Page 1 Chapter 18 - EMERGENCY PREPAREDNESS[1] Footnotes

Page 1 Chapter 18 - EMERGENCY PREPAREDNESS[1] Footnotes
Chapter 18 - EMERGENCY PREPAREDNESS[1]
Footnotes:
--- (1) --State Law reference— Governor's emergency powers, MCL 10.31 et seq.; emergency preparedness
act, MCL 30.401 et seq.
Sec. 18-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Disaster means an 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, snow,
ice or windstorm, wave action, oil spills, water contamination requiring emergency action to avert danger or
damage, utility failure, hazardous peacetime radiological incident, major transportation accident, epidemic,
air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. Riots
and other civil disorders are not within the meaning of this term unless they directly result from and are an
aggravating element of the disaster.
District coordinator means the state police district emergency services coordinator or his authorized
representative.
Emergency operations plan means the county emergency operations plan, which shall be prepared
under the Emergency Management Act No. 390 of the Public Acts of Michigan, as amended, to coordinate
disaster response and recovery within the city.
Emergency preparedness means generally planning, training, and exercise in preparation for states
of emergency and/or states of disaster.
Emergency response means generally assessment, response, mitigation, and recovery pertaining to
states of emergency and/or states of disaster.
Emergency services or emergency management means and includes preparations for, response to,
and relief from the effects of natural and manmade disasters, including civil defense. The term "emergency
services or emergency management" includes both "emergency preparedness" and "emergency
response."
Emergency services forces means all disaster relief forces; all agencies of the municipal government,
private and volunteer personnel, public officers and employees; and all other persons or groups having
duties or responsibilities under this chapter or pursuant to a lawful order or directive authorized by this
chapter or under state law.
Emergency situation means any situation confronting a community requiring emergency actions of a
lesser nature than a disaster, to include but not be limited to civil disturbances, labor strikes, visits by
national or international dignitaries, and build-up activities prior to an actual disaster.
State of disaster means a declaration by executive order or proclamation by the governor under the
provisions of Public Act No. 390 of 1976 (MCL 30.401 et seq.) which activates the disaster response and
recovery aspects of state, local, and inter-jurisdictional disaster emergency plans and authorizes the
deployment and use of any forces to which the plan or plans apply.
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State of emergency means an executive order or proclamation that activates the emergency response
and recovery aspects of the state, local, and inter-jurisdictional emergency operations plans applicable to
the counties or municipalities affected.
Wayne County Coordinator means the Wayne County Emergency Management Coordinator, who is
hereby appointed to coordinate emergency planning and services within the city as prescribed in this
chapter.
(Ord. of 2-6-2012, § 10-1)
Sec. 18-2. - Intent and purpose.
(a) The intent and purpose of this chapter is as follows:
(1) To set forth the relative duties and responsibilities of the city and county as they relate to
emergency management;
(2) To designate the county as the organization that will ensure the complete and efficient utilization
of all municipal and county resources during periods of emergency and disaster in the event that
the mayor deems that any condition in the city is beyond the control or capabilities of the city's
emergency services forces.
(b) The county, via its department of homeland security and emergency management, or otherwise, is the
coordinating agency responsible for countywide and citywide emergency services vested in them by
this chapter and Public Act No. 390 of 1976 (MCL 30.401 et seq.) ("the Act").
(c) This chapter will not relieve any elected officials or municipal departments of the normal responsibilities
or authority given by general law or local ordinance, nor will it deprive them of any authority otherwise
reserved or provided for them in this chapter or otherwise, nor will it affect the work of the American
Red Cross or other volunteer agencies organized for relief in a natural disaster.
(Ord. of 2-6-2012, § 10-2)
Sec. 18-3. - Organization for emergency services.
(a) Prior to a declaration of a state of emergency and/or state of disaster, the county coordinator shall be
responsible for the following:
(1) Creating and updating an emergency operations plan which would include and provide for
planning and emergency services for the city;
(2) Submitting the emergency operations plan to the mayor's office and police and fire chiefs for
review and input on a yearly basis;
(3) Making available all county departments and assets (including, but not limited to, mobile
command posts, radios, roads crews, barricading, equipment, etc.) upon request by the mayor's
office, police chief, and fire chief;
(4) Making available mutual aid assets from the county's six-county mutual aid agreement and other
mutual aid agreements to which the county is a party;
(5) Performing any other duties set forth under the Act, as amended.
(b) Subsequent to a declaration of a state of emergency and/or state of disaster, the county coordinator
shall be responsible for the following:
(1) Utilization of all available departments and assets set forth in subsection (a) of this section;
(2) Conducting a damage/event assessment;
(3) Working with the local incident commander to provide support;
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(4) Working with the applicable county and city representatives to implement the incident action
plan/emergency action plan;
(5) Communication with the applicable state representatives regarding the potential for declaration
of a state of disaster and/or requesting of state and/or federal assets;
(6) Performing any other duties set forth under the Act, as amended.
(c) Pursuant to this chapter, the county coordinator shall create an organization for emergency
management, utilizing to the fullest extent existing agencies within the county and city.
(d) Subject to the provisions of this chapter, the mayor, as executive head of the city government, shall
be the director of the city's emergency services forces, working, to the extent applicable under this
chapter, through the county coordinator.
(1) The employees, equipment and facilities of all municipal departments, boards, institutions and
commissions suitable for or adaptable to emergency services activities may be designated as
part of the total emergency services forces. Such designations shall be by the mayor with the
approval of the city council.
(2) All officers and employees of departments, commissions, boards, institutions and other agencies
of the city government designated as city's emergency services forces by the mayor with the
approval of the city council shall cooperate with the county coordinator. They shall assist the
county coordinator in all matters pursuant to the provisions of this chapter.
(Ord. of 2-6-2012, § 10-3)
Sec. 18-4. - Wayne County Emergency Services Coordinator.
(a) The county coordinator shall meet any and all requirements of state and federal law pertaining to such
position.
(b) The county coordinator shall be responsible for the administration, planning, coordination, and
operation of all emergency services activities in the city, except those which are expressly reserved
for the city. He shall maintain liaison with city, state, and federal authorities, and the authorities of
adjacent and nearby political subdivisions so as to ensure the most effective emergency operations.
(c) His duties shall further include, but not be limited to, the following:
(1) Development and implementation of the county's emergency operations plan, and any other
appropriate disaster plans, for the immediate use of all of the facilities, equipment, manpower,
and other resources of the county for the purpose of minimizing or preventing damage to persons
or property, and for protecting and restoring to usefulness governmental services and public
utilities necessary for the public health, safety, and general welfare;
(2) Coordinating the recruitment and training of volunteer personnel and agencies to augment the
personnel and facilities of the county for emergency purposes;
(3) Through public information programs, educating the population as to actions necessary and
required for the protection of persons and property in case of a disaster;
(4) Conducting practice alerts and/or exercises;
(5) Coordinating the activity of all public and private agencies engaged in any emergency or disaster
relief programs;
(6) Negotiating with owners or persons in control of buildings or other property for the use of such
buildings or property for emergency or disaster relief purposes, and designating suitable buildings
as public shelters;
(7) Coordinating municipal emergency preparedness and response activities with those at the county
level and adjacent municipalities and counties, including those party to mutual aid agreements;
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(8) Working with the city's local incident commander and the mayor to ensure the proper
implementation of the emergency operations plan and the fullest extent of county, state, and
federal support, as applicable;
(9) Whenever the county coordinator deems that any condition in the city is beyond the scope of his
control or capabilities, he may request the governor to declare that a state of disaster exists
therein by contacting the district coordinator in accordance with the Act, as amended.
(Ord. of 2-6-2012, § 10-4)
Sec. 18-5. - Powers and duties of mayor.
(a) Subject to the provisions of this chapter and the authority of the county coordinator, as and when
provided in this chapter, the mayor, as executive head of the city government, shall be the director of
the city's emergency services forces and shall have power and authority over their organization,
administration and operation. Whenever a situation requires or is likely to require that the mayor invoke
such power and authority, he shall, as soon as reasonably expedient, convene the city council to
perform its legislative duties as the situation demands, and shall report to that body relative to
emergency activities. Nothing in this chapter shall be construed as abridging or curtailing the powers
of the city council unless specifically provided in this chapter.
(b) Subject to the provisions of this chapter and the authority of the county coordinator, as and when
provided in this chapter, the mayor, with the approval of the city council, is hereby empowered and
has the authority to:
(1) Appropriate and expend funds, make contracts, and obtain and distribute equipment, materials,
and supplies for disaster purposes.
(2) Provide for the health and safety of persons and property, including emergency assistance to the
victims of a disaster.
(3) Assign and make equipment available for duty, including the employees, property, or equipment
of the city related to firefighting, engineering, rescue, health, medical, and related services, police,
transportation, construction, and similar items or services for disaster relief purposes within or
without the physical limits of the city.
(4) In the event of a foreign attack upon this state, waive procedures and formalities otherwise
required by law pertaining to the performance of public work, entering into contracts, the incurring
of obligations, the employment of permanent and temporary workers, the utilization of volunteer
workers, the rental of equipment, the purchase and distribution with or without compensation of
supplies, materials, and facilities, and the appropriation and expenditure of public funds.
(c) The mayor, with the approval of the city council, shall establish procedures for the succession of
government during emergencies where officials are unavailable for exercising the powers and
discharging the duties of their respective offices.
(d) The mayor, with the approval of the city council, may make regulations permitting the county
coordinator to assemble and utilize the emergency services forces and to provide disaster relief aid as
prescribed in this chapter.
(e) When obtaining formal approvals would result in delay of relief activity, the mayor may, until the city
council convenes, waive procedures and formalities otherwise required pertaining to the performance
of public works, entering into contracts, the incurring of obligations, the employment of temporary
workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities and
the expenditure of existing funds. The city council is also empowered to waive any such procedures
and formalities.
(f)
If the mayor deems that any condition in the city is beyond the control or capabilities of the city's
emergency services forces, he shall call upon the county coordinator who shall at such time assume
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responsibility for emergency services, in accordance with this chapter and the county emergency
operations plan.
(Ord. of 2-6-2012, § 10-5)
Sec. 18-6. - Rights of city employees.
City employees assigned to duty as a part of the emergency services forces or otherwise pursuant to
the provisions of this chapter shall retain all of the rights, privileges and immunities of city employees, and
shall receive the compensation incident to their employment.
(Ord. of 2-6-2012, § 10-6)
Sec. 18-7. - No governmental or private liability.
(a) Any actions taken by the city pursuant to this chapter shall constitute governmental functions for the
protection of the public health, safety, and general welfare. As such, neither the city nor agents and
representatives of the city, nor any individual, receiver, firm, partnership, corporation, association, nor
trustee, nor any of the agents thereof acting in good faith carrying out, complying with, or attempting
to comply with this chapter shall be liable for any damage sustained to persons or property as a result
of such activity.
(b) Any person owning or controlling real estate or other premises, who voluntarily and without
compensation grants the city or the county coordinator the right to inspect, designate and use the
whole or any part of such real estate or premises for the purpose of sheltering persons during a disaster
or during an authorized practice disaster exercise, shall not be civilly liable for the death of or any injury
to any person on or about such real estate or premises under such license, privilege or other
permission, or for loss of or damage to the property of such person.
(c) Nothing in this section or otherwise in this chapter shall be construed as an assumption of any liability
or any waiver by the city of any governmental immunity to which it is entitled.
(Ord. of 2-6-2012, § 10-7)
Sec. 18-8. - Conflicting ordinances; orders; rules and regulations suspended.
At all times when the orders, rules, and regulations made and promulgated pursuant to this chapter
shall be in effect, they shall supersede all other existing ordinances, orders, rules and regulations, insofar
as the latter may be inconsistent therewith.
(Ord. of 2-6-2012, § 10-8)
Sec. 18-9. - Violations.
It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces
in the enforcement or accomplishment of any rule or regulation issued pursuant to this chapter, or to do
any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. It shall
likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or other means of
identification as a member of the emergency services forces of the city unless authority to do so has been
granted to such person by proper officials. Violations of the above shall constitute a misdemeanor,
punishable pursuant to the provisions of section 1-15.
(Ord. of 2-6-2012, § 10-9)
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