§ 34-62. Emergency management and response powers.

(a)

Declaration of local emergency.

(1)

Grant of authority. In the event of an actual or threatened occurrence of a disaster or emergency, which may result in the large-scale loss of life, injury, property damage or destruction or in the major disruption of routine community affairs, business, or governmental operations in the city and which is of sufficient severity and magnitude to warrant extraordinary assistance by federal, state and local departments and agencies to supplement the efforts of available public and private resources, the mayor may declare a local emergency for the City of Sylvester. The form of the declaration shall be similar to that provided in subsection (b) of this Code section.

(2)

Request for state assistance. Consistent with a declaration of local emergency, the mayor may request the governor to provide assistance, provided that the disaster or emergency is beyond the capacity of the city to meet adequately and state assistance is necessary to supplement local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster.

(3)

Continuance. The declaration of local emergency shall continue until the mayor finds that the emergency conditions no longer exist, at which time, the mayor shall execute and file with the city clerk a document marking the end of the state of emergency. No state of local emergency shall continue for longer than 30 days, unless renewed by the mayor. The city governing authority may, by resolution and in accordance with the city charter, end a state of local emergency at any time.

(4)

Effect of declaration of local emergency.

a.

Activation of emergency operations plan. A declaration of emergency by the governor or a declaration of local emergency by the mayor shall automatically activate the local emergency operations plan and shall be authority for the deployment of personnel and use of any forces to which the plan applies and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available pursuant to the Georgia Emergency Management Act or any other laws applicable to emergencies or disaster.

1.

The mayor and/or the city emergency management director (hereinafter sometimes referred to in article III as ("city EMD") shall have the legal authority to exercise the powers and discharge the duties conferred by law, including the implementation of the local emergency operations plan, coordination of the emergency responses of public and private agencies and organizations, coordination of recovery efforts with county, state and federal officials, and inspection of emergency or disaster sites.

2.

In responding and conducting necessary and appropriate investigations, the Mayor and/or the "city EMD" is authorized to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting sites involved with emergency management functions. The mayor and/or the "city EMD" is authorized to execute a right of entry and/or agreement to use property for these purposes on behalf of the city; however, any such document shall be later presented for ratification by the city governing authority.

3.

No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper or interfere with any such representative while that individual is in the process of carrying out his or her official duties.

b.

Emergency powers. Following a declaration of emergency and during the continuance of such state of emergency, the mayor is authorized to implement local emergency measures to protect life and property or to bring the emergency situation under control. In exercising this authority, the mayor may cause to become effective any of the following sections of this chapter as appropriate: section 34-65 (overcharging prohibited); section 34-66 (registration of building and repair services), and section 34-67 (closed or restricted areas and curfews). If any of these sections is included in a declaration of local emergency, the same shall be filed in the office of the city clerk and shall be in effect until the declaration of local emergency has terminated.

c.

Authority to waive procedures and fees. Pursuant to a declaration of emergency, the city governing authority is authorized to cause to be effective any of the subsections of section 34-64 of this chapter as appropriate. The implementation of such subsections shall be filed in the office of the city clerk.

d.

Additional emergency powers. The mayor and/or the "city EMD" shall have and may exercise for such period as the declared emergency exists or continues, the following additional emergency powers:

1.

To direct and compel the evacuation of all or part of the population from any stricken or threatened area, for the preservation of life or other disaster mitigation, response or recovery.

2.

To prescribe routes, modes of transportation and destinations in connection with evacuation.

3.

To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives, and flammable liquids and substances.

4.

To make provision for the availability and use of temporary emergency housing, emergency shelters and/or emergency medical shelters.

5.

To transfer the direction, personnel or functions of any city departments and agencies or units thereof for the purpose of performing or facilitating emergency services.

6.

To utilize all available resources of the city and subordinate agencies over which the city has budgetary control as reasonably necessary to cope with the emergency or disaster.

7.

To commandeer or utilize public or private property when necessary to cope with the emergency or disaster or when there is compelling necessity for the protection of lives, health and welfare; and/or the property of citizens, but only to the extent permitted under the Constitution of the State of Georgia, the Constitution of the United States of America, and applicable law.

8.

To suspend any law, code provision or regulation prescribing the procedures for conduct of city business, or the orders, rules or regulations of any city agency, if strict compliance with any ordinance, resolution, order, rule or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster, provided, that such suspension shall provide for the minimum deviation from the requirements under the circumstances and further provided that, when practicable, specialists shall be assigned to avoid adverse effects resulting from such suspension.

9.

To provide welfare benefits to citizens upon execution of an intergovernmental agreement for grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in cases where the individuals or families are unable to meet the expenses or needs from other means, provided that such grants are authorized only when matching state or federal funds are available for such purposes.

10.

To perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian populations, including individuals with household pets and service animals prior to, during, and following a major disaster or emergency.

(b)

Form of declaration. Upon the declaration of local emergency, an official "Declaration of Local Emergency," in substantially the same form set forth below, shall be signed and filed in the office of the city clerk and shall be communicated to the citizens of the affected area using the most effective and efficient means available. The declaration shall state the nature of the emergency or disaster, the conditions that require the declaration and any sections of this chapter which shall be in effect.

DECLARATION OF LOCAL EMERGENCY

WHEREAS, the City of Sylvester, Georgia, has experienced an event of critical significance as a result of ____________ on ____________ 20 ____________ , and

WHEREAS, in the judgment of the Mayor of the City of Sylvester, there exist emergency circumstances located in the City of Sylvester requiring extraordinary and immediate corrective actions for the protection of the health, safety, and welfare of the citizens of the City of Sylvester, including individuals with household pets and services animals; and

WHEREAS, to prevent or minimize injury to people and damage to property resulting from this event;

NOW, THEREFORE, pursuant to the authority vested in me by local and state law; IT IS HEREBY DECLARED that a local state of emergency exists and shall continue until the conditions requiring this declaration are abated.

WHEREFORE, IT IS ORDERED:

(1)

That the City of Sylvester emergency operations plan is hereby activated.

(2)

That the City of Sylvester Code of Ordinances Chapter 35, Article III be implemented.

(3)

That the following measures also be implemented:

ENTERED on this ____________ day of ____________ , 20 ____________ .

____________
Mayor, City of Sylvester

(c)

Contracts with local governments. In addition to the normal agreements embodied in the local emergency operations plan for mutual emergency assistance, the city may contract with any municipality or county for the administration of a local emergency response program.

(Ord. No. 2012-02, § 34-3-102, 4-16-2012)