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Abbeville |
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Code of Ordinances |
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Part II. THE CODE OF ORDINANCES |
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Chapter 2. ADMINISTRATION |
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Article III. CIVIL DEFENSE AND EMERGENCY PREPAREDNESS |
§ 2-67. Emergency powers and duties.
(a)
Chief executive:
(1)
The mayor of the city and the president of the parish police jury may cooperatively exercise the emergency power and authority necessary in the event of an actual or imminent disaster or emergency, to fulfill their general powers and duties under this article and the law of the state. The judgment of the mayor and the president of the parish police jury shall be the sole criteria necessary to invoke the emergency powers provided under this article and other appropriate authorities. The city council and the parish police jury may convene to perform their legislative and administrative powers as the situation demands and shall receive reports relative to civil defense and emergency preparedness activities and operations. Nothing in this article shall be construed as abridging or curtailing the powers or restrictions of the city council or the parish police jury as defined by the law of the state.
(2)
Local disaster. A local disaster emergency may be declared only by the principal executive officer of the local government subdivision affected, i.e., the mayor, and the president of the policy jury. It shall not be continued or renewed for a period in excess of seven (7) days, except by the consent of the governing authority of the local governmental subdivision either jointly or separately as the situation may warrant. 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 office of the clerk of court.
(3)
The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all local disaster emergency plans and to authorize the furnishing of aid and assistance thereunder. In addition to any other powers conferred upon the principal executive officer of the city and the president of the parish police jury by the constitution, laws or by home rule, or plan of government, they may:
a.
Suspend the provisions of any regulatory ordinance prescribing the procedures for the conduct of local business, or the rules or regulations of any local agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way hinder or delay necessary action in coping with the disaster emergency;
b.
Utilize all available resources of the local government as reasonably necessary to cope with the local disaster emergency;
c.
Transfer the direction, personnel or functions of local departments and agencies or units thereof for the purpose of performing or facilitating emergency disaster services;
d.
Subject to any applicable requirements for compensation, commandeer or utilize any private property if they find this necessary to cope with the local disaster emergency;
e.
Direct and compel the evacuation of all or a part of the population from any stricken or threatened area within the bounds of the local governing authority if they deem this action necessary for the preservation of life or other disaster mitigation, response and recovery;
f.
Prescribe routes, modes of transportation and destination in connection with the evacuation;
g.
Control ingress and egress to and from a local disaster area, the movement of persons within the area and the occupancy of premises therein; such control shall include the prohibition of unauthorized travel in and through any disaster area or flooded area whereby the wake or waves caused by any vehicle or boat will or may contribute damage to homes, places of business or other facilities;
h.
Suspend the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles;
i.
Declare and evoke a curfew between the hours from sunset to sunrise where such declaration is deemed essential to the preservation of life and property, and the safety, health and welfare of the citizenry; such curfew shall not include organized disaster emergency forces engaged in authorized disaster emergency operations such as police, fire, rescue, medical, health, civil defense forces or public works and public utility crews, i.e., telephone, power, water, gas or bona fide members of the news media engaged in news gathering; and
j.
Make provision for the availability and use of temporary emergency housing.
(b)
Coordinator, emergency preparedness and public safety.
(1)
The coordinator shall be a person duly appointed in accordance with the provisions of the Louisiana civil defense law, as amended, and who shall have direct responsibility, under the joint general authority of the city council and the parish police jury and the mayor and president of the aforementioned political subdivisions, and under the general direction and control of the governor of the state through the assistant secretary, Office of Emergency Preparedness. Such appointment shall be made and approved jointly by the city council and the parish police jury.
(2)
The coordinator may exercise the power and authority necessary to fulfill his duties and responsibilities under this article and under the laws of the state which pertain to the civil defense and emergency preparedness program and, in addition, may assume such other authority granted to him by the mayor and the president of the police jury by executive order or directive. Such additional authority and responsibility shall stem from and remain with the chief executive of the aforementioned political subdivisions.
(3)
In the event of an actual or impending disaster emergency, as defined in this article, the coordinator of the office is authorized to utilize the services, equipment and facilities of existing offices, agencies and departments of the city and the parish police jury to the maximum extent practicable, and the officers and personnel of all such agencies, departments and offices are directed to cooperate and extend such services and facilities to the mayor, the police jury president and the coordinator upon request.
(4)
The duties and responsibilities of the coordinator shall include, but not be limited to the following:
a.
Organization and administration of the Office of Emergency Preparedness and Public Safety;
b.
Development and coordination of emergency preparedness plans to cope with any disaster emergency as defined in this article, and utilizing all of the facilities, equipment, manpower and other resources of the city and the parish, volunteer disaster relief agencies, the health and medical profession and industry for the purpose of minimizing or preventing loss of life, injury and loss or damage to property in the event of disaster. Such plans shall be in accordance with state and federal plans and programs;
c.
Coordinate with each agency, department and office of the local government subdivisions concerned in the development of individual operational annexes and appendices to the emergency preparedness plan that will insure operational readiness to respond effectively to a disaster emergency;
d.
Activation, staffing and operational readiness of the emergency operations center and its communications center, including provisions for twenty-four-hour operations when required;
e.
Provision of necessary training and training exercises, drills and seminars, including those essential to insure the readiness of the emergency operations center staff to direct and control effectively the operations of its forces in the field in meeting the actual or impending threat;
f.
Coordinate with state and federal emergency management authorities, the military and the authorities of adjacent political subdivisions in all planning and disaster operations so as to insure the most effective operation of the emergency operations plan and available resources;
g.
Negotiate and conclude agreements with owners of buildings and other facilities, for the use of such buildings and facilities that meet prescribed protection factors, for use as public shelters;
h.
Coordinate the recruitment of volunteer personnel to augment the regularly organized forces of local government, and arrange for training of such personnel with the specific agency or department chief officer. After completion of training, such personnel assigned will operate under the direction and control of the chief officer of the agency or department;
i.
Operational readiness of the emergency operations center and emergency communications center and the staffing thereof in accordance with the approved staffing pattern;
j.
Provision of public education through the conduct of classes and provision of informational materials on hazards and protection measures applicable to disaster threats as defined herein.
(Ord. No. 84-05A, § 5A-5-15-84)