Last Modified on 05/07/2009 09:05:50Chapter 11 CIVIL DEFENSE*
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Cross references: Administration, ch. 2; use of cable television system during emergencies, § 5-43.
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Article I. Civil Preparedness and Resource Management
Sec. 11-1. Definitions.
Sec. 11-2. Declaration of purpose.
Sec. 11-3. Civil preparedness and resource management staff.
Sec. 11-4. Office of City Civil Defense Director.
Sec. 11-5. Civil Preparedness Organization.
Sec. 11-6. Powers and duties.
Sec. 11-7. Disaster plan.
Sec. 11-8. Enforcement of regulations.
Sec. 11-9. Penalty.
ARTICLE I.
CIVIL PREPAREDNESS AND RESOURCE MANAGEMENT*------------
State law references: Emergency management, A.R.S. § 26-301 et seq.; local emergency management responsibilities, A.R.S. § 26-308.
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Sec. 11-1. Definitions.
As used in this chapter:
1. Civil preparedness means the organization, administration, trained manpower, facilities, equipment, material, supplies, programs, emergency plans, ability to execute emergency plans, and all other measures necessary and incidental thereto relating to disaster prevention, preparedness, response, and recovery by all governmental and private sector agencies to protect or save life or property.
2. Disaster means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, and storm requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, famine, explosion, riot, or hostile military or paramilitary action.
3. Emergency forces means all City governmental and private sector agencies, volunteers, facilities, equipment, trained manpower, and other resources required to perform civil preparedness functions.
4. Emergency means the existence of a disaster within the City limits, and the situation is or likely to be within the capability of the emergency forces of the City, as determined by the Mayor.
5. Local emergency means the existence of a disaster within the City limits, and the situation is or is likely to be beyond the capability of the emergency forces of the City as determined by the City Council and which requires the combined efforts of the political subdivisions.
6. State of emergency means the duly proclaimed existence of a disaster within the State except a disaster resulting in a state of war emergency which is or is likely to be beyond the capabilities of the emergency forces of any single county, city or town, and requires the combined efforts of the State and the political subdivision.
7. State of war emergency means the situation which exists immediately whenever this nation is attacked or upon receipt by this State of a warning from the federal government indicating that such an attack is imminent.
8. Regulations means the orders, rules, and emergency procedures deemed essential for civil preparedness.
9. Director/Coordinator means the City Manager or his designated alternate.
(Ord. No. G-1382, § 2)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 11-2. Declaration of purpose.
The purposes of this chapter are to:
1. Reduce vulnerability of people and the community to damage, injury, and loss of life and property resulting from natural or manmade catastrophes, riots, or hostile military or paramilitary action;
2. Prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;
3. Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;
4. Clarify and strengthen the roles of the City Council, and Mayor, City Manager, Civil Preparedness Director/Coordinator, and City agencies in prevention of, preparation for, and response to and recovery from disasters;
5. Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery;
6. Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this City, agencies of the private sector, and similar activities in which the federal government, the State and its political subdivisions may participate; and
7. Provide a disaster management system embodying all aspects of pre-disaster preparedness and post-disaster response.
(Ord. No. G-1382, § 2)
Sec. 11-3. Civil preparedness and resource management staff.
The Joint Maricopa County Civil Preparedness and Disaster Organization staff is hereby designated as the City of Phoenix Civil Preparedness and Resource Management Planning and Coordinating Staff, hereinafter referred to as the "Civil Preparedness Staff," to do and perform any and all planning and coordinating of civil preparedness and resource management functions during non-emergency periods required by federal or State of Arizona laws, policy, programs, and emergency plans, under the overall direction of the City Manager.
(Ord. No. G-1382, § 2)
Sec. 11-4. Office of City Civil Defense Director.
The office of the City Civil Defense Director is hereby created. The City Manager shall be the Civil Defense Director of the City of Phoenix, hereinafter referred to as the "Director." The Director of the Joint Maricopa County Civil Defense and Disaster Organization is hereby designated as the Assistant Civil Defense Director.
(Ord. No. G-1382, § 2)
Sec. 11-5. Civil Preparedness Organization.
1. The City Manager is hereby authorized and directed to create a Civil Preparedness Organization. The City Manager shall be the Director of Civil Preparedness.
(Ord. No. G-1382, § 2)
Sec. 11-6. Powers and duties.
1. The City Council:
a. Shall have the power to make, amend and rescind regulations necessary for civil preparedness, but such regulations shall not be inconsistent with regulations promulgated by the Governor. Any regulation issued by the Council is effective when a copy is filed in the office of the City Clerk. Existing laws, ordinances, and regulations in conflict with A.R.S. tit. 26, ch. 2 (A.R.S. § 26-301 et seq.), or this chapter, or regulations issued under the authority of this chapter, are suspended during the time and to the extent that they conflict;
b. In a state of war emergency, the Council may waive procedures and formalities required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when the Council determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. The City shall be exempt during such emergency from budget limitations prescribed by A.R.S. § 42-303;
c. In the absence of specific authority in State emergency plans and programs, the Council shall take emergency measures as deemed necessary to carry out the provisions of A.R.S. tit. 26, ch. 2 (A.R.S. § 26-301 et seq.);
d. May appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil preparedness purposes;
e. Is empowered to declare the existence of an emergency or local emergency. The Mayor, or in his absence the City Manager, shall have the authority to request the declaration of an emergency by the City Council;
f. Is empowered to terminate the declaration of an emergency.
2. a. In the event it is deemed necessary to declare the existence of an emergency without delay, the Mayor may, by proclamation, declare an emergency or local emergency to exist. Such action, however, shall be subject to confirmation by the City Council at its next meeting. When an emergency is declared, the emergency plans adopted by the City Council shall be placed in operation.
b. During an emergency or local emergency, the Mayor shall govern the City of Phoenix by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the City.
c. During the periods of a declared emergency or local emergency the Mayor may provide mutual aid to other political subdivisions when required; and he may request the State or a political subdivision to provide mutual aid to the City.
3. The Director:
a. Is responsible in non-emergency periods to act on behalf of the Mayor and Council to develop an effective civil preparedness program and to build readiness for coordinated operations in disaster emergencies;
b. May accept for purposes of civil preparedness an offer of the federal government or an agency or officer thereof or an offer of any person, firm or corporation, of services, equipment, supplies, materials or funds, whether by gift, grant or loan subject to the terms, if any, of the offeror;
c. During emergencies, the Director shall act as the principal advisor or aide to the Mayor on emergency operations. His major responsibility is to assure coordination among emergency forces and with higher and adjacent governments, primarily seeing that the OEC functions effectively. He shall assist the Mayor in the execution or [sic] operations, plans and procedures required by the emergency.
(Ord. No. G-1382, § 2)
Sec. 11-7. Disaster plan.
1. A comprehensive disaster basic plan shall be adopted and maintained by resolution of the Council upon recommendation of the Director. In the preparation of this plan as it pertains to the City emergency organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies be used to the fullest extent.
2. The disaster plan shall be considered supplementary to this ordinance and have the effect of law whenever emergencies, as defined in this ordinance, have been proclaimed.
(Ord. No. G-1382, § 2)
Sec. 11-8. Enforcement of regulations.
The Phoenix Police Department shall enforce regulations issued pursuant to this ordinance.