§ 9-5. Emergency powers and duties.
(a)
The chief administrative officers shall be the mayor and the board of aldermen and the county board of supervisors, if unincorporated areas within Lee County are directly involved in the emergency situation.
(b)
The chief administrative officers may exercise the emergency power and authority necessary to fulfill the general powers and duties under this chapter and their judgment shall be the sole criteria necessary to invoke emergency powers provided in this chapter and those invested by state statutes listed in MCA 1972, § 33-15-17. The administrative officers may convene to perform their powers as the situation demands, and receive reports relative to local emergency management activities.
(c)
The chief administrative officers may promulgate such regulations, during any period when a local emergency threatens or exists, as is deemed necessary to protect life and property and preserve critical resources. Examples of regulations, but not necessarily limited to the same, are:
(1)
Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of local emergency forces, or to facilitate the mass movement of persons from critical areas.
(2)
Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to local emergency.
(3)
Such other regulations as are necessary to preserve public peace, health and safety.
(4)
Regulations promulgated in accordance with law will be given widespread circulation by proclamation published and uttered by newspaper and radio. Any person violating the provisions of orders issued by the chief administrative officers pursuant to law during a proclaimed civil emergency shall be guilty of a misdemeanor and be punished as provided in section 1-8 of this Code.
(d)
The chief administrative officers shall order local emergency forces to the aid of other communities when required in accordance with the statutes of the state and they may request the state, or a political subdivision of the state, to send aid to the city in case of a local emergency where conditions in the city are beyond the control of the local emergency forces.
(e)
The chief administrative officers may obtain vital supplies, equipment, and other properties found lacking and needed for the protection of health, life and property of the people, and bind the city for the fair value thereof.
(f)
The chief administrative officers may require emergency of city/county officers or employees. If regular forces are determined to be inadequate, the chief administrative officers may require the services of such other personnel as can be obtained that are available, including volunteer citizens. All duly authorized persons rendering local emergency services shall be entitled to the privileges and immunities as are provided by state law and local regulations for regular identified local emergency workers. Claims from appropriate compensation for this assistance will be processed when conditions warrant consideration.
(g)
Under the supervision of the county board of supervisors, the director shall be responsible for, but not necessarily limited to, the following duties:
(1)
For the planning, coordination and operation of the emergency management and operation activity of the political subdivision. Under the direction of the chief administrative officers, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operation of the emergency operations plan.
(2)
The recruitment of volunteer personnel and agencies to augment those of the political subdivision and areas not assigned to personnel and agencies of the political subdivision.
(3)
Negotiating and concluding agreements with owners or persons in control of buildings for sheltering the public during nuclear conditions and to designate these buildings as public shelters.
(4)
Establish a public information program which will inform the people of actions required for the protection of their persons and property in case of disaster.
(5)
Conducting public practice alerts and tests to ensure efficient operation of the local emergency forces and to familiarize residents with local emergency regulations, procedures and operations.
(6)
Coordinating the activity of all other public and private agencies engaged in any local emergency management or operation activity.
(7)
Assuming such authority and conducting such activity as the chief administrative officers may direct to promote and execute the local emergency management and operation plan.
(8)
Establish a reporting system to keep the city and county officials informed on the emergency management level of the political subdivision at all times.
(9)
Some of the duties ascribed to the chief administrative officers may, at their discretion, be handled by the director, but the responsibility and authority stems from and remains with the chief administrative officers.
(Ord. of 1-22-80, § 5)
State law reference
Relocation of municipal government during state of emergency, MCA 1972, § 17-7-5; municipal authority to restrict movement during state of emergency, MCA 1972, § 21-19-17.