Chapter 2.50


2.50.010    Emergency management organization.

2.50.020    Emergency proclamation.

2.50.010 Emergency management organization.

A.    Created. There is created the Brookfield municipal emergency management organization which shall consist of the following:

1.    The mayor, who shall be head of the entire emergency management program;

2.    The director of emergency management who shall be charged with the preparation of the emergency management plan for the city together with such other duties as the council may prescribe. The director shall be appointed by and hold his/her position at the pleasure of the mayor. The director may appoint an assistant emergency management director to serve in his disability or absence and to assume the duties of any deputy director who is disabled or absent;

3.    The heads of all city departments. In the absence of a city department head during an emergency, the next ranking subordinate in that department shall act in his/her place.

B.    Powers and Duties. The powers and duties of the Brookfield municipal emergency management organization shall include the recommendation for adoption by the council of an emergency management plan for the city and the recommendation for adoption by the council of all mutual aid plans and agreements which are deemed essential for the implementation of such emergency management plan. The duties of the emergency management organization shall also include a continuing study of the need for amendments and improvements in the emergency management plan adopted by the council. The Brookfield municipal emergency management organization shall meet upon the call of either the mayor or the director.

C.    Director of Emergency Management.

1.    In the absence of the mayor, the director of emergency management may request the declaration of the existence of an emergency by the council or by higher authority. If it is deemed necessary to declare the existence of an emergency without delay, the director may do so in the absence of the mayor if the council is not in session, but such action shall be subject to confirmation by the council at its next meeting.

2.    Under the direction of the mayor, the duties and responsibilities of the director of emergency management shall include the following:

a.    The control and direction of the actual or training efforts of the emergency management organization of the city;

b.    The determination of all questions of authority and responsibility that may arise within the emergency management organization of the city;

c.    The maintenance of necessary liaison with either municipal, area, state, regional, federal or other emergency management organizations;

d.    The marshaling, after the declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the emergency management plan;

e.    The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the emergency management plan;

f.    The issuance of reasonable rules and regulations which are necessary for the protection of health, safety, life and property;

g.    The supervision of the drafting and execution of mutual aid agreements entered into by the city;

h.    The supervision of a final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions, however, in no case shall any expenditure under this section exceed ten percent of the annual city general fund budget without the prior approval of the common council;

i.    The authorizing of agreements, after approval of the city attorney, for the use of private property for emergency purposes;

j.    The power to temporarily fill any city position when the incumbent is absent during an emergency.

D.    Conflicting Ordinances, Orders, Rules and Regulations. 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.

E.    No Conflict with State or Federal Statutes. This chapter shall not be construed so as to conflict with any state or federal statute, regulation or order, or with any military or naval order, rule or regulation.

F.    Prohibited Acts Designated. No person shall wilfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter or do any act forbidden by any rule or regulation issued pursuant to this chapter. No person shall wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the proper officials.

G.    Violation-Penalty. Any person who violates any provision of this chapter, or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter 1.12 of this code. (Ord. 2131-08 § 1 (part), 2008)

2.50.020 Emergency proclamation.

A.    Mayor to Issue Proclamation. Whenever, in the judgment of the mayor or, in the event of his inability to act, the president of the council, determines that an emergency exists as a result of mob action or other civil disobedience causing danger, injury to or damages to persons or property, he may impose, by proclamation, any or all of the following regulations necessary to preserve the peace and order of the city:

1.    Impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen, law enforcement officers and municipal personnel may be exempted from such curfew;

2.    Order the closing of any business establishments anywhere within the city for the period of the emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms;

3.    Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic;

4.    Call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city;

5.    Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted.

B.    Effective Time of Proclamation. The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.

C.    Duration. Any emergency proclaimed in accordance with the provisions of this section shall terminate after forty-eight (48) hours from the issuance thereof or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the council.

D.    Chief of Police. The chief of police may temporarily close any street, alley and other public way in the city to the public whenever, in his opinion, it is necessary in order to maintain the peace of the community. (Ord. 2131-08 § 1 (part), 2008)