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HomeMy WebLinkAboutORD4321 ORDINANCE NO. 432 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2 MAYOR AND COUNCIL,BY ADDING ARTICLE 2-16 EMERGENCY POWERS AND AUTHORITY;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITYDF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Chapter 2 MAYOR AND COUNCIL,be amended by adding Article 2-16 EMERGENCY POWERS AND AUTHORITY,to read as follows; ARTICLE 2-16 Section Section Section Section Section Section Section 2-16-1 2-16-1 2-16-2 2-16-3 2-16-4 2-16-5 2-16-6 EMERGENCY POWERS AND AUTHORITY Definitions Powers Duties of the City Manager Enforcement Immunity Conditions of Enactment Definitions In this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise; A."Emergency Functions" include warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transporta- tion, welfare, engineering, search, rescue, health, law enforcement, fire fighting, and other activities necessary or incidental thereto. B."Emergency Services" means the preplanning necessary to carry out emergency functions, other than functions for which military force of federal agencies are primarily responsible to prevent or minimize the loss of lives or property caused by disasters of every kind. C."Local Emergency" means the existence of condition of disaster or of extreme peril to the safety of persons or property within the territorial limits of the City of Apache Junction which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City as determined by the City of Apache Junction City Council and which require the combined efforts of other political subdivisions. D."State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to.the safety of persons or property within the State caused by air pollution, fire, flood, or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the State and the political subdivision. Ordinance No. 432 Page One of Five E."State of War Emergency" means the condition which exists immediately whenever this nation is attacked or upon receipt by this State of warning from the federal government indicating that such an attack is imminent. F."Private Sector" means all industry, commerce, business or banking; all services other than those provided by the government; and all persons other than those in governmental agencies at any level. Section 2-16-2 Powers A.The City of Apache Junction City Council, pursuant to the pro- visions of A.R.S. Section 26-307, has the power to make, amend and rescind orders, rules and regulations necessary for emergency functions and regulations but such shall not be inconsistent with orders, rules and regulations promulgated by the governor of this State.Such orders, rules or regulations shall be effective when a copy is filed in the Office of the City Clerk of the City of Apache Junction, County of Pinal.Existing resolutions, rules and regulations in conflict with A.R.S. Section 26-301, et. seq. and hereafter amended, are suspended during the time of emergency and to the extent that they may conflict. B.Pursuant to A.R.S. Section 26-307C. as amended, a state of war emergency, the City of Apache Junction City Council may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials, and facilities and appropri- ating and expending public funds when the City of Apache Junction City Council determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. C.In the absence of specific authority in State emergency plans and programs, the City of Apache Junction City Council will take emergency measures as deemed necessary to carry out the provision of A.R.S. Section 26-301 et. seq., and as hereafter amended. D.This Ordinance, upon its adoption, constitutes authority, pursuant to the provisions of A.R.S. Section 26-311, for the Mayor of the City of Apache Junction to declare an emergency and, during such emergency, to govern by proclamation and to impose all necessary regulations to preserve the peace and order of the City of Apache Junction including, but not limited to: 1.Imposition of curfews in all, or portions of, the City of Apache Junction. 2.Ordering the closing of any business. 3.Closing to public any public building, street, or other public place. 4.Calling upon regular or auxiliary law enforcement agencies and organizations within or without the County of Pinal for assistance. Ordinance No. 432 Page Two of Five In periods of local emergency, including an emergency declared by the Mayor of the City of Apache Junction, pursuant to A.R.S. Section 26-311(A), the City of Apache Junction has full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefore. Section 2-16-3 Duties of the City Manager The City Manager of the City of Apache Junction, subject to the direction and control ofthe City of Apache Junction City Council, shall be responsible for the organization, administration and operation of the City of Apache Junction Emergency Services.In accordance with the provision of A.R.S. Section 26-312, the City Manager may, on behalf of the City accept for purposes of emergency services an offer of the federal government or an agency thereof, or an offer of any person, firm, or corporation of services, equipment, supplies, material, or funds, whether by gift, grant, or loan. There is hereby granted to the City Manager the authority: A.During non -emergency periods: 1.To coordinate City of Apache Junction emergency service plans, procedures, programs, and other emergency services activities with federal agencies, State of Arizona, adjoining county agencies, political subdivisions and municipalities of the State and with the private sector. 2.To ensure compliance with the provisions of A.R.S. Section 26-301, et.seq. 3.To ensure conformance with State emergency plans and pro- cedures. 4.To achieve adequate operational readiness, adequacy of training programs and proper utilization of emergency equipment and supplies. 5.To make such studies and surveys of the private sector as may be necessary to ascertain the capabilities of the City of Apache Junction for emergency services, and to plan for the most efficient use thereof. 6.To recommend to the Mayor, City of Apache Junction, for delegation to the various departments and agencies of the City of Apache Junction, appropriate emergency services responsibilities; and to coordinate the emergency activities of all such departments and agencies. B.During declared emergencies: 1.To coordinate the emergency activities of all City of Apache Junction departments and agencies. 2.To coordinate the emergency activities of City of Apache Junction with federal agencies, State of Arizona, adjoining county agencies, political subdivisions and municipalities of the State, and with the private sector, to achieve the most effective use of personnel, equipment, services, facili- ties, and other existing available resources. Ordinance No. 432 Page Three of Five 3.To utilize the srevices, resources and facilities of existing departments and agencies ofCity government; and, when neces- sary to create new agencies or call upon the private sector to perform emergency tasks and functions unavailable in departments and agencies of the City. Section 2-16-4 Enforcement The law enforcement authorities of the City of Apache Junction shall enforce all orders, rules, and regulations issued pursuant to this Ordinance. Section 2-16-5 Immunity The City of Apache Junction, its officers, agents, employees, and volunteers duly enrolled or registered with the City of Apache Junction Emergency Srevices, and unregistered persons placed into service during a state of war emergency, are immune from liability as provided in A.R.S. Section 26-314. Section 2-16-6 Conditions of Enactment This Emergency Plan, as adopted by the City Council of the City of Apache Junction, Arizona, will be the immediate basis for the conduct and coordination of emergency operations in the City of Apache Junction under the following disaster conditions. 1.Upon declaration of a State of War by the President of the United States; or 2.When the Governor of the State ofArizona has proclaimed a State of Emergency in an area including this city; or 3.Upon the order of the mayor or his authorized representative, of the City of Apache Junction, provided that the existance or threatened existance of a local emergency has been duly proclaimed in accordance with the provisions of the Emergency Services of this city. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, sub -section, sentence, phrase, clause, or protion of this Oridnance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining protions thereof. SECTION IV EMERGENCY CLAUSE Whereas, the immediate operation of the provisions of this ordinance is necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this ordinance shall be in full force from and after its passage by the council. Ordinance No. 432 Page Four of Five PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF OCTOBER 1985. ATTEST: KATHLEEN CONNELLY d(City Clerk APPROVED AS TO FORM: AVI City 4torney ANDER Ordinance No. 432 Page Five of Five NORMAN S. HILL Mayor