CHAPTER 1-22
FLAGSTAFF EMERGENCY SERVICES
SECTIONS:
1-22-001-0001 DEFINITIONS:
1-22-001-0002 POWERS:
1-22-001-0003 DUTIES OF CITY MANAGER:
1-22-001-0004 ENFORCEMENT:
1-22-001-0005 IMMUNITY:
1-22-001-0006 SEVERABILITY:
1-22-001-0001 DEFINITIONS:
In this Chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:
EMERGENCY FUNCTIONS: Warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transportation, welfare, engineering, search, rescue, health, law enforcement, firefighting, and other activities necessary or incidental thereto.
EMERGENCY SERVICES: The preplanning necessary to carry out emergency functions, other than functions for which military force or Federal agencies are primarily responsible to prevent or minimize the loss of lives or property caused by disasters of every kind.
LOCAL EMERGENCY: 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 Flagstaff, 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 Flagstaff City Council and which require the combined efforts of other political subdivisions.
PRIVATE SECTOR: 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.
STATE OF EMERGENCY: 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 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.
STATE OF WAR EMERGENCY: 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.
1-22-001-0002 POWERS:
A. The City of Flagstaff City Council, pursuant to the provisions of Arizona Revised Statutes 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 Flagstaff, County of Coconino. Existing resolutions, rules and regulations in conflict with Arizona Revised Statutes 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 Arizona Revised Statutes section 26-307C. as mended, a state of war emergency, the City of Flagstaff 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 appropriating and expending public funds when the City of Flagstaff City Council determines and declares that strict compliance with such procedures and formalities may pre vent, 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 Flagstaff City Council will take emergency measures as deemed necessary to carry out the provisions of Arizona Revised Statutes section 26-301 et. seq., and as hereafter amended.
D. This Chapter, upon its adoption, constitutes authority, pursuant to the provisions of Arizona Revised Statutes section 26-311, for the Mayor of the City 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 including, but not limited to:
1. Imposition of curfews in all, or portions of, the City.
2. Ordering the closing of any business.
3. Closing to public access 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 Coconino for assistance.
In periods of local emergency, including an emergency declared by the Mayor of the City, pursuant to Arizona Revised Statutes section 26-311(A), the City has full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefor.
1-22-001-0003 DUTIES OF CITY MANAGER:
The City Manager of the City, subject to the direction and control of the City of Flagstaff City Council, shall be responsible for the organization, administration and operation of the City emergency services. In accordance with the provision of Arizona Revised Statutes 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 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 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 Arizona Revised Statutes section 26-301, et. seq.
3. To ensure conformance with State emergency plans and procedures.
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 for emergency services, and to plan for the most efficient use thereof.
6. To recommend to the Mayor, City of Flagstaff, for delegation to the departments and agencies of the City, 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 City departments and agencies.
2. To coordinate the emergency activities of City, 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, facilities, and other existing available resources.
3. To utilize the services, resources and facilities of existing departments and agencies of City government; and, when necessary to create new agencies or call upon the private sector to perform emergency tasks and functions unavailable in departments and agencies of the City.
1-22-001-0004 ENFORCEMENT:
The law enforcement of the City shall enforce all orders, rules, and regulations issued pursuant to this Chapter.
1-22-001-0005 IMMUNITY:
The City, its officers, agents, employees, and volunteers duly enrolled or registered with the City emergency services, and unregistered persons placed into service during a state of war emergency, are immune from liability as provided in Arizona Revised Statutes section 26-314.
1-22-001-0006 SEVERABILITY:
It is intended that the provisions of this Chapter are severable. If any part thereof is declared invalid for any reason, such determination shall not affect the remaining provisions thereof. (Ord. 1369, 6-4-85)