HomeMy Public PortalAbout302CITY OF MEDINA
ORDINANCE NO. 302
AN ORDINANCE AMENDING SECTION 206.01 ET SEQ. OF THE
CODE OF ORDINANCES REGARDING EMERGENCY PREPAREDNESS
The City Council of the City of Medina ordains as follows:
Section I. Sections 206.01 through 2.06.23 of the Medina Code of Ordinances shall be
deleted in their entirety and new Sections 206.01 through 206.09 shall be adopted as
follows:
Subd. 2. To provide for the rendering of mutual aid between the City and other
Subd. 2. Emerlenc . Emergency means an unforeseen combination of circumstances
Subd. 3. Emergency Services. Emergency services means the preparation for the
pfinanly o sible, to--prev „ ize—aTd--ram injury and damage resulting from
> ,
Subd. 4. D_gpartment of Emergency Services. Department of Emergency Services
1
Subd. 5. Mobile Support Unit. Mobile support unit means an organization for
ti ke0 o s,Zi31 urea.
e.. 'Nmnflt..and
Subd. 7. Imminence. Imminence means clear and present danger to life and/or
compensated at a rate to be determined by the City Council and shall be reimbursed for
expenses necessarily incurred in the performance of duty. The Director shall have
powers
Subd. 1. The Director shall prepare a comprehensive plan for the civil defense and
c bE T� D the t� „a ed„ .,tie ,if- the -vier -lc -force -of -the
. _ ____-_______ _____J ____ AJ _. _ _. __
J J
Subd. 4. The Director may, in cooperation with other public and private agencies
2
Subd. 6. The Director may prepare a budget for the acquisition or organizational
206.09. Coordinator of Goods and Services. In carrying out the duties hereunder, the
leeremergeney:
20643-*:ems Ei o ,ate „tie - c eme o i ti „� shall be
^� 1 V�. N1GI.F1V11J J Kl V V
f Y
J
7
equipment
f 11
pa aiuvvtvi ......yv...v.v, w..,.., ..._.w ._aw_w___._-..-.-..____. _y--__
i ;
eenveyanees7
J 9 7
3
206.01. Policy and Purpose. Because of the existing possibility of the occurrence of
disasters of unprecedented size and destruction resulting from fire, flood, tornado,
blizzard, winds or other natural causes, or from sabotage, hostile action, or from
hazardous material mishaps of catastrophic measure or other major incidents, and in order
to insure that preparations of the City will be adequate to deal with such disasters and
generally, to provide for the common defense and to protect the public peace, health and
safety, and to preserve the lives and property of the people of Medina, it is hereby found
and declared that the adoption of this ordinance is necessary to accomplish the following
purposes:‘,v s �
a) To establish a City emergency management organization responsible for City planning
and preparation for emergency government operations in time of disasters;
4
o provide for the exercise of necessary powers during emergencies and disasters;
To provide for the rendering of mutual aid between the City and other political
subdivisions with respect to the carrying out of emergency preparedness functions;
d) To comply with the provisions of Minnesota Statutes, Chapter 12, known as the
Minnesota Emergency Management Act of 1996; and
To participate as a member of the Lake Minnetonka Regional Emergency
Management, Preparedness Planning and Review Committee and accept its
emergency plan as the City's basic plan for responses to emergencies, disasters,
major incidents, mutual aid and other projects consistent with this ordinance and
Minnesota Statutes, Chapter 12.
206.03. Definitions . For the purposes of this ordinance, the following terms shall have
the meanings given below unless another meaning is clear from the context:
Subd. 1. "Emergency Management" means the preparation for and the carrying out of all
emergency functions to prevent, minimize and repair injury and damage resulting from
disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile
action, or from industrial hazardous material mishaps or other major incidents. These
functions include, without limitation, fire-fighters services, police services, emergency
medical services, engineering, warning services, communications, radiological, and
chemical, evacuation, congregate care, emergency transportation, existing or properly
assigned functions of plant protection, temporary restoration of public utility services and
other functions related to civil protection together with all other activities necessary or
incidental for carrying out of the foregoing functions. Emergency management includes
those activities sometimes referred to as "civil defense" or "emergency preparedness"
functions
Subd. 2. "Disaster" means a situation which creates an immediate and serious impairment
to the health and safety of any person, or a situation which has resulted in or is likely to
result in major loss to property, and for which traditional sources of relief and assistance
within the affected area are unable to repair or prevent the injury or lass..
Subd. 3. "Emergency" means an unforeseen combination of circumstances which calls for
immediate_ action to respond, or prevent from developing or occurring.
'Subd. 4. "Emergency Management Forces" means the total personnel resources engaged
in City -level emergency management functions in accordance with the provision of this
ordinance or any rule or order thereunder. This includes personnel from City departments,
authorized volunteers, and private organizations and agencies.
5
Subd. 5. "Emergency Management Organization" means the staff element responsible for
coordinating City -level planning and preparation for disaster response. This organization
provides City liaison and coordination with federal, state and local jurisdictions relative to
disaster preparedness activities, major incidents, mutual aid, and other projects consistent
with this ordinance and assures implementation of federal, state, county and other program
requirements.
Subd. 6. "Major Incident" means any incident which exhausts local resources.
Subd. 7. "Emergency Management Mutual Aid" means any disaster or major incident
which requires the dispatching of City personnel, equipment or other necessary resources
within or without the City limits.
Subd. 8. "Lake Minnetonka Regional Emergency Management, Preparedness Planning
and Review Committee" means a committee made up of the Lake Minnetonka area
emergency management directors which develops, renews and establishes a basic
emergency plan, and identifies and coordinates training for member communities and
reviews local plans, exercises, major incidents and disaster responses which are consistent
with this ordinance.
206.05. Establishment of an Emergency Management Organization. There is
hereby created within the City government an emergency management organization which
shall be under the supervision and control of the emergency management director,
hereinafter called the "director" The director shall be appointed by the mayor. The director
shall have direct responsibility for the organization, administration and operation of the
emergency preparedness organization.
206.07. Powers and Duties of the Director. Subd. 1.. The director shall represent the
City on any regional or state conference for emergency management. The director may
develop additional mutual aid agreements with other political subdivisions of the state for
reciprocal emergency management aid and assistance in an emergency too great to be
dealt with unassisted, and shall present such agreements to the city council for its
consideration. Such arrangements shall be consistent with the Emergency Plan. The
director shall also be the City's representative on the Lake Minnetonka Regional
Emergency Management, Preparedness Planning and Review Committee.
Subd. 2. The director shall make assessments of personnel, businesses and industries,
resources and facilities of the City as deemed necessary to determine their adequacy for
emergency management and to plan for their most efficient use in time of an emergency,
major incident or disaster.
SAS
Subd. 3. The director shall prepare a comprehensive emergency plan for the emergency
preparedness of the City and shall present such plan to the city council for its approval.
When the city council has approved the plan by resolution, it shall be the duty of all City
agencies and all emergency preparedness forces of the City to perform the duties and
6
'functions assigned by the plan as approved.`The plan may be modified`in like manner from
time to time. The director shall coordinate the basic emergency management activities of
the City to the end that they shall be consistent and fully integrated with the basic
emergency plan of the Lake Minnetonka Regional Emergency Management, Preparedness
Planning and Review Committee, and federal and state governments.
Subd. 4. In accordance with the emergency plan, the director shall institute such training
programs, public information programs and conduct practice warning alerts and
emergency exercises as may be necessary to assure prompt and effective operation of the
emergency plan when a +disaster, major incident or mutual aid occurs.
Subd. 5. The director, during an emergency, major incident or mutual aid, shall utilize the
personnel, services, equipment, supplies and facilities of existing departments and agencies
of the City to the maximum extent practicable. The officers and personnel of all such
departments and agencies shall be, to the maximum extent practicable, cooperative with
and extend such services and facilities to the emergency management organization. The
head of each department or agency in cooperation with the director shall be responsible
for the planning and programming of such emergency activities as will involve the
utilization of the facilities of the department or agency.
Subd. 6. The director shall, in cooperation with the existing departments and agencies
affected, assist in the organizing, recruiting and training of such emergency management
personnel, as may be required on a volunteer basis to carry out the emergency plans. To
the extent that such emergency personnel are recruited to augment a regular department
or agency for emergencies, they shall be assigned to such departments or agencies and
shall be under the administration and control of said department or agency.
Subd. 7. The director shall carry out all orders rules and regulations issued by the city
council with reference to emergency management.
Subd. 8. The director shall prepare and submit such reports on emergency` preparedness
activities as may be requested by the city council
206.09. Local Emergencies. Subd. 1. A local emergency, including a disaster, major
incident or mutual aid response, may be declared by the mayor. It shall not be continued
for a period in excess of three days except by or with the consent of the city council. Any
order or proclamation declaring, continuing, or terminating a local emergency shall be
given prompt and general publicity and shall be filed promptly by the clerk -treasurer.
Subd. 2. A declaration of a local emergency shall invoke necessary e
g y ary portions of the
response and recovery aspects of applicable plans, including fiscal expenditures, which are
consistent with this ordinance.
Subd. 3. No other City agency or official may declare a local emergency unless expressly
authorized by the agreement under which the agency functions. gar
7
`206.11 Emergency Regulation's. Subd. 1. Whenever necessary to meet a declared
emergency or to prepare for such an emergency for which adequate regulations have not
been adopted by the governor of the state of Minnesota or the City, the city council may
by resolution promulgate regulations, consistent with the applicable federal or state law or
regulation, respecting the conduct of persons and the use of property during emergencies;
the repair, maintenance, and safeguarding of essential public services; emergency health,
fire, and safety regulation; drills or practice periods required for preliminary training; and
all other matters which are required to protect public safety, health, and welfare in
declared emergencies.
Subd. 2. Every resolution of emergency regulations shall be in writing, dated, refer to
the particular emergency to which it pertains, if so limited, and be filed with the clerk -
treasurer. A copy shall be kept posted and available for public inspection during business
hours. Notice of the existence of such regulation and its availability for inspection at the
office of the clerk -treasurer shall be conspicuously posted at the front of the city hall or at
such other places in the affected area as the city council shall designate in the resolution.
By like resolution, the city council may modify or rescind any such regulation.
Subd. 3. The city council may rescind any such regulation by resolution at any time. If
not sooner rescinded, every such regulation shall expire at the end of 30 days after its
effective date or at the end of the emergency to which it relates, whichever comes first.
Any resolution, rule or regulation inconsistent with an emergency regulation promulgated
by the city council shall be suspended during the period of time and to the extent such
conflict exists.
Subd. 4. During a declared emergency, the director is, notwithstanding any statutory
provision on the contrary, empowered through the city council acting within or without
the corporate limits of the City, to enter into contracts and incur obligations necessary to
combat such disaster by protecting the health and safety of persons and property and
providing emergency assistance to the victims of such disaster. The director may exercise
such powers in the light of the exigencies of the disaster without compliance with the
time-consuming procedures and formalities prescribed by law pertaining to the
performance of public work, entering rental equipment agreements, purchase of supplies
and materials, limitations upon tax levies, and the appropriation and expenditure of public
funds including, but not limited to, publication of resolutions, publication of call for bids,
provisions of personnel laws and rules, provisions relating to low bids, and requirements
for budgets.
206.13 Emergency Management A Governmental Function. All functions thereunder
and all other activities relating to emergency management are hereby declared to be
governmental functions. The provisions of this section shall not affect the right of any
person to receive benefits to which he or she would otherwise be entitled under this
ordinance or under the workers' compensation law, or under any pension law, nor the
right of any such person to receive any benefits or compensation under any act of
Congress.
8
206.15. Participation in Labor Dispute or Politics. The emergencymanagement
organization shall not participate in any form of political activity, nor shall it be employed
directly or indirectly for political purposes, nor shall it be employed in a labor dispute. The
director may express professional opinions on legislative or other legal regulations
consistent with the areas found in Minnesota Statutes, Chapter 12.
206.17. Authorizing Dispatch and Use of City Equipment and Services by the
Director in Emergency Situations. Subd. 1. The City finds it desirable and necessary
to authorize the director to dispatch City equipment and personnel to local communities
who request aid to combat their emergency, disaster, or major incident consistent with this
:ordinance and sections 206.07 and 206.09 hereof.
Subd. 2. The director shall evaluate the internal needs of the City, and dispatch
appropriate available aid. The director shall immediately recall, order and terminate the
use of any dispatched equipment and personnel when the need for their use no longer
exists, or earlier when it appears in the best interest of the City. Aid requested from
outside the Lake Minnetonka Regional area, or extended local aid, shall require mutual
agreement between the director and the mayor.
Subd. 3. The director's acts shall be fully authorized as acts of the City, and all provisions
for compensation of personnel, rental of equipment, liability insurance coverage, workers'
compensation insurance and all other safeguards and matters pertaining to the City, its
equipment and personnel, shall apply in each case as if specifically authorized and directed
at such time, whether or not the city council has previously requested and provided for
assistance and the use of equipment and personnel under a mutual protection agreement or
other type protection agreement within the City.
Section II. This ordinance shall become effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this 14 day of September, 1998.
F,K
B. Ferris, Mayor
Paul Robinson, Clerk -Treasurer
Published in the Lakeshore Weekly News on the 24`h day of September, 1998.
9