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3.20.20 Signed Declaration of Emergency Ordinance - 14 PgsChapter 30 CIVIL EMERGENCIES* * Cross References: Administration, ch. 2; emergency services, ch. 42; fire prevention and protection, ch. 50; floods, ch. 54; offenses and miscellaneous provisions, ch. 66; traffic and vehicles, ch. 98. State Law References: State militia, O.C.G.A. § 38-2-1 et seq.; emergency management, O.C.G.A. § 38-3-1 et seq.; emergency funds for local governments, O.C.G.A. § 50-8-8. Article I. In General Secs. 30-1--30-25. Reserved. Article II. Emergency Management Sec. 30-26. Definitions. Sec. 30-27. Penalties. Sec. 30-28. Department; director. Sec. 30-29. City organization. Sec. 30-30. Emergency and disaster operations rules and regulations. Sec. 30-31. Succession of authority. Sec. 30-32. Emergency powers. Sec. 30-33. Volunteers. Sec. 30-34. Nongovernmental involvement in emergency management functions. Sec. 30-35. Identification as emergency management member. Sec. 30-36. Vehicle warning lights. ARTICLE I. IN GENERAL Secs. 30-1--30-25. Reserved. ARTICLE II. EMERGENCY MANAGEMENT Sec. 30-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency management means the preparation for 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 emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, or other causes. These functions include, without limitation, firefighting services; police services; medical and health services; rescue; engineering; warning services; communications; defense from radiological, chemical, and other special weapons; evacuation of persons from stricken areas; emergency welfare services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the functions enumerated in this definition. Emergency management department means that organization responsible for carrying out the emergency planning and coordination in accordance with the Georgia Emergency Management Act of 1981 (O.C.G.A. § 38-3-1 et seq.) and other functions as assigned by this article. Emergency management director means that individual appointed in accordance with the Georgia Emergency Management Act of 1981 (O.C.G.A. § 38-3-1 et seq.) as the head of the city emergency management department. Energy emergency means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power -generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 USC 2011 et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state. Recovery means any activity directed toward or relative to retrieval or return of persons or property to a relative predisaster or preemergency status. Rescue means any activity directed toward and requiring the utilization of organized and trained personnel to locate and extricate persons trapped in damaged buildings, shelters, vehicles and other enclosures, or from contaminated areas; and to provide first aid or emergency medical treatment or arrange for removal of persons to safety. Search means any activity directed towards discovering the location or whereabouts of an individual missing or reported missing, in jeopardy or possible jeopardy of life or limb. (Code 1977, § 7-1) Cross References: Definitions generally, § 1-2. Sec. 30-27. Penalties. Any organization, association, group, team or individual violating any provision of this article, or any rule, order or regulation made pursuant to this article, shall, upon conviction thereof, be punished as for a misdemeanor. (Code 1977, § 7-10) Sec. 30-28. Department; director. (a) There is hereby established the city emergency management department. The mayor and council shall nominate, in accordance with the Georgia Emergency Management Act of 1981 (O.C.G.A. § 38-3-1 et seq.), for appointment by the governor, a director of emergency management for the city. (b) When appointed, the emergency management director is charged: (1) With representing the mayor and council on all matters pertaining to emergency management. (2) With assisting city officials in organizing the city departments for emergency operations. (3) With developing and maintaining current, in conjunction with other city departments, the emergency and disaster operations plan (basic plan) for emergency functions as set forth in section 30-26. Such plan will be in consonance with the state emergency and disaster operations plan and shall be submitted to the mayor and council for concurrence and thence to the state director of emergency management for approval. (4) With maintaining the emergency management department in carrying out the day-to-day administration of the emergency management program, including the rendering of required reports to the state emergency management agency. (5) With rendering reports such as financial, daily activities, etc., as required by the mayor and council in keeping with good business practices. (6) With procuring, upon authority of the mayor and council, and maintaining a facility to be used as the city emergency operating center (EOC). (7) With coordinating the activities of the city emergency operating center staff during times of a declared emergency, under the supervision of the mayor and council. (8) With advising the elected city officials of the nature, magnitude and effects of the emergency. (9) With orienting and training the city emergency operations center staff and conducting periodic exercises to test and evaluate the city emergency and disaster operations plan. (c) In the absence of the emergency management director, the deputy emergency management director shall have full authority to act in his/her behalf. (Code 1977, § 7-2) Sec. 30-29. City organization. (a) The city emergency management organization shall be established around existing city departments and agencies. The primary and support responsibilities for the various emergency functions are as follows: Emergency Function I De artment/A enc Communications Communications department (primary) Emergency management department (support) Department of police (support) Fire department (support) Public works (support) City hall (support) Libra su ort Warning Emergency management department (primary) Communications department (support) Department of police (support) Fire department (support) Public information Clean city/public relations (primary) Emergency management department (support) City hall su ort Search, rescue and Fire department (primary) recovery Department of police (support) Public works (support) Parks and recreation su ort Police services Department of police (primary) Fire services Fire department(primary) Evacuation Emergency management department (primary) Department of police (support) Fire department su ort Engineering Public works (primary) Parks and recreation (support) Hazardous materials Fire department (primary) control Emergency management department (support) Department of police (support) Public works su ort Health and social services Fire department (primary) Emergency management department (support) Radiological defense Emergency management department (primary) Fire department (support) Department of police (support) Public works (support) Parks and recreation (support) Transportation Public works (primary) Emergency management department (support) City hall (support) Petroleum and solid fuel Public works (primary) services Emergency management department (support) City hall (support) Utilities services Public works (primary) Emergency management department (support) City hall (support) Administrative services Ci hall rimary) Shelter servicesv Emergency management department (primary) Parks and recreation (support) (b) Each department or agency with a primary responsibility shall prepare a functional annex to the basic plan of the city emergency and disaster operations plan that shall set forth policies and provisions for carrying out the various emergency functions and shall maintain this functional annex and supporting documents on a current basis. (c) Each department or agency with support responsibility shall assist the department or agency with primary responsibility in the preparation of the functional annexes and shall prepare the necessary documents to support this plan and maintain these on a current basis. (d) Each department or agency with a primary or support responsibility shall prepare standing operating procedures (S.O.P.'s) to accomplish their assignments and shall furnish a copy to the emergency management director. (e) All other departments and agencies not having primary or support responsibilities in emergency operations shall carry out whatever functions the mayor shall specify. (f) Each department and agency shall appoint a department or agency emergency coordinator and shall furnish that name to the emergency management director. (g) Each department or agency that has entered into a mutual aid agreement with a department or agency of another political subdivision or with a private entity shall furnish a copy of the agreement to the emergency management director. (Code 1977, § 7-3) Sec. 30-30. Emergency and disaster operations rules and regulations. The city emergency and disaster operations plan shall be the rules and regulations for operations should an emergency or disaster strike or impend any part of the city. (Code 1977, § 7-4) Sec. 30-31. Succession of authority. (a) In the absence of the various elected governing officials in the city, the succession of authority to act instead of the mayor shall be as follows: (1) Mayor pro tempore. (2) Councilmembers. The most senior in years of continuous service on the council, except, where continuous service is equal, the representative of the lowest numbered ward will succeed. (3) Director of the emergency management department. (4) Chief of the department of police. (5) Chief of the fire department. (b) The absence of the officials enumerated in subsection (a) of this section shall be construed to mean not at the emergency operating center and not available by telephone or radio. (Code 1977, § 7-5) State Law References: Emergency interim successors to various officials, O.C.G.A. § 38-3-50. Sec. 30-32. Emergency powers. 30-32.1. Regulations continued in effect. All ordinances, resolutions, motions and orders pertaining to civil defense, emergency management and disaster relief, which are not in conflict with this chapter, are continued in full force and effect. 30-32.2. Emergency management and response powers. (a) Declaration of emergency. (1) Grant of authority. In the event of an actual or threatened occurrence of a disaster or emergency, which may result in the large-scale loss of life, illness, injury, property damage or destruction or in the major disruption of routine community affairs, business or governmental operations in the city and which is of sufficient severity and magnitude to warrant extraordinary assistance by federal, state and local departments and agencies to supplement the efforts of available public and private resources, if the governor has declared a state of emergency pursuant to O.C.G.A. § 38-3-3 et.seq, the mayor may declare an emergency for the city. (2) Request for state assistance. Consistent with a declaration of emergency, the mayor may request the governor to provide assistance, provided that the disaster or emergency is beyond the capacity of the city to meet adequately and state assistance is necessary to supplement local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster. (3) Continuance. The declaration of emergency declared by the mayor shall continue during the term of the state of emergency declared by the governor or until the mayor finds that emergency conditions no longer exist, at which time, the mayor shall execute and file with the clerk of the city a document marking the end of the state of emergency. No state of emergency shall continue for longer than 30 days, unless renewed by the mayor. The city council may, by resolution, end a state of emergency declared by the mayor at any time. (4) Effect of declaration of emergency. a. Activation of emergency operations plan. A declaration of emergency shall automatically activate the city emergency operations plan and shall be authority for the deployment of personnel and use of any forces to which the plan applies and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available pursuant to the Georgia Emergency Management Act or any other laws applicable to emergencies or disasters. The city emergency management director shall have the legal authority to exercise the powers and discharge the duties conferred upon the emergency management department, including the implementation of the emergency operations plan, coordination of the emergency responses of public and private agencies and organizations, coordination of recovery efforts with state and federal officials, and inspection of emergency or disaster sites. 2. In responding and conducting necessary and appropriate investigations, the director or his/her designee is authorized to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting sites involved with emergency management functions. 3. No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper or interfere with any such representative while that individual is in the process of carrying out his or her official duties. b. Emergency powers. Following a declaration of emergency and during the continuance of such state of emergency, the mayor is authorized to implement any and all local emergency measures authorized by state, local or federal law to protect life and property or to bring the emergency situation under control. In exercising this authority, the mayor may cause to become effective any of the following subsections of this section as appropriate: 30-32.6 and 30-32.7. If any of these subsections is included in a declaration of emergency, the same shall be filed in the office of the clerk of the city and shall be in effect until the declaration of emergency has terminated. C. Authority to waive procedures and fees. Pursuant to a declaration of emergency, the city council is authorized to cause to be effective any of the subsections of subsection 30-32.4 of this section as appropriate. The implementation of such subsections shall be filed in the office of the clerk of the city. d. Additional emergency powers. The mayor shall have and may exercise for such period as the declared emergency exists or continues the following additional emergency powers: 1. To direct and compel the evacuation of all or part of the population from any stricken or threatened area, for the preservation of life or other disaster mitigation, response or recovery; 2. To prescribe routes, modes of transportation and destinations in connection with evacuation; 3. To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and flammable liquids and substances; 4. To make provision for the availability and use of temporary emergency housing; 5. To transfer the direction, personnel or functions of any city departments and agencies or units thereof for the purpose of performing or facilitating emergency services; 6. To utilize all available resources of the city and subordinate agencies over which the city has budgetary control as reasonably necessary to cope with the emergency or disaster; 7. To commandeer or utilize public or private property when necessary to cope with the emergency or disaster; 8. To suspend any law, code provision or regulation prescribing the procedures for conduct of city business, or the orders, rules or regulations of any city agency, if strict compliance with any ordinance, resolution, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency or disaster, provided that such suspension shall provide for the minimum deviation from the requirements under the circumstances and further provided that, when practicable, specialists shall be assigned to avoid adverse effects resulting from such suspension; 9. To provide welfare benefits to citizens upon execution of an intergovernmental agreement for grants to meet disaster -related necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in cases where the individuals or families are unable to meet the expenses or needs from other means, provided that such grants are authorized only when matching state or federal funds are available for such purposes; 10. To perform and exercise such other functions, powers and duties authorized by law as may be deemed necessary to promote and secure the safety and protection of the civilian population, including individuals with household pets and service animals prior to, during, and following a major disaster or emergency. (b) Form of declaration. Upon the declaration of emergency, an official "Declaration of Emergency," in substantially the same form set forth below, shall be signed and filed in the office of the clerk of the city and shall be communicated to the citizens of the affected area using the most effective and efficient means available. The declaration shall state the nature of the emergency or disaster, the conditions that require the declaration and any sections of this chapter which shall be in effect. DECLARATION OF EMERGENCY WHEREAS, the City of Smyrna, Georgia has experienced an event of critical significance as a result of [DESCRIPTION OF EVENT] on [DATE]; and WHEREAS, in the judgment of the mayor, with advice from the Smyrna Emergency Management Department, there exist emergency circumstances located in [DESCRIBE GEOGRAPHIC LOCATION] requiring extraordinary and immediate corrective actions for the protection of the health, safety and welfare of the citizens of Smyrna, including individuals with household pets and service animals; and WHEREAS, to prevent or minimize injury to people and damage to property resulting from this event; NOW, THEREFORE, pursuant to the authority vested in me by local and state law; IT IS HEREBY DECLARED that a local state of emergency exists and shall continue until the conditions requiring this declaration are abated. WHEREFORE, IT IS ORDERED: (1) That the Smyrna Emergency Management Department activate the Emergency Operations Plan; (2) That the following sections of the Official Code of Smyrna, Georgia be implemented: [If deemed appropriate, choose from the following: Section 30-32.6, Registration of Building and Repair Services; Section 30-32.7, Closed or Restricted Areas and Curfews]; and (3) That the following measures also be implemented: [If deemed appropriate, select items from Section 30-32.2(a)(4)c, d or such other measures as appropriate.] ENTERED at [TIME] on [DATE]. [Signed] Mayor, City of Smyrna, Georgia. 30-32.3. Enforcement and remedies. (a) Law enforcement responsibilities. The law enforcement authorities of the city shall enforce the orders, rules and regulations contained in this chapter and/or implemented by the mayor or local governing authority during a declared emergency. (b) Penalties. Failure to comply with any of the requirements or provisions of the regulations contained in this chapter, or with any code section, order, rule or regulation made effective by the mayor or local governing authority upon or after the declaration of an emergency shall constitute a violation of the provisions of this chapter. Any person who violates any provision in this chapter shall, upon conviction thereof, be guilty of a misdemeanor for each violation and punished as provided by section 1-8 of this Code. Each day during which a violation or failure to comply continues shall constitute a separate violation. (c) Injunctive relief. In addition to the remedies prescribed in this section, the city is authorized to obtain an injunction to restrain violation of laws, code sections, orders, rules and regulations which are contained in the Georgia Emergency Management Act and/or this code, and/or which are implemented by the city during a declared emergency. 30-32.4. Authority to waive procedures and fee structures. (a) City business. Upon declaration of an emergency or disaster by the governor or mayor, the affairs and business of the city may be conducted at places other than the regular or usual location, within or outside of the city, when it is not prudent, expedient or possible to conduct business at the regular location. When such meetings occur outside of the city, all actions taken by the local governing body shall be as valid and binding as if performed within the city. Such meeting shall be called as provided by existing law. (b) Purchasing and public works contracts. Upon declaration of an emergency or disaster by the governor or mayor, the city council may contract for public works without letting such contract out to the lowest, responsible bidder and without advertising and posting notification of such contract provided, however, that the emergency must be of such nature that immediate action is required and that the action is necessary for the protection of the public health, safety and welfare. Any public works contract entered into pursuant to this subsection shall be entered on the minutes of the city as soon as practical and the nature of the emergency described therein. (c) Code enforcement. Upon declaration of a state of emergency or disaster by the governor or the mayor, the city council may temporarily suspend the enforcement of the ordinances of the city, or any portion thereof, where the emergency is of such nature that immediate action outside the code is required, such suspension is consistent with the protection of the public health, safety and welfare, and such suspension is not inconsistent with any federal or state lawsor regulations. (d) Fees. Upon declaration of a state of emergency or disaster by the governor or the mayor, the city council may temporarily reduce or suspend any permit fees, application fees or other rate structures as necessary to encourage the rebuilding of the areas impacted by the disaster or emergency. The term "fees" include fees or rates charged by the city for building permits, land disturbance permits, zoning applications, special land use permits, temporary land use permits and other fees relating to the reconstruction, repair and clean up of areas impacted by the disaster or emergency. The term "fees" does not include fees collected by the city on behalf of the state or federal government or fees charged by the city pursuant to a state or federal statute or regulation. (e) Temporary dwellings. Upon the declaration of a state of emergency or disaster by the governor or mayor, the city council or its designees may issue temporary mobile home, trailer, recreational vehicle or other temporary dwelling structures or parks in any zoning district, even though not otherwise permitted by zoning regulations, while the primary dwelling is being repaired, provided that such temporary dwellings or parks are designed by an engineer and the plans are approved by the county health department and City of Smyrna Community Development. The temporary permit shall not exceed six months in duration. In the case of a continuing hardship, and in the discretion of the city council or its designee, the permit may be extended for a period of up to an additional six months. Upon expiration of the temporary permit and/or extension, the temporary dwelling must be removed. 30-32.5. Intentionally left blank. 30-32.6. Registration and permitting for repair services. (a) Before building, constructing, repairing, renovating or making improvements to any real property, including; dwellings, homes, buildings, structures or fixtures within an area in the city designated in a declared emergency or disaster, any person, firm, partnership, corporation or other entity must register with the city and secure a building permit that is posted at the work site. Each day any such entity does business in the city without complying with this section 30-32 constitutes a separate offense. (b) The cost of the emergency building permit shall be equal to the cost for a building permit under existing regulations. The permit shall only be authorized for repairs. (c) When registering and seeking a building permit, any person, partnership, corporation or other entity making application for such permit must, under oath, complete an application, providing the following information: (1) Name of applicant; (2) Name of business and applicable state license(s); (3) Permanent address and phone number of applicant and/or temporary local address and 24-hour contact number; (4) Applicant's Social Security number or federal employer identification number; (5) If applicant is a corporation, the state and date of incorporation; (6) Tag registration information for each vehicle to be used in the business; (7) List of cities where the applicant has conducted business within the past 12 months; (8) Georgia sales tax number or authorization, if required; (9) Georgia business license number, if required. (d) Failure to submit the required information shall result in a denial of the permit. (e) The applicant shall be ineligible for a building permit and the application for the permit shall be denied if any of the following exist: (1) The applicant does not have all required licenses authorizing the applicant to conduct the business for which the application is sought. (2) The applicant or any principal, partner,or officer of the applicant, has been convicted or sentenced under first offender status for any felony or for a misdemeanor involving moral turpitude, within a five-year period preceeding the date of the application. If there has been an arrest and charges are pending, action on the permit shall be postponed until the charges are adjudicated. (3) The applicant or any principal, partner or officer of the applicant has been convicted of overcharging. If there has been an arrest and charges are pending, action on the permit shall be postponed until the charges are adjudicated. (f) Effective date. This section shall become effective only upon the signing of a declaration of emergency, stating this section is in effect. (g) Appeal. The applicant may appeal a denial of a permit to the license and variance board under the procedures set forth in this Code. 30-32.7. Closed or restricted areas and curfews during emergency. (a) To preserve, protect or sustain the life, health, welfare or safety of persons, or their property, within a designated area under a declaration of emergency, it shall be unlawful for any person to travel, loiter, wander or stroll in or upon the public streets, highways, roads, lanes, parks or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any other place during a declared emergency between hours specified by the mayor until the curfew is lifted. (b) To promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during an emergency, the mayor shall have discretion to impose reentry restrictions on certain areas. The mayor shall exercise such discretion in accordance with the city local emergency operations plan, which shall be followed during declared state of emergencies. (c) The provisions of this section shall not apply to persons acting in the following capacities: (1) Authorized law enforcement personnel; (2) Authorized health care providers; (3) Authorized personnel of the city; (4) Authorized National Guard or federal military personnel; (5) Authorized firefighters; (6) Authorized emergency response personnel; (7) Authorized personnel or volunteers working with or through the city emergency management department; (8) Authorized utility repair crews; (9) Citizens seeking to restore order to their homes or businesses while on their own property or place of business; (10) Other authorized and essential persons as designated on a list compiled by city emergency management department, the mayor and council, and/or the chief of police of the city. (e) Effective date. This section shall become effective only upon the signing of a declaration of emergency, stating this section is in effect. (Ord. No. 2009-13, 10-5-09) Editors Note: An amendment is requested to amend § 30-32 in its entirety to read as herein set out. Ord. No. 2009-13, adopted Oct. 5, 2009 repealed and replaced § 30-32 in its entirety. Former § 30-32 pertained to the same subject matter and derived from a resolution adopted Apr. 17, 1995 and § 7-6 of the 1977 Code. State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-1 et seq.; emergency medical services, O.C.G.A. § 31-11-1 et seq. Sec. 30-33. Volunteers. All persons, other than officers and employees of the city, performing emergency functions pursuant to this article, shall serve with or without compensation. While engaged in such emergency functions, duly assigned volunteers shall have the same immunities as city officers and employees. (Code 1977, § 7-7) Sec. 30-34. Nongovernmental involvement in emergency management functions. All organizations, associations, groups, teams or individuals, whether or not they are holders of a charter issued by the state or officers thereof, which have not been licensed by the department of human resources as an ambulance service, shall be prohibited from performing any rescue or other emergency management type activity until the organization, association, group, team or individual has been authorized to perform such services in the city by the city emergency management director. This shall not be construed to prohibit American Red Cross disaster units or first aid mobile units from providing those services as specified in the charter of the American Red Cross and the standing operating procedures of the disaster units and first aid mobile units, nor shall it prohibit an individual from rendering emergency first aid at the scene of an emergency until relieved by emergency management personnel. (Code 1977, § 7-8) Sec. 30-35. Identification as emergency management member. No organization, association, group, team or individual shall identify itself, in fact or implied, as part of the city emergency management organization unless the organization, association, group, team or individual is currently registered and authorized by the emergency management director. (Code 1977, § 7-9) Sec. 30-36. Vehicle warning lights. Green flashing or revolving lights on vehicles are to be used by public safety personnel to indicate the operating command post. Motor vehicles licensed for use on public roads, unless operated by a fire, police, ambulance or emergency management agency of the city or state and intended to become a command post, shall not be equipped with flashing or revolving green lights. (Code 1977, § 7-11)