For the purpose of this ordinance, certain words and terms used herein are defined as follows:
Coordinator: Shall mean a person appointed to coordinate emergency planning and services within the Village of Beverly Hills or as prescribed in this ordinance. In the absence of an appointed person, "Coordinator" shall mean the Manager.
Disaster: Means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, snow, ice or wind storm, wave action, oil spills, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, epidemic, air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. Riots and other civil disorders are not within the meaning of this term unless they directly result from and are an aggravating element of the disaster.
District Coordinator: Means the State Police District Emergency Services Coordinator or his authorized representative.
Emergency Operations Plan: Means the Village of Beverly Hills Emergency Operations Plan which has been prepared under Section 9.60 (b) (1.) of this ordinance to coordinate disaster response and recovery within the Village of Beverly Hills.
Emergency Services: Shall have a broad meaning to include preparations for, and relief from, the effects of natural and man-made disasters as defined herein, and to include Civil Defense.
Emergency Services Forces: Means all disaster relief forces; all agencies of the municipal government, private and volunteer personnel, public officers and employees; and all other persons or groups of persons having duties or responsibilities under this ordinance or pursuant to a lawful order or directive authorized by this ordinance.
Emergency Services Volunteer: Shall mean any person duly registered and appointed by the Coordinator and assigned to participate in the Emergency Services activity.
Emergency Situation: Means any situation confronting a community requiring emergency actions of a lesser nature than a disaster, as defined above, to include, but not limited to, civil disturbances, labor strikes, visits by national or international dignitaries, and build-up activities prior to an actual disaster.
Manager: Shall mean the Chief official of the Village of Beverly Hills; and the "Council" shall mean the Village Council of the Village of Beverly Hills.
State of Disaster: Means a declaration by executive order or proclamation by the Governor under the provisions of Act 390 Public Acts of 1976, which activates the disaster response and recovery aspects of state, local and interjurisdictional disaster emergency plans and authorizes the deployment and use of any forces to which the plan or plans apply.
State of Emergency: Means a declaration by the Manger pursuant to this ordinance which activates the disaster response and recovery aspects of the Village of Beverly Hills Emergency Operations Plan and authorizes the deployment and use of any municipal forces to which the plan applies.
This Ordinance means this chapter of the Beverly Hills Municipal Code.
9.20 INTENT AND PURPOSE
(a) The intent and purpose of this ordinance is to establish an organization that will insure the complete and efficient utilization of all municipal resources during periods of emergency and disaster.
(b) The Village of Beverly Hills Office of Emergency Services will be the coordinating agency responsible for Village wide emergency preparedness; it will provide the means through which the Village Council and the Manager may exercise the authority and discharge the responsibilities vested in them by this ordinance and Act No. 390, Public Acts of 1976.
(c) This ordinance will not relieve any elected officials or municipal departments of the normal responsibilities or authority given by general law or local ordinance, nor will it affect the work of the American Red Cross or other volunteer agencies organized for relief in a natural disaster.
9.30 ORGANIZATION FOR EMERGENCY SERVICES
(a) The Manager, with the approval of the Council, is hereby authorized and directed to create an organization to prepare for community disaster utilizing to the fullest extent existing agencies within the municipality. The Manager, as executive head of the Village government, shall be the director of the Emergency Services Forces of the Village and shall be responsible for their organization, administration and operation, working through the Coordinator.
(b) The organization for providing emergency services shall consist of the following:
1. An Office of Emergency Services established within Village government. The Office of Emergency Services shall have an administrative head appointed who will be known as the Coordinator, Office of Emergency Services. Such assistants and other employees as are deemed necessary for the proper functioning of the organization will be employed.
2. The employees, equipment and facilities of all municipal departments, boards, institutions and commissions suitable for, or adaptable to emergency services activities may be designated as part of the total Emergency Services Forces. Such designations shall be by the Manager with the approval of the Council.
(c) All officers and employees of departments, commissions, boards, institutions and other agencies of the Village government designated by the Manager, with the approval of the Council, as Emergency Services Forces shall cooperate with the Emergency Services Coordinator in the formulation of the Emergency Operations Plan, and they shall assist the Coordinator in all matters pursuant to the provisions of this ordinance.
9.40 EMERGENCY SERVICES COORDINATOR; ASSISTANTS
(a) The Manager, with the approval of the Council, shall appoint an Emergency Services Coordinator who shall be a person with the personal attributes, experience, and training needed to coordinate the activities of the agencies, departments, and individuals within the Village to protect the public health, safety and welfare during emergency situations and disasters.
(b) Assistant Coordinators shall be designated to work with the Coordinator on emergency planning matters. Assistant Coordinators shall be selected and shall serve as follows:
1. There shall be one such Assistant Coordinator appointed from each Village department designated by the department head, with the approval of the Manager, as part of the Emergency Services Forces.
2. Assistant Coordinators shall assume the duties of the Coordinator whenever he is unavailable during disasters or emergency situations in the order of designation by the Manager, acting upon the recommendation of the Coordinator.
9.50 MANAGER; POWERS; DUTIES
(a) The Manager may exercise the emergency power and authority as specified herein. Whenever a situation requires, or is likely to require, that the Manager invoke such power and authority, he shall, as soon as reasonable expedient, convene the Council to perform its legislative and administrative duties as the situation demands, and shall report to that body relative to emergency activities. Nothing in this ordinance shall be construed as abridging or curtailing the powers of the Council unless specifically provided herein.
(b) Under the following circumstances, the Manager may declare a state of emergency exists in the Village of Beverly Hills and may assemble and utilize the Emergency Services Forces in accordance with the Village of Beverly Hills emergency Operations Plan, and he may prescribe the manner and conditions of the use of such Emergency Services Forces:
1. Whenever, on the basis of information received from authoritative sources, he feels that a large-scale disaster or emergency situation in the Village or State is imminent.
2. During any period of disaster in the Village or State and thereafter as long as he shall deem it necessary.
(c) Whenever the Manager deems that any condition in the Village is beyond the control of local public or private agencies or has attained or threatens to attain the proportions of a major disaster, he may request the Governor to declare a state of disaster exists therein by instructing the Coordinator to contact the District Coordinator in accordance with Section 14, Act 390, Public Acts of 1976.
(d) The Manager, with the approval of the Council, is hereby empowered and has the authority:
1. To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for disaster purposes.
2. To provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster.
3. To assign and make equipment available for duty, the employees, property, or equipment of the municipality relating to fire fighting, engineering, rescue, health, medical, and related services, police, transportation, construction, and similar items or service for disaster relief purposes within or without the physical limits of the municipality.
4. In the event of a foreign attack upon this State, to waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment permanent and temporary workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials, and facilities, and the appropriation and expenditure of public funds.
5. The Manager shall establish procedures for the succession of government during emergencies where officials are unavailable for exercising the powers and discharging the duties of their respective offices.
6. The Manager may make regulations permitting the Coordinator to assemble and utilize the Emergency Services Forces and provide disaster relief aid as prescribed in Sections 9.50 (b), (c), and (d) above.
7. When obtaining formal approvals would result in delay of relief activity, the Manager may, until the Council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities and expenditure of existing funds, and the Council is also empowered to waive any such procedures and formalities.
8. In the event the Manager cannot be contacted for execution of the Powers and Duties under this Section, the Director of Public Safety shall have the authority to execute the powers and perform the duties until the Manager is available.
9.60 EMERGENCY SERVICES COORDINATOR; POWERS; DUTIES
(a) The Emergency Services Coordinator shall be responsible for the administration, planning, coordination and operation of all emergency preparedness activities in the Village. He shall maintain liaison with county, state, and federal authorities, and the authorities of adjacent and nearby political subdivisions so as to insure the most effective emergency operations.
(b) His duties shall include, but not be limited to, the following:
1. Development of the Village of Beverly Hills Emergency Operations Plan, and any other appropriate disaster plans, for the immediate use of all the facilities, equipment, manpower, and other resources of the Village for the purpose of minimizing or preventing damage to persons or property; and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety, and general welfare.
2. Coordinating the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the Village for emergency purposes.
3. Through public information programs, educating the population as to actions necessary and required for the protection of persons and property in case of a disaster.
4. Conducting practice alerts and exercises to insure the efficient operation of the Village's emergency organization and to familiarize residents of the Village with emergency regulations, procedures, and operations.
5. Coordinating the activity of all other public and private agencies engaged in any emergency or disaster relief programs.
6. Negotiating with owners or persons in control of buildings or other property for the use of such buildings or property for emergency or disaster relief purposes, and designating suitable buildings as public shelters.
7. Establishing and maintaining administrative control over a local radiological defense program, to include emergency preparations for both peacetime radiation incidents and international wartime disasters.
8. Coordinating municipal emergency preparedness activities with those at the County level and adjacent municipalities.
(c) Volunteers; Appointments; Records.
1. The Coordinator may enlist volunteer citizens to form the personnel of an emergency service for which the Village has no counterpart, or to temporarily augment personnel of the Village engaged in emergency activities. The Coordinator shall maintain formal records of all such volunteers for workman's compensation purposes.
2. Each department, commission, board, or other agency of Village government may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of such Village department, commission, board or agency in time of emergency. Such individuals shall be enrolled as Emergency Services Volunteers and shall be subject to the rules and regulations set forth by the respective department, commission, board, or agency head for such volunteers.
9.70 RIGHTS OF VILLAGE EMPLOYEES
Village employees assigned to duty as part of the Emergency Services Forces pursuant to the provisions of this ordinance shall retain all of the rights, privileges, and immunities of Village employees, and shall receive the compensation incident to their employment.
9.80 NO GOVERNMENTAL OR PRIVATE LIABILITY
(a) This ordinance is an exercise by the Village of its governmental functions for the protection of the public health, safety, and general welfare. As such, neither the Village nor agents and representatives of the Village, nor any individual, receiver, firm, partnership, corporation, nor trustee, nor any of the agents thereof acting in good faith carrying out, complying with, or attempting to comply with this ordinance shall be liable for any damage sustained to persons or property as a result of said activity.
(b) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the Village the right to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during a disaster or during an authorized practice disaster exercise, shall not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person.
9.90 CONFLICTING ORDINANCES, ORDERS RULES AND REGULATIONS SUSPENDED
At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all other existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.
It shall be unlawful for any person willfully to obstruct, hinder or delay any Emergency Services Forces in the enforcement or accomplishment of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or other means of identification as a member of the Emergency Services Forces of the Village of Beverly Hills unless authority to do so has been granted to such person by proper officials. Convictions for violations of the provisions of this ordinance shall be punishable as set forth in Section 1.06.