Chapter 2.16
EMERGENCY MANAGEMENT1

Sections:

2.16.010    Definitions.

2.16.020    Intent and purpose.

2.16.030    Succession to office of mayor.

2.16.040    The mayor and disasters.

2.16.050    Department of emergency operations.

2.16.060    Duties of the department of emergency operations.

2.16.070    Financing.

2.16.080    No governmental or private liability.

2.16.090    Disaster mitigation.

2.16.100    Limitations.

2.16.110    Administration.

2.16.120    Disaster emergencies.

2.16.130    National Incident Management System.

2.16.140    Interference with disaster relief personnel – Penalty.

2.16.010 Definitions.

In this chapter the following definitions apply:

Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from:

A. An incident such as storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, explosion, or riot;

B. The release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage;

C. Equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation;

D. Enemy or terrorist attack or a credible threat of imminent enemy or terrorist attack in or against the state that the adjutant general of the Department of Military and Veterans’ Affairs or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must meet the standards of AS 26.20.040(c); in this subsection, “attack” has the meaning given under AS 26.20.200; or

E. An outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health and social services or a designee of the commissioner of health and social services certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the commissioner of the designee determines is reliable.

Disaster emergency” means the condition declared by the mayor to designate the imminence or occurrence of a disaster. (Ord. 2012-35 § 2, 2012; Ord. 89-002 § 4, 1989; Ord. 86-017 § 21, 1986; Ord. 84-78 § 2, 1984; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.021.)

2.16.020 Intent and purpose.

A. It is the intent and purpose of this chapter to provide for the efficient utilization of the borough’s personnel, facilities and equipment in the event of natural or human-caused disasters and to provide for the coordination of disaster and emergency management functions of the borough with other public agencies and affected private persons, corporations and organizations.

B. The Fairbanks North Star Borough department of emergency operations will be the coordinating agency for all activity in connection with emergency management and disaster operations.

C. This chapter will not relieve any borough department of the responsibilities given to it by law, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies, except as otherwise provided by law. (Ord. 2012-35 § 2, 2012; amended during 2004 republication; Ord. 89-002 § 3, 1989; Ord. 86-017 § 20, 1986; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.011.)

2.16.030 Succession to office of mayor.

If the mayor is absent, or unable to perform the duties of the office of mayor, the succession to the office of mayor shall be determined in accordance with FNSBC 2.04.040. (Ord. 2012-35 § 2, 2012; Ord. 86-017 § 22, 1986. 2004 Code § 2.28.031.)

2.16.040 The mayor and disasters.

A. The mayor is responsible for responding to the dangers presented by disasters to the borough and its people.

B. A proclamation issued under this chapter shall be disseminated promptly by means calculated to bring its contents to the attention of the general public.

C. A condition of disaster emergency shall be declared by proclamation of the mayor if he finds that a disaster has occurred or that such an occurrence is imminent. If the borough assembly is not in session when a proclamation is issued, concurrently with the issuance of the proclamation, a special session of the assembly will be requested to ratify the actions taken under this chapter. The emergency proclaimed in accordance with the provisions of this section shall terminate after seven days from the issuance of a proclamation, or upon issuance of a proclamation or resolution of the assembly declaring that an emergency no longer exists, whichever occurs first, except that such emergency may be extended for such additional periods of time as deemed necessary by resolution of the assembly. All proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened or affected, and the conditions which have brought it about or which make possible the termination of the disaster emergency. A copy of all proclamations issued under this subsection shall, if possible, be filed promptly with the Alaska Division of Homeland Security and Emergency Management and the borough clerk.

D. A proclamation of a disaster emergency activates the disaster response and recovery aspects of the borough, local and interjurisdictional disaster emergency plans and authorizes the furnishing of aid and assistance under these plans.

E. In addition to any other powers conferred upon the mayor by law, he may, under this chapter:

1. Suspend the provisions of any regulatory ordinance prescribing procedures for the conduct of borough business, or the orders or regulations of any borough department, if compliance with the provisions of the statute, order or regulation would prevent, or substantially impede or delay, action necessary to cope with the disaster emergency;

2. Use all of the resources of the borough government as reasonably necessary to cope with the disaster emergency;

3. Transfer personnel or alter the functions of borough departments and offices or units of them for the purpose of performing or facilitating the performance of disaster emergency services;

4. Issue evacuation advisories and warnings and prescribe routes, modes of transportation and destinations in connection with any recommended evacuation and alternative traffic routes;

5. Make provisions for the availability and use of temporary emergency housing;

6. Establish perimeter of disaster area and coordinate with appropriate authorities to limit access if necessary.

F. The mayor may obtain vital supplies, equipment and other properties found lacking and needed for the protection of the health, life and property of the people, and bind the borough for the fair value thereof.

G. The mayor may enter into response agreements with local, state, federal and private agencies and participate in the Alaska intrastate mutual aid system. (Ord. 2012-35 § 2, 2012; Ord. 2004-30 § 2, 2004; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.041.)

2.16.050 Department of emergency operations.

A. The department of emergency operations shall possess the powers and duties set out in FNSBC 2.16.060, shall serve as the borough’s applicant agent for FEMA disaster assistance following a state or federal disaster and such other powers and duties as may be granted by law.

B. The director of emergency operations shall be a person trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of a disaster as defined in this chapter. The director shall direct and administer the division of emergency management. (Ord. 2012-35 § 2, 2012; amended during 2004 republication; Ord. 89-002 § 5, 1989; Ord. 86-017 § 24, 1986; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.061.)

2.16.060 Duties of the department of emergency operations.

A. The director shall be responsible to the mayor with regard to all phases of emergency management in the borough. Under the supervision of the mayor, the director shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions so as to ensure the most effective operation of the emergency preparedness plan.

B. The department of emergency operations shall prepare and maintain a borough emergency plan as required by state law.

C. The basic plan and all amendments shall be submitted to the mayor. If approved after coordination with all local jurisdictions involved, the mayor will submit the plan and its amendments to the borough assembly for their approval. The plan and any amendments will take effect 30 days from the date of submittal unless action is taken by the assembly disapproving the mayor’s submission. In the event the plan or an amendment is pending approval at the time that a disaster is proclaimed under the provisions of this chapter, the plan or amendment will be considered approved immediately and will remain effective unless specifically revoked by the assembly.

D. The department of emergency operations shall:

1. Coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the borough for disaster purposes;

2. Develop and coordinate plans for the immediate use of the facilities, equipment, manpower and other resources of the borough for the purposes of minimizing or preventing damage to persons and property, and protecting and restoring to usefulness governmental services and public utilities necessary for the public health and safety;

3. Negotiate and conclude agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for disaster purposes and designating suitable buildings as public shelters;

4. Through public informational programs, educate the public as to actions necessary and required for the protection of their persons and property in case of disaster, as defined in this chapter;

5. Conduct exercises and training to ensure efficient operation of disaster response forces;

6. Coordinate with other private and public agencies engaged in disaster response activities;

7. Determine requirements of the borough for food and other necessities in the event of a disaster emergency;

8. Procure and pre-position supplies, materials and equipment;

9. Determine requirements and standards for local disaster communications;

10. Establish a manual of resources available on a voluntary or contractual basis for use in a disaster emergency;

11. Prepare, for issuance by the mayor, orders, proclamations and regulations as necessary or appropriate in coping with disasters;

12. Develop and carry out procedures and policies to effectively employ disaster relief funds made available by the mayor’s authority or by special legislative action; these procedures shall include application and documentation by disaster victims or applicants, review, verification and funding approval, and processing of appeals; and

13. Do other things necessary or proper for the implementation of this chapter, including assuming such authority and conducting such activity as the mayor may direct to promote and execute the emergency plan. (Ord. 2012-35 § 2, 2012; amended during 2004 republication; amended during 1993 republication; Ord. 89-002 § 6, 1989; Ord. 86-017 § 25, 1986; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.071.)

2.16.070 Financing.

A. It is the intent of the assembly and the administration, and declared to be the policy of the borough, that funds to meet disaster emergencies will always be available.

B. Whenever and to the extent that money is needed to cope with a disaster, the first recourse shall be to funds regularly appropriated for that purpose. If money available from these sources is insufficient, the mayor may, notwithstanding any limitation imposed by other local ordinances, transfer or spend money appropriated for other purposes.

C. Nothing in this section limits the mayor’s authority to apply for, receive, administer and spend grants, gifts or payments from any source, to aid in disaster preparedness, mitigation, response or recovery. (Ord. 2012-35 § 2, 2012; Ord. 89-002 § 7, 1989; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.081.)

2.16.080 No governmental or private liability.

A. This chapter is an exercise by the borough of its governmental functions for the protection of the public peace, health and safety, and neither the borough nor agents and representatives of the borough, or any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of said activity.

B. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the borough the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice civil emergency shall not thereby become civilly liable for the death of, or injury to, any persons 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. (Ord. 2012-35 § 2, 2012; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.101.)

2.16.090 Disaster mitigation.

In addition to the disaster mitigation measures as included in the borough and local disaster plans, the mayor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. The mayor shall make recommendations to the assembly that facilitate measures for the prevention or reduction of the harmful consequences of disasters. (Ord. 2012-35 § 2, 2012; amended during 2004 republication; Ord. 89-002 § 9, 1989; Ord. 86-017 § 27, 1986; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.111.)

2.16.100 Limitations.

Nothing in this chapter:

A. Interferes with or allows interference with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

B. Interferes with or allows interference with dissemination of news or comment on public affairs; but any communications facility or organization (including, but not limited to, radio, television, wire services and newspapers) may be required pursuant to federal law or requested to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency, in a manner which encroaches as little as possible upon the normal functions of the news media;

C. Affects the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel of them when on active duty. (Ord. 2012-35 § 2, 2012; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.121.)

2.16.110 Administration.

This chapter shall be administered by the director of emergency operations, which is responsible to and which may receive delegations of authority from the mayor. (Ord. 2012-35 § 2, 2012; amended during 2004 republication; Ord. 80-5 § 2, 1980. 2004 Code § 2.28.141.)

2.16.120 Disaster emergencies.

In the event of a disaster emergency in the area outside of the cities of Fairbanks and North Pole, the mayor or his designee shall have the authority to direct those actions and the response of any public or contracted resource of the borough to mitigate the actual or potential effects of such emergency. (Ord. 2012-35 § 2, 2012; Ord. 84-78 § 3, 1984. 2004 Code § 2.28.161.)

2.16.130 National Incident Management System.

A. Use of National Incident Management System. The use of the National Incident Management System (NIMS) is mandated for the management of all emergency incidents within the Fairbanks North Star Borough.

B. Definition. “National Incident Management System (NIMS)” is a system and set of procedures mandated in Presidential Directive No. 5 for use in managing emergency incidents whether large or small. (Ord. 2012-35 § 2, 2012; Ord. 2005-80 § 2, 2005. 2004 Code § 2.28.171.)

2.16.140 Interference with disaster relief personnel – Penalty.

It is a violation punishable by a fine of $1,000 for any person during a disaster emergency to do the following:

A. Wilfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this title, or in the performance of any duty imposed upon him by virtue of this chapter;

B. To do any act forbidden by any lawful rule or regulation issued pursuant to this chapter. If such an act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of this borough, or to prevent, hinder, or delay the defense or protection thereof;

C. To wear, carry, or display, without authority, any means of identification specified by the Division of Homeland Security and Emergency Management. (Ord. 2016-40 § 6, 2016; Ord. 2013-65 § 18, 2013; Ord. 70-31, 1970. 2004 Code § 9.04.010.)


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    For statutory provisions regarding civil defense, see AS 26.20 and 26.23, the Alaska Disaster Act.