Chapter 2.28
CIVIL DEFENSE AND EMERGENCY PREPAREDNESS1
Sections:
2.28.011 Intent and purpose.
2.28.021 Definitions.
2.28.031 Succession to office of mayor.
2.28.041 The mayor and disasters.
2.28.051 Violations and penalties.
2.28.061 Department of emergency operations.
2.28.071 Duties of the department of emergency operations.
2.28.081 Financing.
2.28.091 Compensation.
2.28.101 No governmental or private liability.
2.28.111 Disaster prevention.
2.28.121 Limitations.
2.28.131 Conflicting orders, rules, ordinances and regulations suspended.
2.28.141 Administration.
2.28.151 Civil defense advisory board.
2.28.161 Major emergencies.
2.28.171 National Incident Management System.
2.28.011 Intent and purpose.
A. It is the intent and purpose of this chapter to provide for the complete and efficient utilization of the borough’s personnel, facilities and equipment in the event of natural or manmade disasters and disaster resulting from enemy actions, and to provide for the coordination of disaster and civil defense functions of the borough with all 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 civil defense and other disaster operations; it will be the instrument through which the borough mayor may exercise the authority and discharge the responsibilities vested in him by AS 26.20 (Civil Defense) and AS 26.23 (Alaska Disaster Act) and this chapter.
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. (Amended during 2004 republication; Ord. 89-002 § 3, 1989; Ord. 86-017 § 20, 1986; Ord. 80-5 § 2, 1980)
2.28.021 Definitions.
In this chapter the following definitions apply:
“Attack” means a direct or indirect assault against the borough, its government, its environs, or of the nation by forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare, or sabotage.
“Civil defense,” in its broad meaning, is to carry out the basic governmental functions of maintaining the public peace, health and safety during a civil emergency, including plans and preparations for protection from, and relief, recovery and rehabilitation from, the effects of an attack on the borough by the force of an enemy nation or the agents thereof, and also including such activity in connection with a civil emergency as defined in this section. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
“Civil defense forces” means the employees, equipment and facilities of all borough and municipal departments, boards, institutions and commissions; and, in addition, it shall include all volunteer personnel, equipment and facilities constituted by, or obtained from, volunteer persons or agencies.
“Civil defense volunteer” means any person duly registered, identified and appointed by the emergency manager and assigned to participate in the civil defense activity.
“Civil disorder” means a public disturbance involving:
1. An act or acts of violence by one or more persons part of an assemblage of four or more persons which act or acts constitute a clear and present danger of or result in damage or injury to the property of any other person or to the person of any other individual; or
2. A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of four or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
“Civil emergency” means:
1. A civil disorder;
2. A disaster or manmade calamity.
“Curfew” means a prohibition against any person walking, running, loitering, standing or operating a vehicle upon any public property, alley, sidewalk, thoroughfare, vehicle parking area or vacant premises within the borough, except as required for persons officially designated to duty with reference to the civil emergency.
“Disaster” includes but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, earthquake, epidemic or other impending or actual calamity endangering or threatening to endanger health, life, property or constituted government.
“Intoxicating liquor” means whiskey, brandy, rum, gin, wine, ale, porter, beer and all other spirituous, vinous, malt and other fermented or distilled liquors intended or used for human consumption and containing more than one percent alcohol by volume.
“Major emergency” means a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action, and which, if left unaddressed, could reasonably be expected to become a disaster. It is not a situation or occurrence which is within the capacity of those agencies charged with or having the responsibility for meeting emergencies within the area of the situation or occurrence.
“Political subdivision” means the cities of Fairbanks and North Pole and the Fairbanks North Star Borough.
“Regulations” shall include plans, programs and other emergency procedures deemed essential to civil defense.
“Volunteer” means a person contributing a service, equipment or facilities to the civil defense organization without remuneration. (Ord. 89-002 § 4, 1989; Ord. 86-017 § 21, 1986; Ord. 84-78 § 2, 1984; Ord. 80-5 § 2, 1980)
2.28.031 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 2.04.050. (Ord. 86-017 § 22, 1986)
2.28.041 The mayor and disasters.
A. The mayor is responsible for meeting the dangers presented by disasters to the borough and its people.
B. The mayor may issue orders, proclamations and regulations necessary to carry out the purpose of this chapter, and amend or rescind them. These orders, proclamations and regulations have the force of law.
C. An order, proclamation or regulation issued under this chapter shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless prevented or impeded by circumstances attendant upon the disaster, a copy will be filed with the borough clerk and any city clerks within the jurisdiction.
D. 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 or threatened. 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 sent to the Alaska Division of Emergency Services for their information.
E. A proclamation of a disaster emergency activates the disaster response and recovery aspects of the borough, local and interjurisdictional disaster emergency plans and constitutes authority for the deployment and use of any civil defense forces to which the plan or plans apply and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available under this chapter or any other provision of law relating to disaster emergency response.
F. During the effective period of a disaster emergency, the mayor is the director of all civil defense and other unorganized forces available for emergency duty. The mayor may delegate or assign direction authority by appropriate orders or regulations.
G. 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 and each political subdivision within the borough 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. Subject to any applicable requirements for compensation under FNSBC 2.28.091, commandeer or utilize any private property, except for all news media other than as specifically provided for in this chapter, if he considers them necessary to cope with the disaster emergency;
5. Direct and compel the relocation of all or part of the population from any stricken or threatened area in the borough, if he considers relocation necessary for the preservation of life or for other disaster mitigation purpose;
6. Prescribe routes, modes of transportation and destinations in connection with necessary relocation;
7. Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it;
8. Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, ammunition, explosives and combustibles;
9. Make provisions for the availability and use of temporary emergency housing;
10. Impose a curfew upon all or any portion of the borough thereby requiring all persons in such designated and restricted curfew areas to remove themselves from public property, streets, alleys, sidewalks, thoroughfares, vehicle parking areas or other public places except that physicians, nurses and paramedical personnel performing essential medical services, utility personnel maintaining essential public services, firemen, members of the news media upon showing of authorized press cards, civil defense volunteers and borough, city and state authorized law enforcement officers and personnel may be exempted from such curfew. The curfew may be applicable to any such hours of the day or night as the mayor deems necessary in the interests of public safety and welfare; and
11. Allocate, ration or redistribute food, water, fuel, clothing and other items he deems necessary.
H. 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.
I. The mayor shall order civil defense forces to the aid of other communities when required in accordance with the statutes of the state, and he may request the state or a political subdivision of the state to send aid to the Fairbanks North Star Borough in case of disaster when conditions in the borough are beyond the control of local civil defense forces. (Ord. 2004-30 § 2, 2004; Ord. 80-5 § 2, 1980)
2.28.051 Violations and penalties.
It shall be a misdemeanor, punishable by a fine not to exceed the sum of $500.00 or by imprisonment for a term not to exceed 30 days or both, for any person during a proclaimed disaster emergency to wilfully:
A. Obstruct, hinder or delay any accredited member of the disaster and civil defense organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such 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 the 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 Fairbanks North Star Borough department of community safety or the Alaska Division of the Emergency Services. (Ord. 86-017 § 23, 1986; Ord. 80-5 § 2, 1980)
2.28.061 Department of emergency operations.
A. The department of emergency operations shall possess the powers and duties set out in FNSBC 2.28.071, and such other powers and duties as may be granted by law or assigned by the mayor.
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 danger from enemy action or disaster as defined in this chapter. The director shall direct and administer the division of emergency management.
C. The department of emergency operations will function as the interjurisdictional disaster agency for all political subdivisions within the Fairbanks North Star Borough as described in AS 26.23. (Amended during 2004 republication; Ord. 89-002 § 5, 1989; Ord. 86-017 § 24, 1986; Ord. 80-5 § 2, 1980)
2.28.071 Duties of the department of emergency operations.
A. The director shall be responsible to the mayor with regard to all phases of the civil defense activity in the borough. Under the supervision of the mayor, he 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. The plan shall include provisions for:
1. Prevention and minimization of injury and damage caused by disasters;
2. Prompt and effective response to disasters;
3. Emergency relief;
4. Recommendations for zoning, building and other land use controls, safety measures for securing mobile homes and other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate, reduce or mitigate disasters or their impact;
5. Assistance to local agencies in designing local emergency action plans and standard operating procedures;
6. Authorization and procedures for the construction of temporary works designed to protect against or mitigate danger, damage or loss from disaster;
7. Preparation and distribution to the appropriate local officials of catalogs or extracts listing federal, state, local and private assistance programs;
8. Organization of manpower and chains of command;
9. Coordination of federal, state and local disaster activities within the borough;
10. Coordination of the borough emergency plan with the disaster plans of the state government; and
11. Other matters necessary to carry out the purposes of this chapter.
C. In preparing and maintaining the borough emergency plan, the department of emergency operations shall seek the advice and assistance of government, business, labor, agriculture, civic and volunteer organizations, community leaders and the public.
D. The borough emergency plan or any part of it may be incorporated in regulations or orders of the department of emergency operations.
E. 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.
F. 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 civil defense 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, safety and welfare;
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 civil defense 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 enemy attack, or disaster, as defined in this chapter, either impending or present;
5. Conduct public practice alerts and training to ensure the efficient operation of civil defense forces and to familiarize residents with civil defense procedures, regulations and operations;
6. Coordinate the activity of all other public and private agencies engaged in any civil defense activity;
7. Determine requirements of the borough and its political subdivisions for food, clothing and other necessities in the event of a disaster emergency;
8. Procure and pre-position supplies, medicines, materials and equipment;
9. Adopt standards and requirements for local disaster plans and standing operating procedures;
10. Provide for mobile support units;
11. Determine requirements and standards for local disaster communications;
12. Make surveys of industries, resources and facilities in the borough, both public and private, as are necessary to carry out the purposes of this chapter;
13. Establish a register of persons with types of training and skills important in disaster prevention, preparedness, response and recovery;
14. Establish a resource manual of mobile and construction equipment, temporary housing and other resources available for use in a disaster emergency;
15. Prepare, for issuance by the mayor, orders, proclamations and regulations as necessary or appropriate in coping with disasters;
16. 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
17. 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. (Amended during 2004 republication; amended during 1993 republication; Ord. 89-002 § 6, 1989; Ord. 86-017 § 25, 1986; Ord. 80-5 § 2, 1980)
2.28.081 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 to local agencies. 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 or, in situations involving natural or manmade disasters, borrow from the state or federal government or other public or private sources for a term not to exceed two years.
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 prevention, preparedness, response or recovery.
D. Any person whose actions or failure to act causes or contributes to, in whole or in part, the effect of a disaster or major emergency shall reimburse the Fairbanks North Star Borough for all expenses incurred by the borough for mitigating such disaster or major emergency. (Ord. 89-002 § 7, 1989; Ord. 80-5 § 2, 1980)
2.28.091 Compensation.
A. No personal services may be compensated by the borough or any political subdivision or agency of it, except in accordance with Alaska law or local ordinance.
B. Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency, and its use or destruction was ordered by the mayor or by a member of the disaster emergency forces of this borough who is authorized by the department of community safety to issue such an order.
C. Any person claiming compensation for the use, damage, loss or destruction of property occasioned by action taken under this chapter shall file a claim for that compensation with the Fairbanks North Star Borough division of emergency management department of direct services in the form and manner required by the borough.
D. Unless the amount of compensation resulting from property damaged, lost or destroyed is agreed upon in writing between the claimant and the department of emergency operations, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property under the condemnation laws of the state.
E. The borough shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of the borough or the representatives of deceased members of those forces in the event those members sustain injuries or are killed while rendering aid under this chapter; provided, those members are not already covered by a comparable form of insurance or health benefits plan. (Amended during 2004 republication; amended during 1993 republication; Ord. 89-002 § 8, 1989; Ord. 86-017 § 26, 1986; Ord. 80-5 § 2, 1980)
2.28.101 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 or enemy attack 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. 80-5 § 2, 1980)
2.28.111 Disaster prevention.
A. In addition to the disaster prevention 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. At his direction, and under any other authority and competence they have, borough departments, including but not limited to those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning and construction standards shall make studies of disaster prevention related matters. The mayor, from time to time, shall make such recommendations to the assembly and other appropriate public and private entities as may facilitate measures for the prevention or reduction of the harmful consequences of disasters.
B. Appropriate departments, in conjunction with the department of emergency operations, shall keep land uses and location of other structures and facilities under continuing study, and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences of it.
C. If the department of emergency operations believes, on the basis of the studies or other competent evidence and after consultation with the appropriate local planning agencies, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the mayor. (Amended during 2004 republication; Ord. 89-002 § 9, 1989; Ord. 86-017 § 27, 1986; Ord. 80-5 § 2, 1980)
2.28.121 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 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; but local disaster emergency plans shall place reliance upon the civil defense forces available for performance of functions related to disaster emergencies; or
D. Limits, modifies or abridges the authority of the mayor to proclaim martial law, or exercise any other powers vested in him by law independent of, or in conjunction with, any provision of this chapter. (Ord. 80-5 § 2, 1980)
2.28.131 Conflicting orders, rules, ordinances and regulations suspended.
At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (Ord. 80-5 § 2, 1980)
2.28.141 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. (Amended during 2004 republication; Ord. 80-5 § 2, 1980)
2.28.151 Civil defense advisory board.
The mayor may establish and appoint members to a civil defense advisory board. This board will provide advice and assistance in the establishment of a viable disaster preparedness program within the borough. Membership of the board will include the mayor, or his designated representative, the director of emergency operations, a member of the borough assembly and members selected from each political subdivision in the borough, the business community and the general public. (Amended during 2004 republication; Ord. 89-002 § 10, 1989; Ord. 80-5 § 2, 1980)
2.28.161 Major emergencies.
In the event of a major 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 resource of the borough to mitigate the actual or potential effects of such emergency. Chief officers of emergency response agencies will determine availability of equipment and manpower and will reserve sufficient resources within the agency’s response area to provide minimum protection for that area. Funds appropriated for emergency response may be used to reimburse costs to public or private agencies whose services are utilized. Where appropriate, the costs of such response will be recovered from the person or persons responsible for the major emergency. Emergency response agencies shall file with the mayor on October 1st of each year a current list of all personnel and equipment and an estimate of the amount of each required to provide the minimum protection for their response area. (Ord. 84-78 § 3, 1984)
2.28.171 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. 2005-80 § 2, 2005)
For statutory provisions regarding civil defense, see AS 26.20.