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repealed in its entirety.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;
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ORDINANCE NO. 83 -68 -0
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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: