Chapter 11
EMERGENCY MANAGEMENT1
11-4 Organization and appointments.
11-5 Emergency powers and duties.
11-10 Political activity prohibited.
11-12 Supplementary agreements.
11-1 Authority.
This chapter shall be known and may be cited and referred to as the "Emergency Management Ordinance of the City of Burlington."
(Ord. of 10-4-86)
11-2 Intent and purpose.
(a) It is the intent and purpose of this chapter to establish an office of emergency management which will ensure the complete and efficient utilization of all of the city’s facilities to combat disasters and emergencies.
(b) The office of emergency management will be the coordinating agency for all activity in connection with emergency management; it will be the instrument through which the mayor may exercise the authority and discharge the responsibilities vested in him by the general law of this state and the Charter of the city.
(c) All plans formulated by the office of emergency management shall be in conformity to the regulations and standards established by the U.S. Department of Defense and the Federal Emergency Management Agency, including the regional offices thereof, by the State of Vermont and the Division of Emergency Management of the Department of Public Safety, and with the National Plan and the State of Vermont Operations Plan, all of which are accepted by the city for guidance in the operations and planning of said office of emergency management. It shall be one of the objectives of the office to expand and develop its operational plans, with the assistance of available state or federal funds, in accordance with the above regulations and standards.
(d) The director of emergency management will submit appropriate plans and other materials to the Division of Emergency Management of the Department of Public Safety of the State of Vermont, or any successor agency charged with similar duties and responsibilities.
(e) This chapter will not relieve any city department of the normal responsibilities or authority given to it by law or the City Charter or by ordinance.
(Ord. of 10-4-86)
11-3 Definitions.
(a) The following definitions shall apply in the interpretation of this chapter:
(1) Emergency management is to carry out the basic government functions of maintaining the public peace, health and safety during emergency conditions. This shall include plans and preparations for protection, disaster relief, recovery and rehabilitation before, during and after an emergency/disaster. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
(2) Emergency shall mean demand on local government services which exceeds or threatens to exceed its capability to respond; an unexpected and/or unusual problem confronting the community which is threatening to life or property.
(3) Disaster includes, but is not limited to, actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threatening to endanger life or property or constituted government.
(4) Emergency management forces shall mean the employees, equipment and facilities of all city departments, boards and commissions, and, in addition, it shall include all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
(5) Volunteer shall mean contributing a service, equipment or facilities to the office of emergency management without remuneration.
(6) Emergency management volunteer shall mean any person duly registered, identified and appointed by the director or deputy director of the office of emergency management and assigned to participate in emergency management activities.
(7) Regulations shall include plans, programs and other emergency procedures deemed necessary to emergency management and duly promulgated.
(8) Mitigation is a measure which could prevent or alleviate the impact of a catastrophic event before the event occurs.
(9) Preparedness includes planning, training, installing warning systems, stockpiling supplies and maintaining resource inventories.
(10) Response involves the actual search and rescue operations, debris removal, emergency housing, feeding and medical treatment.
(11) Recovery refers to the activities which contribute to the restoration and reconstruction of the community to at least predisaster/emergency conditions.
(Ord. of 10-4-86)
11-4 Organization and appointments.
(a) Authority of mayor to create office. The mayor is hereby authorized and directed to create an office of emergency management, utilizing to the fullest extent the existing agencies within the city.
(b) Authority of mayor to appoint director. The mayor is authorized to appoint a director of emergency management, such appointment to be subject to the approval of the board of aldermen.
(c) Deputy director. There shall be a deputy director of emergency management. He shall be appointed by the director with the approval of the mayor and shall perform duties as the director may prescribe and in the absence or disability of the director shall perform the duties of that office.
(d) Salary of director and deputy director; appointment of others. The director and deputy director of emergency management shall receive such salary or other assistance as may from time to time be authorized by the city council. The director, in addition and within available appropriation, may appoint such other officials or assistants as he shall from time to time deem necessary or advisable to serve without compensation other than for expenses incurred in the performance of their duties.
(e) Expenditure of funds. The director of emergency management shall have charge of the expenditures of all funds appropriated or otherwise made available for the purpose of emergency management.
(f) Participation of city boards, departments and commissions. The employees, equipment and facilities of all city departments, boards and commissions will participate in emergency management activity. Duties assigned to city departments shall be the same or similar to the normal duties of such departments.
(Ord. of 10-4-86)
11-5 Emergency powers and duties.
(a) Mayor’s emergency powers:
(1) The mayor may exercise the emergency powers and authority necessary to fulfill his general powers and duties as defined in the City Charter and the general laws of the state. The judgment of the mayor will be the criteria necessary to invoke emergency powers provided in the City Charter, the ordinances and other appropriate authorities. The board of aldermen may convene to perform its legislative and administrative powers as the situation demands, and shall receive reports relative to emergency management activities. Nothing in this chapter shall be construed as abridging or curtailing the powers or restrictions of the city council as defined in the City Charter.
(2) During any period when disaster threatens or when the city has been struck by a disaster, the mayor may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but not be limited to, the following:
a. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within or without the city.
b. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
c. Such other regulations necessary to preserve public peace, health and safety.
Regulations promulgated in accordance with the above authority will be given widespread circulation by proclamations published and uttered by newspaper and radio. These regulations will have the force of ordinance when duly filed with the city clerk and violations will be subject to the penalties provided in this Code of Ordinances.
(3) The mayor shall order emergency management 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 City of Burlington in case of disaster when conditions in the city are beyond the control of the local emergency management forces.
(4) The mayor may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the city for the fair value thereof.
(5) The mayor may require emergency services of any city officer or employees. If regular city forces are inadequate, the mayor may require the services of such other personnel as he can obtain who are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, the City Charter and ordinances for regular city employees and other registered and identified emergency management and disaster workers.
(6) The mayor will exercise his ordinary powers as mayor and all of the special powers conferred upon him by any statute or any other lawful authority.
(b) The director of emergency management. The director of the office of emergency management shall be responsible to the mayor in regard to all phases of emergency management activities. Under the supervision of the mayor, he shall be responsible for the planning, coordination and operation of the emergency management activity in the city. Under the supervision of the mayor, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operation of the emergency management plan. His duties shall include, but not be limited to, the following:
(1) Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the city for emergency management purposes.
(2) Development and coordination of plans for the immediate use of all the facilities, equipment, manpower and other resources of the city for the purpose 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) Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes and designating suitable buildings for public shelter.
(4) Through public informational programs, educating the citizens to actions necessary and required for the protection of their persons and property in case of an emergency or disaster, as defined herein, either impending or present.
(5) Conducting public practice alerts to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures and operations.
(6) Coordinating the activity of all other public and private agencies engaged in any emergency management activity.
(7) Assuming such authority and conducting such activity as the mayor may direct to promote and execute the emergency operations plan.
(Ord. of 10-4-86)
11-6 Limitation on authority.
Notwithstanding the powers delegated to the mayor and the director in the preceding section, it is recognized that under 20 V.S.A. 16, the ordinances, orders, rules and regulations raised by the city may not be inconsistent with any orders, rules or regulations promulgated by the governor or by any state agency exercising a power granted to it by the governor pursuant to Chapter 1 of Title 20 V.S.A. In the event of any such inconsistency, the above-recited powers shall not be exercised by the mayor and the director.
(Ord. of 10-4-86)
11-7 Violations.
(a) It shall be unlawful for any person to violate any of the provisions of this chapter or the regulations or plan issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the emergency management organization, as herein defined, in the enforcement of the provisions of this chapter or any regulation or plan issued.
(b) Workers while engaged in emergency management activities shall have all the pertinent immunities and matters of defense now available or hereafter made available in any suit brought against them as a result of their acts of omission or commission done in the course of their actual performance of emergency management duties under regulations and orders issued pursuant to the provisions of this chapter.
(Ord. of 10-4-86)
11-8 Penalty.
Any person, firm or corporation violating any provisions of this chapter, or any rule or regulation formulated thereunder, upon conviction thereof, shall be punished pursuant to Section 1-9 of this Code of Ordinances.
(Ord. of 10-4-86)
11-9 Severability.
Should any provision of this chapter be declared invalid for any reason, such declaration shall not affect the validity of other provisions or of this chapter as a whole, it being the legislative intent that the provisions of this chapter shall be severable and remain valid notwithstanding such declaration.
(Ord. of 10-4-86)
11-10 Political activity prohibited.
No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor shall the office of emergency management be employed directly or indirectly for political purposes.
(Ord. of 10-4-86)
11-11 Mutual aid.
Any city or town requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the city or town rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city/town. Each party city/town shall extend to the emergency management forces of any other city/town, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving city/town), duties, rights, privileges and immunities as if they were performing their duties in the city/town in which rendering such services. Emergency management forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the emergency management authorities of the city/town receiving assistance.
(Ord. of 10-4-86)
11-12 Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more cities/towns may differ from that appropriate among other cities/towns party hereto, this instrument contains elements of a broad base common to all cities/towns, and nothing herein contained shall preclude any city/town from entering into supplementary agreements with another city/town. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
(Ord. of 10-4-86)
Editor’s note—An ordinance passed Oct. 14, 1986, amended the Code by repealing all of the provisions of Ch. 11, consisting of §§ 11-1—11-8, pertaining to civil defense, which was derived from §§ 431—436 of the city’s 1962 revised ordinances, and added new provisions which were designated as a new Ch. 11
State law reference—Authority to create civil defense organization, 20 V.S.A. § 6.