PART 1  PURPOSE AND POWERS; CONTINUITYlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282
8.7.101: LEGISLATIVE DECLARATION:
8.7.102: DEFINITIONS:
8.7.103: EMERGENCY AND DISASTER DECLARATIONS BY THE MAYOR:
8.7.104: EMERGENCY RESPONSE POWERS:
8.7.105: CONTINUITY OF GOVERNMENT; MAYOR AND COUNCIL:
8.7.106: CONTINUITY OF GOVERNMENT; ADMINISTRATIVE OFFICERS:
8.7.107: AUTHORITY FOR EMERGENCY EVACUATION:

8.7.101: LEGISLATIVE DECLARATION: linklink


The City Council finds and declares that emergency management in times of public emergencies, disasters and threats to public safety is a vital part of local government, is a matter of local concern and protects the health, safety and welfare of the residents of, and visitors to, the City of Colorado Springs. This article is enacted under the City Council's police powers and under the City Council's legislative authority granted by Colorado Constitution article XX, section 6 and the City Charter. (Ord. 11-26)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740847
8.7.102: DEFINITIONS: linklink

For purposes of this article, unless the context specifically indicates otherwise, the following terms shall have the designated meanings:

DEM: The Director of Emergency Management.

DECLARED EMERGENCY: Any proclamation of public danger, emergency or disaster made by the Mayor pursuant to City Charter section 4-10.

EMERGENCY: Any actual or threatened event or situation which, in the opinion of the Mayor, constitutes a serious and immediate threat to the public health, safety or welfare within or outside of the City and which requires immediate action by the City. An emergency may include an event or situation outside of the City that requires action by the City to assist the State of Colorado, other Colorado jurisdictions, Federal jurisdictions or other States or possessions of the United States or jurisdictions therein. A declared emergency by the Mayor includes emergencies, disasters and catastrophic incidents as defined in the Colorado Springs emergency operations plan.

OEM: The Office of Emergency Management. (Ord. 11-26)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740848
8.7.103: EMERGENCY AND DISASTER DECLARATIONS BY THE MAYOR: linklink


A. Mayor May Act By Proclamation: In accord with City Charter section 4-10, the Mayor may proclaim an emergency when, in the Mayor's opinion, a disaster, emergency or public danger exists or is imminent. The Mayor may declare an emergency by any means, whether in person, in writing, by telephone, or by electronic or other means of communication. The Mayor shall notify each Council Member of the nature of the emergency, public danger or disaster as soon as practicable after the Mayor's proclamation. A proclamation by the Mayor may be terminated at any time by the Mayor or by a majority vote of the City Council as provided in this part and by City Charter subsection 3-10(g).


B. Content Of Proclamation: A proclamation or declaration of emergency by the Mayor shall be reduced to writing at the Mayor's earliest convenience and shall describe the nature of the disaster, emergency or public danger, the area within or outside of the City which is threatened or affected, and any directions, orders or determinations needed to alleviate or mitigate the disaster, emergency or public danger.


C. Authority Of DEM: Unless otherwise restricted by the Mayor in the Mayor's proclamation, the issuance of an emergency declaration or proclamation shall authorize the Director of Emergency Management to act in accord with the City's emergency operations plan.


D. Duration Of State Of Emergency: A state of emergency shall remain in effect until the Mayor or City Council declares that the threat of danger has passed, or that the emergency condition no longer exists, and that the emergency condition is no longer required to receive State and Federal assistance and terminates the declaration or proclamation. (Ord. 11-26)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740849
8.7.104: EMERGENCY RESPONSE POWERS: linklink

During the existence of an emergency, the Mayor may promulgate regulations which the Mayor deems necessary to protect life and property and preserve critical resources. These regulations shall within fourteen (14) days of issuance, be posted at the Office of the City Clerk and other locations as the Mayor may determine, and may be disseminated to the print, radio, television and other electronic news media unless posting or dissemination would endanger the public or negatively impact security concerns. Emergency regulations may not suspend the provisions of the City Code, the suspension of City Code provisions being reserved to the City Council by emergency or other ordinance. (Ord. 11-26)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740850
8.7.105: CONTINUITY OF GOVERNMENT; MAYOR AND COUNCIL: linklink


A. In the event that during an emergency or disaster the Mayor is unavailable or cannot be reached by telephone or other communications, then, in accord with City Charter section 4-20, the President of Council shall perform the duties of Mayor. In the event both the Mayor and the President of Council are unavailable, then the senior member of the City Council shall perform the duties of Mayor until the City Council can convene, as provided in City Charter section 4-20, to select one of their members to perform the duties of Mayor. The order of seniority shall be the senior available at large member of the City Council, with seniority determined by date of election, then date of birth, then alphabetical order of last names; then the senior available district member of the City Council with seniority determined by date of election, then date of birth, then alphabetical order of last names.


B. In the event that a situation results in the death or incapacitation of the Mayor and the entire City Council, then the City Clerk and the City Attorney/Chief Legal Officer, or those members of their offices acting in their stead, shall jointly appoint three (3) residents of the City, who would be otherwise eligible to stand for election as at large City Council Members, as City Council Members and those appointed members shall act as the City Council during the emergency or disaster and shall promptly schedule special elections to reestablish the City Council. (Ord. 11-26)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740851
8.7.106: CONTINUITY OF GOVERNMENT; ADMINISTRATIVE OFFICERS: linklink


A. In the event that any of the following administrative officers of the City are unavailable due to removal, death, resignation or other cause during an emergency, then the person authorized in writing with the Office of Emergency Management shall fill the office as a standby officer until a replacement administrative officer has been lawfully appointed by the authorized appointing authority:

Director of Emergency Management

City Attorney/Chief Legal Officer

City Clerk

Fire Chief

Police Chief


B. Each standby administrative officer shall have the duty to be familiar with the standby office, maintain all required local or federal emergency management training qualifications and to be reasonably informed of the business and affairs of the City to the extent necessary to act as a standby administrative officer. (Ord. 11-26)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740852
8.7.107: AUTHORITY FOR EMERGENCY EVACUATION: linklink


A. In the event of an emergency, the Mayor, Fire Chief, Director of Emergency Management and the Chief of Police shall each have the authority to order any person to evacuate any premises, vehicle or other real or personal property located within the City limits, or in any area under the control of the City in its home rule capacity, for any period of time up to and including the duration of the emergency.


B. For purposes of this section, an "emergency" is defined as:

1. Any emergency formally declared by the City Council, El Paso County, the State of Colorado, or the Federal government, including inclement weather and other disaster or emergency situations, in which human life is at risk.

2. Floods, fires, accidents involving hazardous material spills, active and actual confrontations between police and criminal elements, terrorist activity or activity believed to be terrorist based and acts of God which place human life at risk.


C. Emergency evacuation is only authorized within the specific area, to be determined by the person ordering the evacuation, within which human life is at risk.


D. It shall be unlawful for any person to refuse to or fail to immediately evacuate an area upon receipt of a verbal or written order to evacuate under this section. It shall be unlawful to reenter an evacuated area without permission of the evacuating authority. Any person violating this section shall be subject to immediate arrest and removal by police, fire or any emergency management personnel deployed to assist the City during any emergency. (Ord. 11-26)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=73282#s740853