Chapter I · Administration

Article 7. Emergency Preparedness

Sections 1-701 to 1-712 · 12 sections

1-701 Definition.

The term emergency preparedness as used in this article means the preparation and implementation of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from the 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, storm, epidemic, air contamination, blight, drought, infestation, explosion, riot or hostile military or paramilitary action.

(Code 1981)

1-702 Emergency proclamation.

The mayor or the person legally acting for the mayor in his or her absence, may proclaim a state of emergency within the city when he or she has found that a disaster has occurred or the threat thereof is imminent within the city and that the normal and ordinary process of local government in inadequate to safeguard the public peace and safety of the lives and property of the citizens.

(Code 1981)

1-703 Emergency regulations.

The mayor shall have power to impose by proclamation any of the following regulations necessary to preserve the peace of the city:

(a)To impose a curfew upon all or any portion of the city. Physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, fire fighters and city law enforcement officers and personnel may be exempted from such curfew.

(b)To order the closing of any business establishments anywhere within the city for the period of the emergency, such business to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms.

(c)To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.

(d)To 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.

(Ord. 1469, Sec. 1)

1-704 Duration.

The proclamation of emergency provided in section 1-702 shall become effective upon its issue by the mayor or a person legally acting for the mayor in his or her absence. All orders, rules and regulations made in the exercise of such power shall cease to be in effect upon declaration by the mayor, or the person legally acting for the mayor, that the emergency no longer exists, unless such emergency powers, orders, rules and regulations shall have been superseded by proclamation of the Governor. A local state of emergency shall be continued for a period in excess of seven days except with the consent of the governing body.

(Ord. 1469, Sec. 2)

1-705 Publicity.

Upon the proclamation of the emergency all law enforcement agencies under the jurisdiction herein affected shall immediately take steps to inform all persons within such area of the existence of the emergency and of the emergency orders, rules and regulations.

(Ord. 1469, Sec. 3)

1-706 Immunity.

Law enforcement officers, military personnel or others authorized to assist them, while engaged in maintaining or restoring the public peace or safety or in the protection of life or property during a lawfully proclaimed emergency shall have all powers, duties and immunities of peace officers of the State of Kansas in addition to all powers, duties and immunities now otherwise provided by law and shall be immune from civil and criminal liability for acts reasonably done by them in the performance of their duties so long as they act without malice and without the use of excessive or unreasonable force. Further, all such personnel shall have the authority to enforce any and all ordinances of the city wherein an emergency exists and shall be considered as officers of the city.

(K.S.A. 48-934; Ord. 1469, Sec. 4)

1-707 Emergency preparedness director.

There is hereby created the office of the Council Grove Emergency Preparedness Director. Such officer shall be appointed by the mayor, with the consent of the council.

(Code 1981)

1-708 Same; duties.

The emergency preparedness director shall:

(a)Represent the mayor on all matters pertaining to emergency preparedness;

(b)Develop a city emergency preparedness plan which provides for the effective mobilization of all the resources of the city, both private and public as may be approved by the governing body;

(c)During periods of emergency direct the services of all city emergency preparedness forces and requisition supplies and equipment for the protection of life and property.

(Code 1981)

1-709 Emergency preparedness corps.

Officers and employees of the city together with volunteer forces” enrolled to aid them during an emergency shall constitute the Emergency Preparedness Corps.

(Code 1981)

1-710 Service divisions.

The functions and duties of the Council Grove Emergency Preparedness Corps shall be distributed among the following divisions, each directed by a service chief appointed by the local director:

(a)Operations: police, health, welfare, fire and rescue, radiological.

(b)Supporting Services: warning, communications, transportation, supply, industry manpower, training, religious affairs.

(c)Administration: intelligence, economic control, information, continuity of government, shelter.

(Code 1981)

1-711 Volunteers.

All persons other than officers and employees of the city volunteering for service pursuant to the defense as provided for in this article shall serve without compensation, except as may be otherwise provided for by the governing body. Such volunteers, while engaged in such service shall have the same immunities as employees of the city performing similar duties.

(Code 1981)

1-712 Prohibited acts.

It shall be a misdemeanor to engage in the following

(a)To willfully obstruct, hinder, or delay any member of the Emergency Preparedness Corps in the performance of any duty imposed upon him or her by virtue of this article;

(b)To do any act prohibited by any lawful rules or regulations issued pursuant to this article;

(c)To wear, carry or display without authority any mark or identification as may be specified to be worn by authorized emergency preparedness personnel.

(Code 1981)