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HomeMy WebLinkAbout12949ORDINANCE NO. 12,949 AN ORDINANCE CREATING AND ESTABLISHING AN OFFICE OF EMERGENCY SERVICES AND PROVIDING FOR A DIRECTOR THERE- OF; GRANTING CERTAIN POWERS; DESCRIBING THE DUTIES THEREOF; REPEALING ALL PROVISIONS OF ARTICLE 1, CHAPTER 11, OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND SUBSTITUTING THE PROVISIONS HEREOF IN LIEU THEREOF; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. POLICY AND PURPOSE (a) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size, and destruc- tiveness resulting from enemy attack, or man - caused catastrophies, riots and civil disturbances, and in order to insure that this City will be prepared to deal with such contingencies in a timely, co- ordinated 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; (2) to confer upon the Mayor the emergency powers provided herein; (3) to provide for the rendering of mutual aid to other cities 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 Ordinance, and the policy of this City, that all City Emergency Services functions be coordinated to the maximum extent with the comparable functions of the State Government, including its various departments and agencies; of other cities and localities, and of private agencies of every type to the end that the most effective preparation and use be made of this City's manpower, resources, and facilities for dealing with any disaster that may occur. ce ,; -f ,� A— d l -2- (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 Operation Plan (Arkansas Disaster Plan) as directed by Act 511 of 1973, which is cited as, "THE ARKANSAS EMERGENCY SERVICES ACT OF 1973." SECTION 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 func- tions for which military forces are primarily responsible; to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, natural causes, man -made catas- trophies or civil disturbances. (b) "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: 1. Name and address; 2. Date enrolled; 3. Loyalty oath; 4. Class of service assigned. (c) "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. (d) "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. -3- SECTION 3. OFFICE CREATED; APPOINTMENT OF DIRECTOR (a) The City Manager is hereby authorized and directed to create an Office of Emergency Services (hereinafter called the "Office ") and to appoint a Director who shall serve in accordance with the provisions of Act 511 of 1973. (b) Personnel of the Office shall be provided with appropriate office space, furniture, equipment, supplies, statio- nery and printing in the same manner as provided for personnel of other City Departments. (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, Civic Clubs, Church Groups, and other social organizations; and shall maintain liaison with, and cooperate with, the State Office of Emergency Services and similar organizations of other cities, counties, neighboring states, and the Federal Government; and shall have such additional authority, duties, and responsibilities authorized by this Section and as may be prescribed by the City Manager. SECTION 4. EMERGENCY SERVICES ADVISORY COUNCIL (a) There is hereby created an Emergency Services Advisory Council (hereinafter called the "Council "), the members of which shall be appointed by the Mayor and Board of Directors, to include the Mayor and five (5) citizens of the City. The Council shall advise the City Manager and Director on all matters pertaining to Emergency Services. The Mayor shall serve as Chairman of the Council, and the members thereof shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties. SECTION 5. POWERS AND DUTIES OF DIRECTOR -- GENERALLY The Director of Emergency Services shall have general direction and control of the office of Emergency Services and, -4- subject to the direction and control of the City Manager, shall have the following functions and duties: (a) To cooperate with City, County, State and Federal Governments, and with private agencies in all matters pertaining to the Emergency Services of this City. (b) To make, amend and rescind the orders, rules and regulations necessary to carry out the provisions of this Ordinance within the limits of the authority conferred upon him herein, with due consideration for the plans, orders, rules and regulations of State and Federal Governments. (c) To develop a comprehensive Emergency Operating Plan to be approved by the Director of the State Office of Emergency Services. When approved, it shall be the duty of all City Depart- ments and Agencies to perform the functions assigned in the plan, and to maintain their portion of the plan in a current state of readiness at all times. (d) To seek assistance from persons when a required skill for a disaster function is not available within City Govern- ment. The assignment of duties, of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. Such services from persons outside the government may be accepted by the City on a voluntary basis. Such citizens shall be enrolled as Office of Emergency Services volunteers in cooperation with the Heads of City Departments affected. (e) In accordance with comprehensive plans and programs prepared by the City Office of Emergency Services and approved by the State to procure supplies and equipment, to institute training and public information programs, and to take all other preparatory steps, including the partial or full mobilization of all City resources in advance of actual disaster to insure the providing of adequately trained and equipped persons in times of need. 'r -5- (f) To make studies and surveys of potential hazards and of facilities and resources within the City as may be neces- sary to determine the capabilities and /or limitations of the City to carry out emergency operations under any contingency. (g) In cooperation with adjoining cities, to establish interjurisdictional disaster planning and service areas. (h) On behalf of the City to enter into mutual aid agreements with other Cities. (i) To delegate any administrative authority vested in him under this Section, and to provide for the subdelegation of any such authority. (j) To cooperate with the Governor and the Arkansas Office of Emergency Services and other appropriate State Offices and Agencies, and with the officials and agencies of the other cities and counties within the State, including the direction and control of (a) mobilization of Emergency Services forces, and tests and exercises; (b) warnings and signals for drills or attacks, and the mechanical devices to be used in connection therewith; (c) the conduct of civilians, and the movement or stopping of pedes- trians and vehicular traffic during, prior, and subsequent to drills or attack; (d) public meetings or gatherings;and (e) the evacuation and reception of the civil population. SECTION 6. POWERS AND DUTIES OF DIRECTOR -- DURING LOCAL EMERGENCY When deemed necessary and with the approval of the Mayor or with the Mayor acting through the City Manager, the Director shall declare a local disaster emergency in accordance with Section B of Act 511 of 1973, provided that such declaration shall not exceed a period of seven (7) days. SECTION 7. POWER TO ENTER INTO CONTRACTS AND OBLIGATIONS If any disaster as described in Section 2 hereof occurs and a disaster emergency is declared, the City shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protect the health and safety of persons and property; and provide emergency assistance to the victims of such disaster. The City is authorized to exercise the powers vested under the Section '_-C in the light of the exigencies of the extreme emergency situation without regard to the time - consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into con- tracts, the incurring of obligations for the employment of tempor- ary workers, the rental of equipment, the purchase of supplies and material, and the appropriation and expenditure of public funds. SECTION 8. APPROPRIATION AND AUTHORITY TO ACCEPT SERVICES, GIFTS, GRANTS, AND LOANS (a) The City shall have the power to make appropriations in the manner provided by law for making appropriation for the ordinary expenses of the City for payment of expenses of the Office of Emergency Services. (b) Whenever the State Government or any agency or officer thereof shall offer to the City, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose of Emergency Services, the City,acting through the Board of Directors, may accept such offer and upon such acceptance, the Board of Directors may authorize any officer of the City to receive such services, equipment, supplies, materials, or funds on behalf of this City, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. (c) Whenever any persons, firm, or corporation shall offer to this City, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of Emergency Services, the City, acting through the Board of Directors, may authorize any officer of the City to receive such services, equipment, supplies, materials, or funds on behalf of this City, and subject to the terms of the offer. SECTION 9. UTILIZATION OF EXISTING SERVICES AND FACILITIES (a) In carrying out the provisions of this Ordinance, the City Manager is directed to utilize the services, equipment, supplies, and facilities of existing departments, offices and agencies; and '�, . ;1. -%- these departments, offices and agencies are directed to cooperate with and extend such services and facilities to the City Manager and to the Office of Emergency Services of the City upon request. SECTION 10. POLITICAL ACTIVITY PROHIBITED (a) No Office of Emergency Services established under the authority of this Section shall participate in any form of political activity, not shall it be employed directly or indirectly for political purposes. SECTION 11. EMERGENCY SERVICES PERSONNEL (a) No person shall be employed or associated in any capacity in the Office of Emergency Services of this City, estab- lished 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 who is appointed to serve in the Office of Emergency Services shall, before entering 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 Consititution 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." "And I do further swear (or affirm) that I do not advocate not am I a member of,any political party or organization that advocates the overthrow of the Government of the United States, or I .� of this State, by force or violence; and that during such time as I am a member of the Emergency Services of (City), I will not advocate not become a member of any political party or organization that advocates the overthrow of the Government of the United States, or of this State, by force or violence." SECTION 12. ENFORCEMENT (a) It shall be the duty of the Office of Emergency Services established pursuant to this Section, and of the officers thereof, to execute and enforce such orders, rules and regulations, as may be made by the Director under the authority of this Section. Such Office shall have available for inspection at its headquarters all orders, rules and regulations made by the Director, or under his authority. (b) In the event of a local disaster emergency, refusal by any person to carry out or obey orders, rules and regulations made under the authority of this Section shall be deemed a mis- demeanor which, upon conviction, shall be punishable by fine of not more than fifty dollars ($50.00). SECTION 13. All provisions of Article 1, Chapter 11 of the Code of Ordinances of the City of Little Rock are hereby repealed and the provisions of this Ordinance substituted in lieu thereof. SECTION 14. This Ordinance shall be in full force and effect from and after its passage. PASSED: July 23, 1974 ATTEST: 9&nt_,� 444�/ City Clerk APPROVED: A,11A� Mayor