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1983-68 Amending Title 2 of the Borough Code By Revising Chapter 2.28, Civil Defense OrganizationIII AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING TITLE 2 IOF THE BOROUGH CODE BY REVISING CHAPTER 2.28 - -CIVIL DEFENSE ORGANIZATION. The Kodiak Island Borough Assembly Hereby Ordains: Section 1: That Chapter 2.28 - -Civil Defense Organization is hereby repealed in its entirety. Section 2: That Chapter 2.28 -- Emergency Services is hereby created to read as follows: Sections: 2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 2.28.060 C. Borough the Kodiak Island 'Manager. 19 KODIAK ISLAND BOROUGH ORDINANCE NO. 83 -68 -0 Chapter 2.28 EMERGENCY SERVICES Purposes. Definitions. Emergency Services Council. Director of Emergency Services. Expenditures. Violations. 2.28.010 Purposes. The declared purposes of this chapter are to provide for the preparation and implementation of plans for emergency services for (persons and property within the city of Kodiak and the Kodiak Island Borough o in the event of a disaster and to provide an organizaiton for the coordination Hof Emergency Services functions with all public agencies, affected private i persons, corporations, and organizations. 2.28.020 Definitions. For the purposes of this chapter, the following II 1 definitions shall apply: A. Assembl known as the o is B. Borough. geographic area. "Assembly" means that elected body of representatives Island Borough Assembly. "Borough" means the Kodiak Island Borough and its Manager. "Borough Manager" means the person appointed by Borough Assembly to the administrative position of Borough D. Borough Mayor. "Borough Mayor" or the person designated as acting mayor means the person elected to the position of Mayor of the Kodiak Island Borough. E. City. "City" means the city of Kodiak and its geographic area. F. City Council. "City Council" means that elected body of representa tives known as the city of Kodiak City Council. Manager. G. City city of Kodiak City Council �to Manager" b the theadmini�strative positonaofoCitydManager. H. Cit Ma or. "City Mayor" or the person designated as acting mayor means the person a ected to the position of Mayor of the city of Kodiak. I. Council. "Council" means the Emergency Services Council. ORDINANCE NO. 83 -68 -0 Page 2 1 9 e! J. Director. "Director" means the Director of Emergency Services who shall be the city of Kodiak City Manager. K. Disaster. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity. L. Emergency Services. "Emergency Services" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are responsible, to prevent, minimize, and repair injury and damage resulting from disasters. M. Emergency Services Council. "Emergency Services Council" means that group of people empowered to proclaim the existence of a local disaster. N. Emergency Services Organization. "Emergency Services Organi- zation" means alT officers and employees of the city of Kodiak and the Kodiak Island Borough, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations, and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2.32.040(B)(3), charged with duties incident to the protection of life and property in the city or borough during such disaster. 2.28.030 Emergency Services Council. A. Membership. The emergency services council is created and shall consist of the city of Kodiak Mayor and Manager, the Kodiak Island Borough Mayor and Manager, and the Commanding Officer of the United States Coast Guard Support Center at Kodiak or his designee. B. Officers. The emergency services council shall select a Chairman and Vice - Chairman from its membership. C. Powers. The Emergency Services Council shall have the following powers: 1. To proclaim the existence of a local disaster; 2. To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; 3. To approve emergency service response plans. D. Duties. It shall be the duty of the Emergency Services Council to review and recommend, for adoption by the City Council and the Borough Assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements. E. Meetings. The Emergency Services Council shall meet upon call of the chairman or, in his absence, upon the call of the vice - chairman. F. Bylaws. The Emergency Services Council shall adopt Bylaws for the conduct of its meetings. 2.28.040 Director of Emergency Services. A. There is created the office of the Director of Emergency Services. The Director of Emergency Services shall be the city of Kodiak City Manager. The director is empowered: 1. To request the Emergency Service Council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the Council is in session, or to issue such proclamation if the Council is not in session, subject to confirmation by the Council at the earliest practicable time; 2. To request the Governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster; 3. To control and direct the effort of the Emergency Services organization for the accomplishment of the purposes of this chapter; ) 1 ' 1 ORDINANCE NO. 83 -68 -0 Page 3 1 -1 9 4. To direct coordination and cooperation between divisions, services, and staff of the Emergency Services organization, and to resolve questions of authority and responsibility that may arise between them; 5. To represent the Emergency Services organization in all dealings with public or private agencies pertaining to emergency services and disaster; 6. To prepare and maintain plans for disaster emergency services; 7. To organize and maintain an operational disaster emergency services response capability. B. In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Emergency Preparedness, the director is empowered: 1: To make and issue rules and regulations on matters reasonably related to the protection of life and ro ert as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the Emergency Services Council; 2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city and borough for the fair value thereof, and if required immediately, to commandeer such privately -owned material as may be needed for public use; 3. To require emergency service of any city or borough officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor, to command the aid of as many citizens as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered Emergency Services volunteers; 4. To requisition necessary personnel or material of any city or borough department or agency; Emergency 5 ices e x e c u e oa ll ofshisiojdinary powers as director of chapter or by resolution adoptedppursuantwtheretofealld p ow er hcm by reds ers upon him by any statute, agreement approved by the CityCouncilooreBorough Assembly, or by any other lawful authority; to exercise complete authority over the city and borough; to exercise all police power vested in the city and borough by the constitution and general laws. 2.28.050 Expenditures. All government agencies shall be responsible for emergency service expenses incurred within their jurisdiction unless otherwise provided for by each governing body. 2.28.060 Violations. It is a misdemeanor for any person during a 1 disaster to: A. Willfully obstruct, hinder, or delay any member of the Emergency Services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; B. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be u likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of the city or borough or to prevent hinder, or delay the defense or protection thereof; C. To wear, carry, or display without authority any means of identification specified by the Emergency Services agency of the state. Section 3: That this ordinance shall be in full force and effect upon passage and adoption. ORDINANCE NO. 83 -68 -0 Pbge 4 PASSED AND APPROVED THIS 9th DAY OF November ATTEST: Boroug Clerk FIRST READING DATE: October 6, 1983 1 1 9 '? KODIAK ISLAND BOROUGH BY: , 1983. SECOND READING AND PUBLIC HEARING DATE: November 9, 1983 EFFECTIVE DATE: November 9, 1983 REQUESTED BY: PREPARED BY: RECOMMENDATION: