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O-2009-6
AN ORDINANCE
AMENDING SECTIONS 1.27.020, 1.27.060 and 1.27.070 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE OFFICE OF EMERGENCY MANAGEMENT AND ADOPTING ADDITIONAL SECTIONS RELATING TO THE OFFICE OF EMERGENCY MANAGEMENT
WHEREAS, Chapter 1.27 of the Lakewood Municipal Code relating to the office of Emergency Management was originally adopted by the Lakewood City Council in 2002; and,
WHEREAS, Colorado Revised Statutes 24-32-2103, et seq., sets forth the authority of political subdivisions relating to the declaration of local disaster emergencies; and,
WHEREAS, the City Council wishes to amend the City ordinance relating to the Office of Emergency Management in order to more fully set forth the procedures and authority of the City in relation to local disaster emergencies.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 1.27.020 of the Lakewood Municipal Code is amended to read as follows:
1.27.020. Definitions.
The following words and phrases shall have the following meanings for purposes
of this Chapter 1.27:
A. "City Manager" means the City Manager of the City of Lakewood or
that person's designee.
B. "Disaster" means the occurrence or imminent threat of widespread
or severe damage, injury, or loss of life or property affecting the City of
Lakewood, resulting from any natural cause or cause of human origin, including
but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous
substance incident, oil spill or other water contamination requiring emergency
action to avert danger or damage, volcanic activity, epidemic, air pollution,
blight, drought, infestation, explosion, civil disturbance, act of terrorism,
hostile military or paramilitary action, or a condition of riot, insurrection,
or invasion. .
SECTION 2. Section 1.27.060 of the Lakewood Municipal Code is amended to read as follows:
1.27.060 Procedures.
A. Proclamation: The City Manager shall have the power to declare by proclamation that a state of disaster exists. The proclamation of disaster shall be in writing and shall describe the nature of the disaster, the area threatened and the conditions which have brought it about. The City Manager shall ensure proper publication and dissemination of the proclamation and other information to the public. The City Manager shall file the proclamation with the City Clerk and City Council and forward a copy to the Colorado Division of Emergency Management, Department of Local Affairs or any successor agency.
B. Succession of Authority: If the City Manager is unavailable, the Director of the Mayor and City Manager's Office, and if unavailable followed in order by the Chief of Police and then the Public Works Director shall have the same authority as is granted to the City Manager herein.
C. Effect of Proclamation: The issuance of a proclamation declaring a state of disaster shall automatically empower the City Manager to exercise any and all of the disaster and emergency powers and shall activate all relevant portions of the Emergency Plan and Management System.
D. Duration:
1. A state of disaster shall remain in effect until the City Manager declares by Proclamation that the threat of danger has passed or that the disaster conditions no longer exist. However, a state of disaster shall not be continued or renewed for a period in excess of seven (7) days unless a majority of the City Council members present, at a duly posted meeting when possible, approves a longer duration. This approval may be conveyed electronically, telephonically, or by facsimile if necessary.
2. Any Proclamation continuing or terminating a state of disaster or emergency shall be filed with the City Clerk and the City Council and a copy shall be forwarded to the Colorado Division of Emergency Management.
E. The Emergency Plan and Management System shall be activated upon issuance
of a Proclamation that a state of disaster exists or by order of the City Manager.
F. In the event it is not reasonably possible to meet formally, the City Council may act without being in a formal meeting. In such an event, the City Manager shall poll individual Council members electronically, telephonically, by facsimile or by other methods.
SECTION 3. Section 1.27.070 of the Lakewood Municipal Code is amended to read as follows:
1.27.070 Disaster and emergency response powers.
A. During the existence of a state of disaster, the City Manager may promulgate such regulations as he/she deems necessary to protect life and property and preserve critical resources. These regulations shall be given widespread circulation and shall be disseminated to newspapers, radio and television media. These regulations may include, but shall not be limited to, powers granted by applicable state law.
B. During a state of disaster, the City Manager may exercise any and all powers granted by applicable state law and shall have the following powers to mitigate, respond to or recover from a disaster or its effects, including, but not limited to:
1. an order establishing a curfew during such hours of the days or nights and affecting such categories of persons as may be designated;
2. an order to direct and compel the evacuation of all or a part of the population from any stricken or threatened areas within the City if the City Manager deems this action is necessary for the preservation of life, property or critical resources and to prescribe routes, modes of transportation and destination in connection with any evacuation;
3. an order controlling, restricting, allocating or regulating the use, sale, production or distribution of food, water, clothing, and other commodities, materials, goods, services and resources or requiring the continuation, termination, disconnection or suspension of natural gas, electric power, water, sewer or other public utilities;
4. an order requiring the closing of businesses;
5. an order closing any streets, alleys, sidewalks, public parks, public ways,
buildings or other public or private places and establishing and controlling
routes of transportation ingress or egress;
6. subject to any applicable requirements for compensation, commandeer or use
any private property if necessary to respond to or mitigate a disaster;
7. expend funds, authorize the obtaining and acquisition of property, equipment,
services, supplies and materials without compliance with procurement regulations
or procedures;
8. suspend or modify the provisions of any ordinance or waive compliance with
procedures and formalities, including notices, as may be prescribed by law if
compliance thereof would in any way prevent, hinder or delay necessary action
in responding to or mitigating a disaster;
9. on behalf of the City, accept services, grants and loans, equipment, supplies, and materials whether from private, nonprofit or governmental sources;
10. temporarily suspend, limit, cancel, postpone, convene, schedule, or continue all meetings of the City Council, and any City committee, commission, board, authority or other City body as deemed appropriate by the City Manager and the Mayor and, if the Mayor is not available, then the Mayor Pro Tem and, if the Mayor Pro Tem is not available, then the City Council President;
11. if regular City forces are determined to be inadequate, then to acquire the services of such other personnel as are available, including citizen volunteers;
12. hire or contract for construction, engineering, architectural, building, electrical, plumbing, and/or other professional or construction services essential to continue the activities of the City without the advertising of bids or compliance with procurement requirements;
13. terminate or suspend any process, operation, machine, device or event that is or may negatively impact the health, safety and welfare of persons or property within the City;
14. delegate authority to such City officials and employees as the City Manager determines reasonably necessary or expedient; and
15. issue any and all other orders or undertake such other functions and activities
as the City Manager reasonably believes is required to protect the health, safety,
welfare of persons or property within the City or to otherwise preserve the
public peace or abate, clean up, or mitigate the effects of a disaster.
SECTION 4. Sections 1.27.071, 1.27.072, 1.27.073, 1.27.074, 1.27.075, and 1.27.076 are hereby adopted to the Lakewood Municipal Code to read as follows:
Section 1.27.071 Enforcement of orders.
A. The members of the police department and such other law enforcement and peace officers as may be authorized by the City Manager are further authorized and directed to enforce the orders, rules and regulations made or issued pursuant to this chapter.
B. During the period of a disaster proclamation a person shall not:
1. enter or remain upon the premises of any establishment not open for business
to the general public, unless such person is the owner or authorized agent of
the establishment; or
2. violate any of the orders or regulations duly issued by the City Manager
or authorized personnel pursuant to the Chapter; or
3. willfully obstruct or interfere with any duly authorized City officer, employee or volunteer in the enforcement or exercise of the provisions of the chapter, or of the undertaking of any activity pursuant to this chapter.
Section 1.27.072 Authority to enter a property.
During a state of disaster a City employee or agent authorized by the City Manager may enter onto private property if the employee or authorized agent has reasonable grounds to believe that there is an emergency and an immediate need for assistance for the protection of life or property, and that entering onto the private property will allow the person to take such steps to alleviate or minimize the emergency or disaster or to prevent or minimize danger to lives or property from the disaster.
Section 1.27.073 Location of governing body meetings and departments.
A. Whenever a disaster makes it imprudent or significantly difficult to conduct
the affairs of the City at its regular locations, the governing body may meet
at any place, inside or outside the City limits. Any temporary meeting location
for the governing body shall continue until a new location is established or
until the governing body is able to return to its normal location.
B. Whenever a disaster makes it imprudent or significantly difficult to conduct the affairs of any department of the City at its regular location, such department may conduct its business at any place, inside or outside the City limits and may remain at the temporary location until the department is able to return to its normal location.
C. Any official act or meeting required to be performed at any regular location of the governing body or of its departments is valid when performed at any temporary location under this section.
D. The provisions of this section shall apply to all executive, legislative and judicial branches, powers and functions conferred upon the City and its officers, employees, and authorized agents.
Section 1.27.074 Mutual aid agreements.
During a state of disaster, the City Manager may, on behalf of the City, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements or other compacts or plans with other entities as appropriate for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services, and any other topics relevant to planning and response to a disaster.
Section 1.27.075 Access to Reserve funds.
In the event of a declared local disaster, the City Manager shall have immediate access to the City's reserve funds and the emergency funds mandated by the Taxpayer's Bill of Rights (TABOR) as set forth in Article X, Section 20, Subsection (5) entitled Emergency Reserves, of the Colorado Constitution. Funds utilized pursuant to this Chapter shall be replenished no later than the conclusion of the following fiscal year, contingent upon the availability of funds and the necessity of further funding for disaster response or mitigation.
Section 1.27.076. Report to City Council.
At such time as a disaster proclamation shall be declared ended, the City
Manager shall within a reasonably practicable time period submit a report to
the City Council describing the nature of the disaster, the type of actions
taken and funds expended pursuant to this Ordinance.
SECTION 5. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of January 2009; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 15th day of January 2009; set for public hearing on the 26th day of January 2009; read, finally passed and adopted by the City Council on the 26th day of January, 2009, and signed, and approved by the Mayor on the 27th day of January 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
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