Emergency and Disaster Preparedness Ordinance

Ordinance # 900220 : Emergency and Disaster Preparedness Ordinance

Preamble

AN ORDINANCE TO ESTABLISH A TOWNSHIP EMERGENCY PREPAREDNESS POLICY AND ORGANIZATION TO DEFINE THE DUTIES AND RESPONSIBILITIES OF THE EMERGENCY SERVICES COORDINATOR AND OTHER PERSONNEL: TO AUTHORIZE THE USE OF THE MATERIAL RESOURCES AND MANPOWER OF THE TOWNSHIP IN EMERGENCY OPERATIONS: AND TO PREVENT, MINIMIZE AND RELIEVE DAMAGE TO PERSONS AND PROPERTY RESULTING FROM ANY FORM OF DISASTER.

The Township of Genoa hereby ordains:

Article 1.0: Purpose

Section 1.1

It is the intent and purpose of this Ordinance to establish an organization that will ensure the complete and efficient utilization of all Township resources during periods of emergency and disaster.

Section 1.2

The provisions of this Ordinance provide the means through which the Township Board may exercise the authority and discharge the responsibilities vested in them by Act #390, Public Acts of 1976.

Section 1.3

This ordinance will not relieve any elected officials or departments of the normal responsibilities or authority given by general law or local ordinance, nor will it affect the work of the American Red Cross or other volunteer agencies organized for relief in a natural disaster.

Article 2.0: Definitions

Section 2.1

For the purpose of this ordinance, certain words used herein are defined as follows:

• 2.1.1. "Coordinator" shall mean the person appointed to coordinate emergency planning and services within Genoa Township.
• 2.1.2. "Deputy Coordinator" shall mean the person appointed to assist with the coordination of emergency planning and services within Genoa Township.
• 2.1.3. "Disaster" means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, snow, ice or windstorm, wave action, oil spills, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, epidemic, air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. Riots and other civil disorders are not within the meaning of this term unless they directly result from and are an aggravating element of the disaster.
• 2.1.4. "District Coordinator" means the state Police District Emergency Services Coordinator or his authorized representative.
• 2.1.5. "Emergency Operations Plan" means the Township of Genoa Emergency operations Plan which has been prepared to coordinate disaster response and recovery within the Township.
• 2.1.6. "Emergency Services" shall have a broad meaning to include preparation for, and relief from the effects of natural and man-made disasters as defined herein, and to include Civil Defense.
• 2.1.7. "Emergency Services Forces" means all disaster relief forces; all agencies of the municipal government, private and volunteer personnel, public officers and employees; and all other persons or groups of persons having duties or responsibilities under this ordinance or pursuant to a lawful order or directive authorized by this ordinance.
• 2.1.8. "Emergency Services Volunteer" shall mean any person duly registered and appointed by the Coordinator and assigned to participate in the Emergency Services activity.
• 2.1.9. "Emergency Situation" means any situation confronting a community requiring emergency actions of a lesser nature than a disaster, as defined above, to include, but not limited to, civil disturbances, labor strikes, visits by national or international dignitaries, and build-up activities prior to an actual disaster.
• 2.1.10. "Supervisor" shall mean the Chief elected official of the Township of Genoa; and Township Board shall mean the Township Board of Trustees.
• 2.1.11. "State of Disaster" means a declaration by executive order or proclamation by the Governor under the provisions of Act 390, Public Acts of 1976, which activates the disaster response and recovery aspects of state, local and interjurisdictional disaster emergency plans and authorizes the deployment and use of any forces to which the plan or plans apply.
• 2.1.12. "State of Emergency" means a declaration by the Supervisor pursuant to this ordinance which activates the disaster response and recovery aspects of the Township of Genoa Emergency Operations Plan and authorizes the deployment and use of any municipal forces to which the plan applies.

Article 3.0: Organization for Emergency Services

Section 3.1

The Supervisor, with the approval of the Township Board, is authorized and directed to create an organization to prepare for community disasters utilizing to the fullest extent existing agencies within the County and Township. The Supervisor shall be director of Emergency Service forces of the Township and shall be responsible for their organization, administration, and operation, working through the Coordinator.

Section 3.2

The Supervisor, with the approval of the Township Board, shall make the following appointments:

• 3.2.1. The Emergency Services Coordinator who shall be responsible for the administration, planning, coordination, and operation of all emergency preparedness activities in the Township. He shall maintain liaison with county, state and federal authorities and the authorities of adjacent and nearby political subdivisions so as to ensure the most effective emergency operations. His duties shall include, but not be limited to, the following:
  • (a) Development of the Genoa Township Emergency Operations Plan, and any other appropriate disaster plans, for the immediate use of all the facilities, equipment, manpower, and other resources of the Township for the purpose of minimizing or preventing damage to person or property; and protecting and restoring to usefulness, governmental services and public utilities necessary for the public health, safety, and general welfare.
  • (b) Coordinating the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the Township for emergency purposes.
  • (c) Through public information programs, educating the population as to actions necessary and required for the protection of persons and property in case of a disaster.
  • (d) Conducting practice alerts and exercises to ensure the efficient operation of the Township's emergency organization and to familiarize residents of the Township 'With emergency regulations, procedures, and operations.
  • (e) Coordinating the activity of all other public and private agencies engaged in any emergency or disaster relief programs.
  • (f) Negotiating with owners or persons in control of buildings or other property for use of such buildings or property for emergency or disaster relief purposes, and designating suitable buildings as public shelters.
  • (g) Establishing and maintaining administrative control over a local radiological defense program, to include emergency preparations for both peacetime radiation incidents and international wartime disasters.
  • (h) Coordinating municipal emergency preparedness activities with those at the county level and adjacent municipalities.
• 3.2.2. The Deputy Emergency Services Coordinator shall assist the Coordinator in the administration, planning, coordination, and operation of all emergency preparedness activities in the Township. The Deputy Coordinator shall assume the duties of the Coordinator whenever he is unavailable during disasters or emergency situations.
• 3.2.3. Assistant Emergency Coordinators from various Township Departments as deemed appropriate, shall assist the Coordinator and Deputy Coordinator in the planning and operation of emergency preparedness activities in the Township.
• 3.2.4. The Disaster Planning Committee shall assist in the development and ongoing review of the Genoa Township Emergency operations Plan. The Committee shall consist of the Supervisor, Clerk, Treasurer, Assessor, Deputy Coordinator, Brighton Fire Chief and Howell Fire Chief.
• 3.2.5. All officers and employees of departments, commission, boards, and other agencies of the Township government designated by the Supervisor, with the approval of the Township Board, as Emergency Services Forces shall cooperate with the Emergency Services Coordinator in the formulation of the Emergency Operations Plan, and they shall assist the Coordinator in all matters pursuant to the provisions of this ordinance.

Article 4.0: Supervisor - Powers and Duties

Section 4.1

The Supervisor may exercise the emergency power and authority as specified herein. Whenever a situation requires or is likely to require that the Supervisor invoke such power and authority, he shall as soon as reasonably expedient, convene the Township Board to perform its legislative and administrative duties as the situation demands, and shall report to that body relative to emergency activities. Nothing in the ordinance shall be construed as abridging or curtailing the powers of the Township Board unless specifically provided herein.

Section 4.2

Under the following circumstances, the Supervisor may declare a state of emergency exists in the Township of Genoa and may assemble and utilize the Emergency Services Forces in accordance with the Township of Genoa Emergency Operations Plan, and he may prescribe the manner and conditions of the use of such Emergency Services Forces:

• 4.2.1. Whenever, on the basis of information received from authoritative sources, he feels that a large-scale disaster or emergency situation in the Township or State is imminent.
• 4.2.2. During any period of disaster in the Township or State and thereafter as long as he shall deem it necessary.

Section 4.3

Whenever the Supervisor deems that any condition in the Township is beyond the control of local public or private agencies or has attained or threatens to attain the proportions of a major disaster, he may request the Governor to declare a state of disaster exists therein by instructing the Coordinator to contact the District Coordinator in accordance with Section 14, Act 390, Public Acts of 1976.

Section 4.4

The Supervisor, with the approval of the Township Board, is hereby empowered and has the authority:

• 4.4.1. To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for disaster purposes.
• 4.4.2. To provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster.
• 4.4.3. To assign and make equipment available for duty, the employees, property, or equipment of the municipality relating to fire-fighting, engineering, rescue, health, medical and related services, police, transportation, construction and similar items or service for disaster relief purposes within or without the physical limits of the Township.
• 4.4.4. In the event of a foreign attack upon this State, to waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, the incurring of obligation, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials, and facilities and the appropriation and expenditure of public funds.

Section 4.5

When the Supervisor is unavailable for exercising the powers and discharging the duties of his office with respect to this ordinance, the succession of authority to act in his behalf shall be vested in the Township Manager or other Designated Elected Official.

Section 4.6

The Supervisor may delegate such duties as he deems necessary in the performance of his responsibilities.

Section 4.7

When obtaining formal approvals would result in delay of relief activity, the Supervisor may, until the Township Board convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligation, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities and expenditure of existing funds, and the Township Board is also empowered to waive any such procedures and formalities.

Article 5.0: Volunteers, Appointments, Records

Section 5.1

Each department, commission, board or other agency of Township government may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of such Township department, commission, board or agency in time of emergency. Such individuals shall be enrolled as Emergency Services volunteers and shall be subject to the rules and regulations set forth by the respective department, commission, board or agency head for such volunteers.

Section 5.2

The Coordinator may enlist volunteer citizens to form the personnel of an emergency service for which the Township has no counterpart, or to temporarily augment personnel of the Township engaged in emergency activities. The Coordinator shall maintain formal records of all such volunteers for workman's compensation purposes.

Article 6.0: Rights of Township Employees

Section 6.1

Township employees assigned to duty as a part of the Emergency Services Forces pursuant to the provisions of this ordinance shall retain all of the rights, privileges and immunities of Township employees, and shall receive the compensation incident to their employment.

Article 7.0: No Governmental or Private Liability

Section 7.1

This ordinance is an exercise by the Township of its governmental functions for the protection of the public health, safety and general welfare. As such, neither the Township nor agents and representatives of the Township, nor any individual, receiver, firm, partnership, corporation, association, nor trustee, nor any of the agents thereof acting in good faith carrying out, complying with, or attempting to comply with this ordinance shall be liable for any damage sustained to persons or property as a result of said activity.

Section 7.2

Any person owning or controlling real estate or other premises who voluntarily and without compensation, grants the Township the right to inspect, designate, and use the whole or any part of such real estate or premises for the purpose of sheltering persons during a disaster or during an authorized practice disaster exercise, shall not be 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.

Article 8.0: Conflicting Ordinances, Orders, Rules and Regulations Suspended

Section 8.1

At all times when the orders, rules, and regulations, made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all other existing ordinances, orders, rules, and regulations, insofar as 'the latter may be inconsistent therewith.

Article 9.0: Violations

Section 9.1

It shall be unlawful for any person willfully to obstruct, hinder, or delay any Emergency Services Forces in the enforcement or accomplishment of any rule or regulation issued pursuant to the ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or other means of identification as a member of the Emergency Services Forces of the Township of Genoa unless authority to do so has been granted to such person by proper officials. Convictions for violations of the provisions of this ordinance shall be punishable by a fine not to exceed Two Hundred ($200.00) dollars.

Article 10.0: Severability

Section 10.1

Should any section, clause or provision of this ordinance be declared by the courts invalid for any reason such declaration shall not affect the validity of the ordinance as a whole or any part thereof, other than the section, clause, or provision so declared to be invalid.

Article 11.0: Effective Date

Section 11.1

This ordinance shall have immediate effect.

Certification

I, Paulette A. Skolarus, duly elected Clerk of the Township of Genoa, County of Livingston and State of Michigan, do hereby certify the foregoing to be a true copy and the whole of an ordinance adopted by the Genoa Township Board at a regular meeting on 03-05-90 , in witness whereof I have set by hand and seal this 3rd day of March 1990.

Paulette A. Skolarus, Clerk

(BA, LCP 03-14-90)