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ORDINANCE NO. 15,024
AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK IN ORDER TO BRING THE CITY OF
LITTLE ROCK INTO COMPLIANCE WITH AND OBTAIN PROVISIONS OF
ACT 511 OF 1973 AS AMENDED; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. The Chapter title of Chapter 11 of the Code of
Ordinances of the City of Little Rock is hereby changed from
"CIVIL DEFENSE" TO "EMERGENCY SERVICES ".
SECTION 2. Section 11 -1. (a), (b) and (c) of Chapter 11 of
the Code of Ordinances of the City of Little Rock is hereby
amended to read as follows:
(a) Because of the existing and increasing
possibility of the occurrence of major emergencies or
disasters of unprecedented size, and destructiveness
resulting from enemy attack, natural or man - caused
catastrophes, riots and civil disturbances, and in
order to insure that this city will be prepared to
deal with such contingencies in a timely, coordinated
and efficient manner, 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 this city, it is hereby
found and declared to be necessary:
(1) To create an Office of Emergency Services as
a Public Safety Agency of the City of Little
Rock;
(2) to confer upon the chief executive the
emergency powers provided herein;
(3) To provide for the rendering of mutual aid to
other political subdivisions within the State of
Arkansas and adjoining states; and
(4) To cooperate with the state government with
respect to carrying out emergency services.
(b) It is further declared to be the purpose of this
article, and the policy of this city to authorize and
provide for a major emergency and disaster management
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system embodying all aspects of pre- emergency and
pre- disaster preparedness, major emergency and
disaster response and post- emergency and post -
disaster relief by:
(1) Requiring all city departments, mutual aid
response of other political subdivisions and
state agencies, and volunteer organizations to
coordinate all major emergency and disaster
related activities through the Little Rock Office
of Emergency Services in order to assure maximum
efficiency and economy;
(2) Requiring that all emergency service related
functions of this city be coordinated to the
maximum extent with comparable functions of the
state and federal government, including their
various departments and agencies and with private
agencies of every type to the end that the most
effective preparation and use may be made of the
city, state and national manpower, resources and
facilities for dealing with any major emergency
or disaster that may occur.
(c) It is further declared to be the purpose of this
section, and the policy of this city to organize its
emergency services forces in conformity with the
Arkansas Emergency Operations Plan (Arkansas Disaster
Plan) as directed by Act 511 of 1973 as amended,
which is cited as "The Arkansas Emergency Services
Act of 1973 ", and with all provisions of that act.
SECTION 3. Section 11 -2 of Chapter 11 of the Code of
Ordinances of the City of Little Rock is hereby amended to
read as follows:
Section 11 -2. DEFINITIONS
As used in this Section:
(a) "Emergency Services" shall mean the preparation
for and the carrying out of all emergency functions,
other than functions for which military forces are
primarily responsible; to prevent, minimize, and
repair injury and damage resulting from major
emergencies or disasters caused by enemy attack,
natural causes, man -made catastrophes or civil
disturbances. These functions include, without
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limitations, fire fighting, law and order, medical
and health, rescue, engineering, warning,
communications, radiological, chemical or other
special material identification, measurement and
decontamination; evacuation and relocation of persons
from stricken areas; emergency social services such
as housing, feeding and location services; emergency
transportation, plant protection, damage assessment
and evaluation; temporary restoration of public
facilities, debris clearance, and other functions
related to the protection of the people and property
of the city, together with all other activities
necessary or incidental to the preparation for and
carrying out of all the forgoing functions.
(b) "Disaster" shall mean any tornado, storm, flood,
high water, earthquake, drought, fire, radiological
incident, air or surface borne toxic or other
hazardous material contamination, or other
catastrophe, whether caused by natural forces, enemy
attack or any other means which is or threatens to be
of sufficient severity and magnitude to warrant
significant state or federal action to supplement the
efforts and available resources of the city and in
which the chief executive of the city certifies the
need for state assistance for alleviating the damage,
loss, hardship or suffering resulting from such
disaster.
(c) "Major Emergency" shall mean a condition which
requires the activation of emergency response which
exceed the day —to —day response and activities of city
forces and requires the coordinating of a complement
of local, state, federal or volunteer organizations.
The request of at least one responder organization
from outside the city forces may constitute a major
emergency.
(d) "Operational Control" shall mean the assigning of
missions and the exercising of immediate command and
overall management of all resources committed by
state and /or local government to a disaster operation
or major emergency. Unless otherwise delegated by
executive order, the chief executive of the city or
head of the city Office of Emergency Services, as his
direct representative, will exercise operational
control of the occurrence and assign missions. Each
agency, department, or organization will exercise
control and authority over their personnel and
resources to accomplish the assigned mission and will
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coordinate activities through the Office of Emergency
Services. Operational control does not imply, nor is
it intended to include, administrative management,
which will remain with the parent organization.
(e) "Chief Executive" shall mean the City Manager.
(f) "Governing Body" shall mean the Mayor and Board
of Directors.
(g) "Public Safety Agency" shall mean a functional
division of the city which provides fire fighting and
rescue; natural or man - caused disaster or major
emergency response; law enforcement; and ambulance or
emergency medical services. The city Office of
Emergency Services is considered in the context and
definition of a public safety agency for performance
and /or coordination of functions defined as
"emergency services" to the extent necessary for
mitigation of, planning for, response to and recovery
from disasters or major emergencies.
(h) "Public Safety Officer" of the Office of
Emergency Services shall mean those positions
approved by the State Director in the city staffing
pattern and authorized by him to perform and /or
coordinate "emergency service" functions to the
extent necessary for mitigation of, planning for,
response to and recovery from disasters or major
emergencies. Office of Emergency Services
communications personnel are designated public safety
officers for the purposes of operating public safety
communications networks and access to disaster or
major emergency areas to operate mobile
communications command post equipment.
(i) "Accredited Local Office of Emergency Services"
shall mean any local Office of Emergency Services
which has completed the requirements under Act 511 of
1973, and has complied with the rules promulgated by
the State Office of Emergency Services, and has
received by reason thereof a Letter of Accreditation
from the State Office of Emergency Services.
(j) "Qualified Emergency Services Worker" shall mean
an Emergency Services volunteer worker, duly
qualified and registered with both an accredited
local Office of Emergency Services, and the State
Office of Emergency Services, and who has on file in
both the aforementioned, the following information:
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(1) Name and address;
(2) Date enrolled;
(3) Loyalty oath;
(4) Class of service assigned.
SECTION 4. Section 11 -3 (c) of Chapter 11 of the Code of
Ordinances of the City of Little Rock is hereby amended to
read as follows:
(c) The director shall be the executive head of the
office. He shall be responsible for carrying out the
program for emergency services in the city. The director
shall coordinate the emergency services activities of all
city departments and private or volunteer organizations or
individuals; and shall maintain liaison with, and cooperate
with, the state office of emergency services and similar
organizations of other political subdivisions, neighboring
states and the federal government; and shall have such
additional authority, duties and responsibilities authorized
by the City Manager, the Code of Ordinances and Emergency
Operations Plan of the City of Little Rock and State and
Federal legislation, rules or regulations. The powers and
authority of the director shall be the powers and authority
of the office and may be delegated and subdelegated to
personnel of the office as deemed necessary by the director
for the efficient and effective operations of the office.
SECTION 5. Section 11 -4 of Chapter 11 of the Code of
Ordinances of the City of Little Rock is hereby deleted.
SECTION 6. Section 11 -5 (c) of Chapter 11 of the Code of
Ordinances of the City of Little Rock is hereby amended to
read as follows and subparagraph (k) is hereby added:
(c) To develop a comprehensive emergency operations
plan with annexes from city departments and other
organizations which will be approved by the director
and receive concurrence of the chief executive. The
plan will be submitted to the State Office of
Emergency Services for final approval, after which
time it shall have the full force and effect of law.
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(k) To assume primary oversight responsibility and
authority for hazardous materials within the
corporate limits of the City of Little Rock. These
responsibilities include, but are not limited to:
(1) Implementing and enforcing rules and
regulations regarding the reporting of and safe
storage and handling of hazardous materials.
(2) In cooperation with the hazardous materials
response unit of the Fire Department, provide or
arrange training for emergency services, fire
department, and other personnel regarding safe
storage and handling of hazardous material and for
response to hazardous materials incidents.
(3) Advise and assist the hazardous materials
response unit of the Fire Department, who has
responsibility to actually handle the material in
emergency situations, by obtaining necessary
assistance and information, providing coordination of
responding departments and agencies, keeping the city
manager informed, and providing post- incident
reporting as necessary.
(4) Inspect, or cause to be inspected by the
hazardous materials unit or Inspection Division of
the Fire Department and /or state Department of
Pollution Control and Ecology, any property,
structure, vehicle or location within the corporate
limits of the City of Little Rock which has been
reported or alleged to contain hazardous materials
which are not properly stored. Should it be
determined that hazardous materials are improperly
stored they may be declared an imminent hazard and
the owner, transporter or custodian may be required
to properly store, remove or destroy the hazardous
material.
SECTION 7. Section 11 -6 of Chapter 11 of the Code of
Ordinances of the City of Little Rock is amended to read as
follows:
Section 11 -6. POWERS AND DUTIES OF DIRECTOR DURING
LOCAL EMERGENCY
(a) When deemed necessary the director will
recommend that the chief executive declare a local
disaster emergency in accordance with section 13 of
Act 511 of 1973 as amended, provided that such
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declaration shall not exceed seven (7) days. Any
order or proclamation declaring, continuing or
terminating a local disaster emergency shall be given
prompt and general publicity and shall be filed
promptly with the city clerk. The effect of a
declaration of a local disaster emergency is to
activate the response and recovery aspects of any and
all applicable local or interjurisdictional disaster
emergency plans and to authorize the furnishing of
aid and assistance thereunto.
(b) When deemed necessary, the director or his
designee may declare an emergency situation, which
requires response by agencies, departments or
organizations outside the city's normal forces, as a
major emergency. The effect of such a declaration is
that the Office of Emergency Services assumes
jurisdiction and activities will be coordinated
through the Office. Each city department and outside
agency is responsible for command and control of
their forces and accomplishment of assigned or pre-
assigned missions, while the Office of Emergency
Services is responsible for the overall situation. A
major emergency declaration will not exceed 24 hours,
but may be upgraded to a local disaster emergency at
any time.
SECTION 8. Section 11 -10.1 of Chapter 11 of the Code of
Ordinances of the City of Little Rock is amended to read as
follows:
Section 11 -10.1 EMERGENCY SERVICES PERSONNEL
(a) No person shall be employed or associated in any
capacity with the Office of Emergency Services of
this City, established under this Section, who
advocates or has advocated a change by force or
violence in the constitutional form of Government of
the United States or of this State, or of this City,
or the overthrow of any government in the United
States by force or violence, or who has been
convicted, or is under indictment, or information
charging any subversive act against the United
States. Each person, except those designated as
Public Safety Officers by the State Director of
Emergency Services, who is appointed to serve in the
Office of Emergency Services shall, before entering
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upon his duties, take an oath in writing, before a
person authorized to administer oaths in this State,
which oath shall be substantially as follows:
"I,__________________, do solemnly swear (or
affirm) that I will support and defend the
Constitution of the United States, and the
constitution of the State of Arkansas, against all
enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; and I take this
obligation freely, without any mental reservation or
purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about
to enter."
(b) Personnel designated as Public Safety Officers
of the office by the State Emergency Services
Director will swear an appropriate oath before an
official authorized to administer oaths in this
State.
SECTION 9. Section 11 -10.2 (b) of Chapter 11 of the Code of
Ordinances of the City of Little Rock is amended to read as
follows:
(b) In the event of a major emergency, local
disaster emergency or declaration of imminent hazard
regarding hazardous materials, refusal by any person
to carry out or obey orders, rules and regulations
made under the authority of this article shall be
deemed a class A misdemeanor which, upon conviction
shall be punishable as authorized for that criminal
classification.
SECTION 10. The following section is added to Chapter 11 of
the Code of Ordinances of the City of Little Rock:
Section 11 -10.3. EMERGENCY RESPONSE
(a) Due to the time critical nature of response to
the scene of a disaster or major emergency occurrence
the State Director of Emergency Services, as
authorized by Act 511 or 1973 as amended, has
designated appropriate vehicles of state agencies and
local Offices of Emergency Services as emergency
response vehicles.
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1. These
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vehicles share the same privileges and
es regarding traffic laws and ordinances
emergency vehicles as defined by state
2. Emergency vehicles designated by the State
Director of Emergency Services shall be
identified by a flashing light or rotating
beacon, which will be green in color.
3. When responding to an emergency, the
designated emergency vehicle shall have flashing
lights or rotating beacon activated and must be
equipped with and operating a siren device.
SECTION 11. The following section is added to Chapter 11 of
the Code of Ordinances of the City of Little Rock:
Section 11 -10.4. TELECOMMUNICATIONS
(a) The responsibility for development,
implementation and coordinating of radio and
radio /data systems, computer aided dispatch
systems, 9 -1 -1 emergency and standard telephone
systems, specifications for communications and
telephone equipment and the actual purchase,
maintenance and replacement of all city owned
radio communications and telephone equipment of
the city of Little Rock is the responsibility of
the Office of Emergency Services,
(b) The office will provide user training upon
request for communications equipment owned and /or
operated by the City of Little Rock.
(c) The city Office of Emergency Services shall
operate the Central Communications Center, which
will serve as the 9 -1 -1 Public Safety Answering
Point (PSAP). This Public Safety Communications
Center shall maintain a telecommunications link
with the State office of Emergency Services and
may serve the purpose of coordination, dispatch
and information service for those departments and
public safety agencies of the city and other
political subdivisions and private agencies as
directed or authorized by the City Manager and
mutual aid agreements. The Central
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Communications Center will operate on a
continuous basis and will be staffed by Public
Safety Communications Officers of the Office of
Emergency Services.
SECTION 12. EMERGENCY
It is hereby found and determined that there is an immediate
and urgent need for revision of Chapter 11 of the City Code
of Ordinances to enable the city Office of Emergency
Services to more effectively and efficiently carry out it's
responsibilities under said ordinance; that this ordinance
is designed to accomplish this purpose and should be given
effect immediately. Therefore, an emergency is declared to
exist and this ordinance being necessary for the immediate
preservation of the public peace, health and safety shall be
in full force and effect from and after it's passage and
approval.
PASSED: December 17, 1985
ATTEST: Ijaz� *-, City Clerk Jane Czech
APPROVED:
Mayor TJJJh���o--- m-- -asAss AAA.". Prince