Chapter 2.115
EMERGENCY SERVICES

Sections:

2.115.010    Purposes.

2.115.020    Definitions.

2.115.030    Director of emergency services.

2.115.040    Duties of director.

2.115.050    Department of emergency services.

2.115.060    Unauthorized warning or all clear signals prohibited.

2.115.070    Lights during blackouts declared public nuisance.

2.115.080    Conflicting orders, rules and regulations suspended.

2.115.090    No conflict with state or federal statutes.

2.115.100    No municipal or private liability.

2.115.110    Expenses for emergency services.

2.115.010 Purposes.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the care of persons and property within the town in the event of a disaster and to provide for the coordination of the emergency services and disaster functions of the town with all other public agencies and affected private persons, corporations and organizations. (Prior code § 6-1-2)

2.115.020 Definitions.

In this chapter, unless the context otherwise requires:

“Disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity or disaster.

“Emergency services” means the preplanning and preparation necessary to carry out emergency functions, other than functions for which military forces or federal agencies are primarily responsible, to prevent or minimize the loss of lives or property caused by disasters of every kind. (Prior code § 6-1-1)

2.115.030 Director of emergency services.

The office of director of emergency services is hereby created with the director having the authority to request the mayor and common council to declare the existence of an emergency. In any event, if the Governor of the state of Arizona declares an emergency under provisions of ARS Section 35-192, as may be amended from time to time, then any emergency plans of the town shall immediately become effective, and the Huachuca City emergency services plans shall be implemented. (Prior code § 6-2-1)

2.115.040 Duties of director.

The duties and responsibility of the director of emergency services shall include the following:

A. The promotion, control and direction of the training of emergency services personnel and the public.

B. The organization, administration and the execution of all emergency services plans adopted by the town and the appointment and training of section leaders or aides.

C. The maintenance of necessary liaison with other emergency services organizations.

D. The marshaling, in the event of an emergency or disaster, of all necessary personnel, equipment or supplies available to the town.

E. The issuing of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the emergency services plan.

F. The issuance of reasonable rules and regulations which are necessary for the protection of life and property in the town.

G. The negotiation and drafting of mutual aid agreements and the execution of all those entered into by the town.

H. The procurement and supervision of all necessary supplies and equipment, including an acceptance of private contributions.

I. The recommendation of agreements for the use of private property for air raid shelters and other civil defense purposes.

J. The emergency services director shall work under the direction of and at the pleasure of the council. (Prior code § 6-2-2)

2.115.050 Department of emergency services.

The emergency services organization of the town shall be known as the “Huachuca City department of emergency services” and shall consist of all the officers and employees of the town and all volunteers. The functions and duties shall be designated by an emergency services plan adopted by the council and shall provide for the divisions and categories necessary for the operation of any and all disaster work. Insofar as possible, such an organization shall conform to the regulations and recommendations of the federal government and the state of Arizona. (Prior code § 6-3)

2.115.060 Unauthorized warning or all clear signals prohibited.

It shall be unlawful for any unauthorized person to operate a siren or other device so as to simulate a blackout signal or air raid or the termination of a blackout or air raid. (Prior code § 6-4-1)

2.115.070 Lights during blackouts declared public nuisance.

Any light displayed contrary to any rule, order or regulation promulgated pursuant to the provisions of this chapter constitutes a public nuisance and when deemed necessary in order to protect life or property during blackout or raids, the police are authorized and directed to enter upon any premises within the town using reasonable force and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this chapter. (Prior code § 6-4-2)

2.115.080 Conflicting orders, rules 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 orders, rules and regulations insofar as the latter may be inconsistent therewith. (Prior code § 6-5)

2.115.090 No conflict with state or federal statutes.

This chapter shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule or regulation. (Prior code § 6-6)

2.115.100 No municipal or private liability.

The enactment of this chapter constitutes an exercise by the town of its governmental functions for the protection of the public peace, health and safety, and neither the town, the agents and representatives of said town, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor 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 person or property as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the town a license or privilege, or otherwise permits the town 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 enemy attack shall, together with his successors in interest, if any, be not 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. (Prior code § 6-7)

2.115.110 Expenses for emergency services.

No person shall have the right to expend any public funds of the town in carrying out any emergency services activity authorized by this chapter without prior and specific approval of the council; except that the council may budget money for emergency services activities and such funds shall be spent at the direction of the director and with the approval of the council. (Prior code § 6-8)