Sources Of Municipal Emergency Power Authority In The 100 Largest Cities By Population

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This article was last updated October 14, 2020.

In response to the coronavirus pandemic, city executives across the country declared emergencies. Generally, declaring a state of emergency allows mayors to access resources unavailable to them during non-emergencies and to waive or suspend certain rules and regulations.^[1] This article lists the municipal and state laws that provide city executives with the statutory authority to proclaim emergencies in the 100 largest cities by population as of the last update.

To read about the state laws providing governors with the statutory authority to proclaim emergencies, click here.

Select a state to see the specific state and municipal codes that address municipal emergency power authority.

Alabama[edit]

• Birmingham (Click to expand)

  Specific code

  City code Section 12-5-31: (a)A state of emergency shall be deemed to exist whenever, during times of great public crisis caused by disaster, rioting, civil disorder, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives and property.(b)In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor of the city is hereby authorized and empowered to issue public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the city, to place in effect any or all of the restrictions hereinafter authorized.(c)During the existence of a proclaimed state of emergency, the mayor may impose by proclamation any or all of the following restrictions:(1)Prohibit or regulate the possession off one's own premises of explosives, firearms, ammunition, or dangerous weapons of any kind, and prohibit the purchase, sale, transfer or other disposition thereof;(2)Prohibit or regulate the buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one's own premises;(3)Prohibit or regulate any demonstration, parade, march, vigil, or participation therein from taking place on any of the public ways or upon any public property;(4)Prohibit or regulate the sale of gasoline, kerosene, naphtha, or any other explosives or inflammable fluids or substances;(5)Prohibit or regulate travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food, or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof;(6)Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other places of public assembly.(d)The mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the city and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, firefighters and other public employees; doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the citizens of the city.(e)Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.(f)The mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as In response to the coronaviru circumstances warrant or when directed to do so by the council of the city.(g)During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provisions of any restriction imposed by any proclamation authorized by this section. City code Section 9-4-1: Because of the existing and increasing possibility of the occurrence of emergencies or disasters, resulting from manmade or natural causes, or enemy attack, and in order to ensure that preparations of the city will be adequate to deal with emergencies or disasters and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of the city, it is hereby found and declared to be necessary: (1)To provide for the rendering of mutual aid among other political subdivisions of the state and with the federal government with respect to the carrying out of civil defense functions; and(2)To authorize the department of civil defense to take such steps as are necessary and appropriate to carry out the provisions of this law so that all civil defense functions for the city are coordinated to the maximum extent with the comparable functions of the state and its political subdivisions, of the federal government including its various departments and agencies, of other states and localities and of private agencies of every type to the end that the most effective preparation and use may be made of the nation's manpower, resources and facilities for dealing with any emergency or disaster that may occur. City code Section 9-4-2 Definition of "civil defense" As used in this chapter, the term "civil defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from emergencies or disasters, or the imminent threat, of manmade or natural origin, caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contaminations requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, or other causes. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. State code Section 31-9-10: Each political subdivision of this state is hereby authorized and directed to establish a local organization for emergency management in accordance with the state emergency management plan and program and may confer or authorize the conferring, upon members of the auxiliary police, the powers of peace officers, subject to such restrictions as shall be imposed. The governing body of the political subdivision is authorized to appoint a director, who shall have direct responsibility for the organization, administration, and operation of such local organization for emergency management, subject to the direction and control of such governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this article.

  City code:

  • *Section 12-5-31
  • Section 9-4-1
  • Section 9-4-2

  State code:

  Section 31-9-10

Alaska[edit]

• Anchorage (click to expand)

  Specific code

  State statute AS 26.23.136 A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It may not be continued or renewed for a period in excess of seven days, except by or with the consent of the governing board of the political subdivision. An order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed promptly with the Alaska division of homeland security and emergency management and the appropriate municipal clerk. Anchorage Municipal Charter - 3.80.030 - 3.80.090 Definitions Whenever the mayor determines that an emergency as defined in section 3.80.030 exists, he may declare by proclamation the existence of the emergency and shall have the power to impose by proclamation any or all of the regulations necessary to prevent disorder and to preserve the public health of the municipality as set forth in sections 3.80.040 through 3.80.090. Pursuant to Charter section 5.02(d), the assembly by resolution may declare that the emergency no longer exists. Any proclamation issued pursuant to this chapter shall have the force of law and shall supersede any conflicting provision of law during an emergency declared pursuant to this chapter. Anchorage Municipal Charter - 5.02 In case of emergency, the mayor has the power of a peace officer and may exercise that power as chief executive officer to prevent disorder and to preserve the public health. The assembly by resolution may declare that the emergency no longer exists.

  State statute:

  • AS 26.23.136

  City code:

  • 3.80.030 - 3.80.0905.02

Arizona[edit]

• Phoenix (click to expand)

  Specific code

  City Charter Chapter V Sec. 4: A. The Mayor shall govern the City during times of great emergency and shall make proclamations necessary rising out of that emergency. Any violation of proclamations made pursuant to this authority shall be a misdemeanor. B. During the absence or disability of the Mayor or when the Office of Mayor is vacant, the Vice-Mayor shall act as Mayor under the provisions of Subsection A herein above. C. During the absence or disability of both the Mayor and Vice-Mayor or when the Offices of Mayor and Vice-Mayor are both vacant, the remaining Council Member who has most recently served in the Office of Vice-Mayor shall act as Mayor under the provisions of Subsection A herein above. City Code Sec 11-1: Purpose and definitions for Office of Homeland Security and Emergency Management for the City of Phoenix Emergency means any local incident, whether natural or human-caused, which requires only local response to protect public health and safety, property, or harm to the environment. Local emergency means the existence of conditions of an emergency or of extreme peril to the safety of persons or property within the City that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City as determined by the City Council, which requires the combined efforts of the political subdivisions of the State of Arizona. City Code Sec. 11-3: A. The City Council. 1. Shall have the power to make, amend, and rescind regulations necessary for emergency management, but such regulations shall not be inconsistent with regulations promulgated by the Governor. Any regulation issued by the Council is effective when a copy is filed in the Office of the City Clerk. 2. Is empowered to declare a local emergency. The Mayor, or in the Mayor’s absence, the Vice-Mayor, shall have the authority to request the declaration of an emergency by the City Council. 3. Is empowered to terminate a declared emergency. 4. In the absence of specific authority in the State emergency plans and programs, the City Council shall take emergency measures, as deemed necessary to carry out the provisions of State and Federal law. B. The Mayor. In the event it is deemed necessary to declare the existence of a great emergency without delay, the Mayor, or in the absence or disability of the Mayor, the Vice-Mayor may, by proclamation, declare a local emergency to exist. Such action, however, shall be subject to confirmation by the City Council at its next meeting. When an emergency is declared, the emergency plans adopted by the City Council shall be placed in operation. 1. During a great emergency, the Mayor shall govern the City of Phoenix by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the City. 2. During periods of a declared local emergency, the Mayor may provide mutual aid to the other political subdivisions when required; and may request the State or a political subdivision to provide mutual aid to the City. State statute ARS 26-307 A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Phoenix City Charter:

  • Chapter V Section 4

  Phoenix City Code:

  • 11-1 Section 11-1
  • Section 11-3

  Arizona Revised Statutes:

  • ARS 26-307
  • ARS 26-311

• Tucson (click to expand)

  Specific code

  City Code Chapter 11, Article IV, Sec 11-100: Definitions A civil emergency is hereby defined as: (1) A riot or unlawful assembly characterized by the use of force or violence disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together without authority of law; or (2) Any natural disaster or man-made calamity, including flood, conflagration, windstorm, tornado, earthquake or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. City Code Chapter 11, Article IV, Sec. 11-101 - 11-104: Powers and duties of mayor during a civil emergency When in the judgment of the mayor, or in the event of his absence or inability to act, the vice-mayor, and upon the advice and with the consent of a majority of the council, or if a majority of the council is unavailable for any reason, with the advice of the police or fire chief and the city manager, or their duly appointed designees, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of the same. Any proclamation or order issued in accordance with the provisions of this article shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; however, the duration of any such proclamation or order may be extended for such additional periods of time as may be determined necessary by the mayor. City Charter Chapter IX Sec. 8: All ordinances, resolutions or franchises shall be signed by the mayor and attested by the clerk, and transcribed in the proper books therefor, but no ordinance, resolution or franchise shall take effect and become operative until thirty (30) days after its passage, except measures necessary for the immediate preservation of the peace, health or safety of the city; but no such emergency measure shall become immediately operative unless it shall state, in a separate section, the reasons why it is necessary that it should become immediately operative, and be approved by the affirmative vote of five (5) members of the mayor and council, taken by ayes and noes; provided, further, that all ordinances and resolutions having the effect of ordinances or required to be published, except emergency ordinances and resolutions, shall be published at least three (3) consecutive times in the official newspaper of the city, and a copy thereof posted on a bulletin board in front of the City Hall, before they become effective and operative. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Tucson City Code:

  • Chapter 11 Article IV Sec. 11-100
  • Chapter 11 Article IV Sec. 11-101 - 11-104

  Tucson City Charter:

  • Chapter IV Sec. 8

  Arizona Revised Statutes:

  • ARS 26-307
  • ARS 26-311

• Mesa (click to expand)

  Specific code

  City Code 1-14-1: Whenever the Mayor of the City shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy, or any other natural or manmade calamity or disaster or by reason of threats or occurrences of riots, routs, affrays, or other acts of civil disobedience which endanger life or property within the City, the Mayor is hereby authorized by proclamation to declare an emergency or a local emergency to exist, as defined in Title 26, Chapter 2, Article 1, Arizona Revised Statutes; and the Mayor is further authorized to exercise all of the rights, powers, and authorities granted to mayors pursuant to the provisions of said Article. City Charter Article II Section 212: Defines "emergency ordinance" as one necessary for the immediate preservation of the public peace, health, or safety. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance. The ordinance shall contain in one section after the enacting clause a declaration stating that an emergency exists and describing in clear and specific terms the necessity for declaring such ordinance to be an emergency measure required for the immediate preservation of the public peace, health, or safety. The Council may by a three-fourths (3/4) affirmative vote of its members adopt an emergency ordinance, with or without amendments, on the date of its introduction or at any regular or special meeting. It shall become effective upon adoption. After adoption, the ordinance shall be publicly posted and published as provided for ordinances in general. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Mesa City Code:

  • 1-14-1

  Mesa City Charter:

  • Article II Section 212

  Arizona Revised Statutes:

  • ARS 26-307
  • ARS 26-311

  
  

• Chandler (click to expand)

  Specific code

  City Code 6-3-2: In addition to the powers granted by other provisions of the law or City Charter, in accordance with A.R.S. Title 26, Chapter 2, the Mayor is hereby authorized to declare, by proclamation, an emergency or a local emergency to exist and shall have the powers and authority established in that chapter. The proclamation may be rescinded by a majority of the City Council after twenty-four (24) hours. City Code 6-2: The City Manager is hereby appointed the Emergency Management Director (Director) and authorized and directed to create an Emergency Management Organization in accordance with A.R.S. Title 26, Chapter 2. In the event the City Manager is unable to act, the duties and authority shall follow the line of succession for appointed staff set forth in the emergency operations plan adopted by the City. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Chandler City Code:

  • 6-3-26-2

  Arizona Revised Statutes:

  • ARS 26-307
  • ARS 26-311

• Glendale (click to expand)

  Specific code

  City Code 14-7: (a)In addition to the powers granted by other provisions of law or city charter, the mayor may, by proclamation, declare an emergency or a local emergency to exist. The proclamation may be rescinded by a majority of the city council after twenty-four (24) hours. (b)During an emergency or local emergency, the mayor shall govern the city by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city, including but not limited to: (1)Imposition of curfews in all or in a portion of the city. (2)Ordering the closing of any business. (3)Closing to public access any public building, street or other public place. (4)Calling upon regular or auxiliary law enforcement agencies and organizations within or without the city for assistance. City Code 14-2: Definitions Disaster: The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property, or extreme peril to the safety of persons or property, resulting from any natural or man-made causes, including but not limited to fire, flood, earthquake, wind, storm, blight, drought, famine, infestation, air contamination, epidemic, explosion, riot or other acts of civil disobedience which endanger life or property or hostile military or paramilitary action. Emergency: The existence of a disaster within the city limits requiring immediate action by the emergency forces of the city. Local emergency: The existence of a disaster within the city limits, and the situation is or is likely to be beyond the capability and resources of the city as determined by the mayor and which requires the combined efforts of other political subdivisions. State of emergency: The duly proclaimed existence of a disaster within the state except a disaster resulting in a state of war emergency which is or is likely to be beyond the capabilities and resources of any single county, city or town, and requires the combined efforts of the state and the political subdivision. State of war emergency: The situation which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent. City Code 14-5: The director (City Manager) shall prepare a comprehensive disaster basic plan which shall be adopted and maintained by resolution of the council upon the recommendations of the director. In the preparation of this plan as it pertains to city organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies be used to the fullest extent. The disaster plan shall be considered supplementary to this ordinance and have the effect of law whenever emergencies have been proclaimed. City Charter Article VII Sec 7: An emergency measure is one passed by the affirmative vote of five-sevenths of the members of the council for the immediate preservation of the public peace, health or safety, in which the emergency is set forth and defined. An emergency measure shall take effect immediately upon its passage. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Glendale City Code:

  • 14-7
  • 14-2
  • 14-5

  Glendale City Charter:

  • Article VII Section 7

  Arizona Revised Statutes:

  • ARS 26-307
  • ARS 26-311

  
  

• Gilbert (click to expand)

  Specific code

  Town Code 1-65: Powers and duties of the mayor By proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or manmade calamity or disaster by reason of threats or occurrences of riots, routes or affrays or other acts of civil disobedience which endanger life or property within the town. After declaration of such emergency, the mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the town including, but not limited to: a.Imposition of a curfew on all or any portion of the town. b.Ordering the closing of any business. c.Closing to public access any public building, street or other public place. d.Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Gilbert Town Code: * 1-65

  Arizona Revised Statutes: * ARS 26-307

  • ARS 26-311

  
  

• Scottsdale (click to expand)

  Specific code

  City Code 10-1: Definitions Local Emergency means the existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its governing body and which require the combined efforts of other political subdivisions. State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision. State of war emergency means the condition which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent. City Code 10-3: (a)The City Council: (1)Shall have the power to make, amend and rescind regulations necessary for emergency preparedness, but such regulations shall not be inconsistent with regulations promulgated by the Governor. Any regulation issued by the Council is effective when a copy is filed in the Office of the City Clerk. (2)In a state of war emergency, may have, by resolution, such powers as are granted under Arizona Revised Statutes section 26-307C. (3)In the absence of specific authority in state emergency plans and programs, shall take emergency measures as deemed necessary to carry out the provisions of Arizona Revised Statutes title 26, chapter 2 [A.R.S. § 26-301 et seq.]. (4)May appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for emergency preparedness purposes. (b)In addition to the powers granted by other provisions of the law or city charter, the Mayor may declare an emergency or local emergency to exist by proclamation. Any emergency or local emergency so declared by proclamation shall continue until the next meeting of the City Council. The Council may convene a special meeting to initiate, renew, continue or revoke any emergency or local emergency for such period as it deems fit by majority vote. In no event shall any emergency so declared by proclamation continue for more than seven (7) days from first issuance. During an emergency or local emergency, the Mayor shall govern the city by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city until the next immediate meeting of the City Council at which time the City Council may by majority vote determine whether an emergency continues to exist or should be terminated. (c)During the periods of a declared emergency or local emergency the Mayor or Council may provide mutual aid to other political subdivisions when required; and may request the state or a political subdivision to provide mutual aid to the city. City Code 10-5: During emergencies, the Emergency Manager shall act as the principal advisor to the Mayor and Policy Group on emergency operations. The Emergency Manager shall assure coordination among emergency forces and with higher and adjacent governments, primarily seeing that the EOC functions effectively. The Emergency Manager shall assist the Mayor and City Manager in the execution of operations, plans and procedures required by the emergency. State statute ARS 26-307: A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict. C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter. State statute ARS 26-311: A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.

  Scottsdale City Code:

  • 10-1

  10-3

  • 10-5

  Arizona Revised Statut

  • es:

  ARS 26-307

  • ARS 26-311

California[edit]

• San Diego (click to expand)

  Specific code

  San Diego Municipal Code Section 51.0101 - 51.0105: The City of San Diego Disaster Council is created and shall consist of the following: (a) The Mayor, who shall be Chair and also the Director of Emergency Services; (b) The Chief Operating Officer, who shall be Vice Chair; (c) The Executive Director of the Office of Homeland Security; (d) Such Chiefs of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this article; and (e) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Chair with the advice and confirmation of the City Council. The City of San Diego Disaster Council shall develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chair, or, in the Chair’s absence from the City or inability to call such meeting, upon call of the Vice Chair, at least three times each calendar year. The Chair is empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Chair, the City Council shall take action to ratify the proclamation within seven days of the proclamation or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a state of emergency when, in the opinion of the Chair, the locally available resources are inadequate to cope with the local emergency. (3) Guide the effort of the emergency organization of the City for the accomplishment of the purposes of this Article. (4) Direct cooperation and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility within the emergency organization. (5) Represent the City in all dealings with public or private agencies on matters pertaining to a local emergency. State Government Code Section 8558: (c) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

  City code: 51.0101-51.0105

  California State Government Code: Title 2, Division 1, Chapter 7 (8558)

• Los Angeles (click to expand)

  Specific code

  City Charter Article II Sec. 231: The Mayor shall have the power and duty to declare a local emergency and coordinate the City’s emergency response activities in accordance with procedures established by ordinance, and supervise emergency preparedness activities in the various departments and offices, including the Mayor’s office, in a manner consistent with City policy Administrative Code 8.22: Definition The term “local emergency” as used in this chapter shall mean any occurrence which by reason of its magnitude is or is likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City government. Administrative Code 8.27: The Mayor is hereby empowered to declare the existence of a local emergency or disaster when he finds that any of the circumstances described in Section 8.22 hereof exist, or at any time a disaster or local emergency is declared by the President of the United States or the Governor of California. Said declaration by the Mayor shall be in writing and shall take effect immediately upon its issuance. The Mayor shall cause widespread publicity and notice to be given of such declaration through the most feasible and adequate means of disseminating such notice throughout the City. Whenever a local emergency is declared by the Mayor, the General Manager of the Emergency Management Department shall prepare, with the assistance of the City Attorney, a resolution ratifying the existence of a local emergency and the need for continuing the state of local emergency. The resolution shall be submitted by the Mayor to the City Clerk for presentation to the Council. The Council shall approve or disapprove the resolution within seven days from the date of the original declaration by the Mayor and at least every ten regular Council meeting days, but no longer than 30 calendar days, thereafter unless the state of local emergency is terminated sooner. Administrative Code 8.29: During the period of a local emergency, and with respect to emergency preparedness and response activities, the Mayor shall be the Director of the Emergency Operations Organization, and all powers and duties herein conferred upon the Board or any officer or chief of a division shall be exercised subject to the direction and approval of the Mayor. The Director is authorized to promulgate, issue and enforce rules, regulations, orders and directives which the Director considers necessary for the protection of life and property. Such rules, regulations, orders and directives shall take effect immediately upon their issuance, and copies thereof shall be filed in the Office of the City Clerk. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Los Angeles City Charter: Article II Sec. 231

  Los Angeles Administrative Code: 8.22 8.27 8.29

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• San Jose (click to expand)

  Specific code

  Municipal Code 8.08.210: The office of emergency services shall have the following duties: A.Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect. B.Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. Municipal Code 8.08.250: In the event of a proclamation of a local emergency, or the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the director is hereby empowered: A.To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council. B.To obtain vital supplies, equipment and such other properties needed for the protection of life and property, and to obligate the city for the fair value thereof and, if required immediately, to commandeer for public use. C.To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in Santa Clara County or the existence of a state of war emergency, to command the aid of as many citizens of this community as he or she deems necessary. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers. D.To requisition necessary personnel or material of any city department or agency. E.To execute all of the ordinary powers as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted by the city council, as well as all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority. Municipal Code 8.08.200 A. The city manager shall serve as the director of emergency services and head of the office of director of emergency services. B.The director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. C.The director shall appoint the assistant director of emergency services and shall designate the order of succession to that office. D.The office of emergency services coordinator shall, under the supervision of the assistant director and with the assistance of the chiefs of emergency services, develop emergency plans, manage the emergency programs of the city and shall have such other powers and duties as may be assigned by the director. City Charter Section 605: Ordinances to take effect immediately - An ordinance adopted as and declared by the Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety, containing a statement of the facts constituting such urgency, if adopted by the affirmative vote of at least five (5) members of the Council if the vote occurs on or before December 31, 1980 or by not less than eight (8) members of the Council if the vote occurs on or after January 1, 1981 State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  San Jose Municipal Code: 8.08.210 8.08.250 8.08.200

  San Jose City Charter: Section 605

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• San Francisco (click to expand)

  Specific code

  Administrative Code Sec. 7.6 (a) The Mayor is hereby empowered: (1) To proclaim the existence or threatened existence of a local emergency as set forth under Section 3.100 of the Charter of the City and County of San Francisco and to terminate the local emergency; (2) To request the Governor to proclaim a state of emergency when, in the opinion of the Mayor, the locally available resources are inadequate to cope with the emergency; (3) To control and direct the effort of the City and County Emergency Services organization for the accomplishment of the purposes of this Chapter; (4) To direct cooperation between and coordination of services and officers in charge of the Emergency Services organization of the City and County; and resolve questions of authority and responsibility that may arise between them; (5) To represent this City and County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and (6) To accept and approve on behalf of and without cost to the City and County, and in cooperation with the federal government and the State of California, licenses or privileges granted for the use of private property for the sole purpose of temporarily sheltering persons against fallout radiation from enemy attack. (b) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Mayor is hereby empowered and it shall be his or her duty: (1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; (2) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the City and County for the fair value thereof and, if required immediately, to commandeer the same for public use; (3) To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in this City and County or the existence of a state of war emergency, to command the aid of as many citizens of this community as the Mayor deems necessary in the execution of his or her duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers; (4) To requisition necessary personnel or material of any city department or agency; (5) To enter into agreements with public and private agencies for the performance of such special services and duties as may be necessary in the judgment of the Mayor to carry out the provisions of this Chapter; and (6) To execute all of his or her ordinary powers as Mayor, all of the special powers conferred upon him or her by this Chapter, and all powers conferred upon him or her by any other lawful authority. Administrative Code Sec. 7.4 - Powers and duties of San Francisco Disaster Council Administrative Code 7.1: Definition "Emergency" - As used in this Chapter, an emergency shall exist when proclaimed by the Mayor. It shall include, but is not limited to, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City and County caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, including conditions resulting from war or imminent threat of war or any actual or threatened enemy attack or sabotage, and upon which occurrences the responsibility devolves upon the regularly constituted authorities for the maintenance of public peace and order and to preserve life and property, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City and County, requiring the combined forces of other political subdivisions to combat. City Charter 3.100 In the case of an emergency threatening the lives, property or welfare of the City and County or its citizens, the Mayor may direct the personnel and resources of any department, command the aid of other persons, and do whatever else the Mayor may deem necessary to meet the emergency; In meeting an emergency, the Mayor shall act only with the concurrence of the Board of Supervisors, or a majority of its members immediately available if the emergency causes any member of the Board to be absent. The Mayor shall seek the Board's concurrence as soon as is reasonably possible in both the declaration of an emergency and in the action taken to meet the emergency. Normal notice, posting and agenda requirements of the Board of Supervisors shall not be applicable to the Board's actions pursuant to these provisions State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  San Francisco Administrative Code: Sec. 7.6 Sec. 7.4 Sec. 7.1

  San Francisco City Charter: 3.100

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Fresno (click to expand)

  Specific code

  Municipal Code Sec. 2-503: (a)The Mayor, or in his or her absence, the Council President, or in the absence of both the Mayor and Council President, the City Manager may request the Council of the City of Fresno to proclaim the existence or threatened existence of a disaster or emergency and the termination thereof, if said Council is in session, or to issue such proclamation if said Council is not in session, subject to confirmation by said Council at the earliest practicable time; (b)The Mayor, or in his or her absence, the Council President, or in the absence of both the Mayor and Council President, the City Manager may request the Governor to proclaim a state of emergency in the City or in an area in and around the City, when in the opinion of the Director the prevailing conditions are such that they are or are likely to become beyond the control of the services, personnel, equipment, and facilities of the City or the City in combination with any other local agency available to meet the emergency. Municipal Code Sec. 2-502: Definitions Disaster or Emergency shall mean any extraordinary air pollution, fire, flood, riot, storm, epidemic, earthquake, sudden and severe energy shortage or the threat thereof, or any actual or threatened enemy attack or sabotage, which causes or threatens to cause long term health issues, or loss of life or property and in which occurrences the responsibility devolves upon the regularly constituted authorities for the maintenance of public peace and order and the preservation of life and property. It shall not include any conditions resulting from a labor controversy. When proclaimed, as provided by this article, a disaster or emergency shall also mean "local emergency," within the meaning of the California Emergency Services Act. Municipal Code Sec. 2-506: Powers and duties of the Director of Emergency Services during an emergency State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Fresno Municipal Code: Sec. 2-503 Sec. 2-502 Sec. 2-506

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Sacramento (click to expand)

  Specific code

  City Code 2.116.020: As used in this chapter, “local emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. The terms “state of emergency” and “state of war emergency” shall have the meanings given them in California Government Code Section 8558. (Prior code § 72.01.110) City Code 2.116.040 - 2.116.060: It is the duty of the city disaster council, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and amendments thereto, such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements or amendments thereto. The disaster council shall meet upon call of the chairperson or, in his or her absence, from the city, or inability to call such meeting, upon call of the vice chairperson. A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services. The fire chief shall be the assistant director of emergency services. C. There is created the office of coordinator of emergency services which will be appointed by the director, to manage the emergency programs of this city, and shall have powers and duties as may be assigned by the director. A. The director is empowered to: 1. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall ratify the proclamation within seven days thereafter or if the council does not ratify, the proclamation shall have no further force or effect. The city council will review, at least every fourteen (14) days until a local emergency is terminated, the need for continuing the local emergency. The city council shall terminate the local emergency at the earliest possible date the conditions warrant. 2. Request the Governor to proclaim a “state of emergency” when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. 3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter. 4. Direct cooperation between and coordination of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them. 5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. a. To make and issue rules and regulations on matters responsibly related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use; c. To require emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which this city is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; d. To requisition necessary personnel or material of any city department or agency; e. To execute all of his ordinary power as city manager for the city, all of the special powers conferred upon him or her by this chapter, or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him or her by any statute, by any agreement or amendments thereto approved by the city council, and by any other lawful authority. B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings or otherwise perform his or her duties during an emergency; provided, however, such order of succession shall not be effective until approved by resolution of the city council. C. The assistant director shall, under the supervision of the director, with the assistance of emergency service chiefs and the coordinator, be responsible for the development of emergency plans and the management of the emergency programs of this city, and shall have such other powers and duties as may be assigned by the director. (Ord. 2000-017 § 4(a)(3); prior code § 72.01.150) State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Sacramento City Code: 2.116.020 2.116.040 - 2.116.060

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

• Long Beach (click to expand)

  Specific code

  Municipal Code 2.69.020: Definition "Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. Municipal Code 2.69.060-2.69.070: Duties of the Director of Civil Defense A.There is created the position of Director of Civil Defense. This position shall be filled by the City Manager. The title of Director of Emergency Services is coterminous and equally applicable. B.The Director is empowered to: 1.Request the City Council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the Council is in session, or issue such proclamation, if the Council is not in session; provided, however, in the event that such proclamation is by the Director alone the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. The City Council shall review at least every fourteen (14) days the need for continuing a local emergency and shall terminate it at the earliest possible date the conditions warrant; 2.Request the Governor of the State to proclaim a state of emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; 3.Control and direct the efforts of the emergency organization of this City for the accomplishment of the purposes of this Chapter; 4.Direct cooperation between and coordination of the services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them; 5.Represent the emergency organization of this City in all dealings with public or private agencies pertaining to emergencies as defined in this Chapter; 6.Appoint, with the consent of the City Council, and assistant Director of Civil Defense who, under his direction, shall also be known as the Coordinator of Emergency Services and be in charge of the Department of Emergency Preparedness; 7.Prepare and maintain, on a current basis, a disaster plan to be known as the City Emergency Plan. A portion of the Plan, referred to in the remainder of this Chapter as the basic plan, shall be effective upon approval of the City Council and shall be as more particularly described in this Chapter. Municipal Code 2.69.040: It shall be the duty of the Emergency Council, and it is empowered, to review and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Emergency Council shall meet upon call of the Chairman (the Mayor), or with his consent or in his absence from the City or inability to call such meeting, upon the call of the Vice-Chairman (the City Manager). State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Long Beach Municipal Code: 2.69.020 2.69.060-2.69.070 2.69.040

  California Government Code: Title 2, Chapter 7, Article 4 (8630-8634)

• Oakland (click to expand)

  Specific code

  City Code 8.50.050: The City's Emergency Services Organization and its corresponding powers, duties and responsibilities shall be as follows in conformance with State law: A.The Emergency Management Services Division of the Oakland Fire Department shall serve as the operational and organization center for the City's emergency disaster planning, response and recovery efforts. B.Mayor. During emergencies and disasters the Mayor shall be the official spokesperson for the City, establishing executive policies to manage the emergency and providing oversight and leadership during the response and disaster recovery process. C.City Administrator. During emergencies and disasters the City Administrator shall act as the Director of the Emergency Operations Center ("EOC"), and is empowered to exercise the following powers and responsibilities: 1.Control and direct the work of the City's Emergency Organization for the accomplishment of the purposes of this Chapter. Direct cooperation between and coordination of services and staff of the Emergency Organization, and resolve questions of authority and responsibility that may arise between them. 2.Represent this jurisdiction in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. 3.Proclaim a Local Emergency, when in the opinion of the City Administrator the circumstances indicate the existence or threatened existence of a Local Emergency. Whenever a Local Emergency is proclaimed by the City Administrator, the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect. The City Council and City Administrator shall review the need for continuing the Local Emergency at least once every thirty (30) days until the City Council officially terminates the Local Emergency. The Local Emergency shall be terminated as soon as reasonably possible. 4.Request the Governor to proclaim a State of Emergency when in the opinion of the City Administrator the circumstances are beyond the City's capacity to adequately respond to or recover from the emergency. 5.In the event of the proclamation of a Local Emergency by the City Administrator, the proclamation of a State of Emergency by the Governor, or the existence of a State of War Emergency, the City Administrator, as the EOC Director, is hereby empowered: (a)To promulgate orders, rules, and regulations on matters reasonably related to the protection of life and property and the preservation of public peace and order, in accordance with Article 14 of California Emergency Services Act. Such rules and regulations must be confirmed at the earliest practicable time by the governing body as required by law; (b)To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use; (c)To requisition necessary personnel or material of City departments and agencies, and to require emergency services of any officer or employee and, in the event of the proclamation of a State of Emergency in the county in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers; (d)To execute all ordinary powers vested on the City Administrator, and all the special powers conferred by law, statute, and any other lawful authority, including those powers delegated to the City Administrator by ordinance, resolution, the Emergency Plan, and by any agreement approved by the governing body. 7.The City Administrator shall designate representatives in the event the City Administrator is unavailable to attend meetings or otherwise perform her/his duties during an emergency, consistent with State law. City Code 8.50.020: Definitions "Local Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as air pollution, fire, flood, landslide storm, epidemic/pandemic, riot, earthquake, drought, hazardous materials incidents, sudden and severe energy shortage, plant or animal infestation, terrorism, the Governor's warning of an earthquake, conditions resulting from war or imminent threat of war, or other conditions which are or are likely to be beyond the capability or control of the services, personnel, equipment, facilities, or finances of the City, requiring the combined forces of other political subdivisions to combat. This definition shall be deemed to be consistent with the California Emergency Act's definition, as amended from time to time. "State Emergency" has the same meaning stated in the California Emergency Services Act, as amended from time to time. City Code 8.50.030-8.50.040: Membership, powers, and duties of Emergency Disaster Council State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Oakland City Code: 8.50.050 8.50.020 8.50.030-8.50.040

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Bakersfield (click to expand)

  Specific code

  "Municipal Code 2.44.010-2.44.060: Emergency powers of the Mayor Whenever riots, general civil disobedience or the threat of same occur in the city, and it is deemed necessary in order to suppress the riot or act of civil disobedience, or whenever the mayor, or in the event of his inability to act, the vice-mayor, at the request of the city manager on advice of the chief of police, determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of same, causing danger or injury to or damages to persons or property, he shall forthwith proclaim in writing the existence of a state of local emergency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after the next council meeting from the issuance thereof or upon the issuance of a proclamation by the city council determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by the city council. Municipal Code 2.40.020 - 2.40.060 “Emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. The city manager shall be the director of emergency services. The director is empowered: 1. To request the city council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to ratification by the city council at the earliest practicable time; 2. To ask and/or advise the mayor to request the governor to proclaim a state of emergency when in the opinion of the director, the locally available resources are inadequate to cope the emergency; 3. To control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; 4. To direct cooperation between and coordination of services and staff of the emergency organization of this city, and to resolve questions of authority and responsibility that may arise between them; 5. To represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2.40.020. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant."

  Bakersfield Municipal Code: 2.44.010-2.44.060 2.40.020-2.40.060

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Anaheim (click to expand)

  Specific code

  Municipal Code 6.04.010 - 6.04.060: “Emergency” or “local emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons or property within the City resulting from air pollution, fire, flood, storm, epidemic, riot, earthquake, actual or threatened enemy attack, actual or threatened acts of terrorism, sabotage, war or imminent threat of war, or other public calamity, except any condition resulting from a labor controversy, which conditions are or are likely to be beyond the effective control of the services, personnel, equipment and facilities of the City and which require the combining of forces with other communities or political jurisdictions to combat effectively. The Anaheim Disaster Council is hereby created and shall consist of the following: .010 The City Manager, who shall be chairman; .020 The Emergency Services Coordinator, who shall be vice-chairman; .030 The City Attorney or his representative; .040 Such chiefs of emergency services as are provided for in a current emergency plan of the City adopted pursuant to this chapter; and .050 Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the approval of the City Council. It shall be the duty of the Anaheim Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans, agreements, ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chairman or, in his absence from the City or inability to call such meeting, upon call of the vice-chairman. .010 There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. .020 There is hereby created the office of Assistant Director of Emergency Services, who shall be the Emergency Services Coordinator. .010 The Director of Emergency Services is hereby empowered to: .0101 Request the City Council to proclaim the existence or threatened existence of a local emergency, or termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council must ratify said proclamation within seven days thereafter or said proclamation shall have no further force or effect; .0102 Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; .0103 Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter; .0104 Direct cooperation between, and coordination of, services and staff of the emergency organization of the City, and to resolve questions of authority and responsibility that may arise between or among them; .0105 Represent the City in all dealings with public or private agencies on matters pertaining to any emergency. .020 In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered: .0201 To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; .0202 To obtain vital supplies, equipment, and such other properties found lacking and needed for protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; .0203 To require emergency services of any City officer or employee and, in the event of the proclamation of a local emergency or state of emergency in the county in which this City is located, or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; .0204 To requisition necessary personnel or material of any City department or agency; and .0205 To execute all of his ordinary powers and duties as City Manager, all of the special powers and duties conferred upon him by this chapter and by the emergency plan adopted pursuant hereto, and all powers and duties conferred upon him by any statute, agreement, or other lawful authority. .030 The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable or unable to perform his duties during an emergency. .040 The Assistant Director of Emergency Services shall, under the supervision of the Director and with the assistance of emergency service personnel, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Anaheim Municipal Code: 6.04.010-6.04.060

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Santa Ana (click to expand)

  Specific code

  Municipal Code Sec. 2-400 - Sec. 2-402: Emergency or local emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency", which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of war emergency — Means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. 1. There is hereby created the position of director of emergency services, who shall have full authority over the operations and resources of the city during a proclaimed emergency, and this position shall be filled by the city manager. There is also created the position of deputy director of emergency services, which shall be filled by the chief of police. In the absence or the inability to act of the city manager, he/she shall automatically be succeeded as director of emergency services by the following officials in the order named: 1.Deputy director of emergency services/chief of police. 2.Deputy city manager. 3.Director of public works. 4.Director of finance and management services. 5.Director of planning and building. Additionally, the city manager may designate a specific official to act as director of emergency services based upon the circumstances of a specific emergency event. An official designated as director may appoint a subordinate with command or management authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. The director of emergency services is empowered to: 1.In accordance with the provisions of Section 2-404A, request the city council to proclaim the existence or threatened existence of a local emergency, if the city council is in session; or to issue such proclamation if the city council is not in session, 2.Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does so), 3.Control and direct the efforts of the emergency organization of the city for the accomplishment of the purposes of this division, 4.Direct cooperation between, and coordination of, the services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise among them, 5.In the event of the proclamation of a local emergency as provided herein, or the proclamation of a state of emergency by the governor or the director of the governor's office of emergency services, or the existence of a state of war emergency, the director is hereby empowered to: a.Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency; or to suspend rules, regulations, orders or directives; provided such rules and regulations or suspensions are confirmed by the city council at the earliest practicable time, b.Requisition necessary personnel or material of any city department or agency, c.Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the city for the fair value thereof and, if required immediately, to commandeer the same for public use, d.Require emergency service of any city officer or employee, and to command the aid of the citizens of this community, e.Execute all of the ordinary powers and duties as city manager, all special powers and duties conferred upon the city manager by this division and by the emergency operations plan adopted pursuant hereto, all powers and duties conferred upon him/her by any statute, agreement or other lawful authority, and in conformity with Section 38791 of the California Government Code, to exercise complete authority over the city and to exercise all police powers vested in the city by the constitution and general laws. The city council is empowered to: 1.Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies or disasters, 2.In accordance with the provisions of Section 2-404A, proclaim the existence or threatened existence of a local emergency, if in session; or to ratify such proclamation made by the director if not in session, 3.During a local emergency, pursuant to Section 415 of Article IV of the Municipal Code, city council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City council may review rules, regulations, orders or directives or suspensions thereof issued by the director pursuant to subsection C.2. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Santa Ana Municipal Code: Sec. 2-400 - Sec. 2-402

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Riverside (click to expand)

  Specific code

  "Municipal Code 9.20.010 - 9.20.050 ""Local emergency"" - shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the County of Riverside or the City of Riverside, caused by such conditions as air pollution, fire, flood, storm, epidemic, pandemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, including conditions resulting from war or imminent threat of war, severe or imminent threat of terrorist attack, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the State Public Utilities Commission. ""State of emergency"" shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, pandemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the State Public Utilities Commission. ""State of War Emergency"" shall mean the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or Nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the Federal government indicating that such an enemy attack is probable or imminent. There is hereby created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. The City Manager shall act as the Director of Emergency Services and shall have full authority over a declared emergency. In the absence, or in the inability to act, of the City Manager, he/she shall automatically be succeeded as Director of Emergency Services by the following officials in the order named: (1)Assistant Director of Emergency Services. (2)Assistant City Manager(s). (3)Fire Chief. (4)Police Chief. (5)Public Utilities General Manager. (6)Public Works Director.(7)Finance Director. The Director of Emergency Services is empowered to: 1.Request the City Council to proclaim the existence of a ""local emergency"" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect. Pursuant to Government Code Section 8630, the City Council shall review, at least every 14 days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant. 2.Request the Governor to proclaim a ""state of emergency"" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. 3.Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this title. 4.Direct cooperation and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them. 5.Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. 6.To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. 7.To obtain vital supplies, equipment and such other properties found lacking and required for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use. In so acquiring such property, the City waives no immunities and incurs no liabilities other than those at common law or those liabilities created by applicable State or Federal law. 8.To require emergency services of any City officer or employee and to command the aid of as many citizens of this community as he deems 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 disaster service workers. 9.To requisition necessary personnel or material of any City department or agency. 10.To execute all of his/her ordinary power as City Manager, all of the special powers conferred upon him/her by this title or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. Municipal Code 9.20.060 - 9.20.070 A local emergency may be declared upon such situation of extreme peril that immediately or that such likelihood that extreme peril is imminently likely to threaten lives and property; and by reason of its magnitude is or is likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City government. The Director of Emergency Services may request of the City Council to proclaim the existence of a ""local emergency"" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect. The City Council shall review, at least every 30 days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant."

  Riverside Municipal Code: 9.20.010 - 9.20.050 9.20.060 - 9.20.070

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Stockton (click to expand)

  Specific code

  Municipal Code 2.82.010 - 2.82.080: “Emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of the political subdivisions to combat. The City of Stockton Disaster Council is hereby created and shall consist of the following: A. The City Manager, who shall be chairperson. B. The Deputy Director of Emergency Services, who shall be the vice-chairperson. C. The Assistant Director of Emergency Services. D. Emergency organization chiefs, including the Chief of Police, Fire Chief, Director of Public Works, Director of Municipal Utilities, Director of Finance, Director of Parks and Recreation, Director of Community Development, Director of Human Resources and City Physician. E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. It is the duty of the City of Stockton Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chairperson or, in his or her absence from the City or inability to call such meeting, upon call of the vice-chairperson. The City Manager shall be the Director of Emergency Services. The Director is hereby empowered to: A. Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. B. Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. C. Control and direct the efforts of the emergency organization of this City for the accomplishment of the purposes set forth herein. D. Direct cooperation between the coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them. E. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Stockton Municipal Code: 2.82.010 - 2.82.080

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Chula Vista (click to expand)

  Specific code

  Municipal Code 2.14.010 - 2.14.100 “Emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. The Disaster Council shall consist of the following: A. The Mayor, who shall be chair; B. The Director of Emergency Services, who shall be vice-chair; C. The Assistant Director of Emergency Services; D. Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this chapter; E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. It shall be the duty of the Disaster Council, and it is empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. There is created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is created the office of the Assistant Director of Emergency Services, who shall be appointed by the Director. The Director of Emergency Services is empowered to: A. Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation at their next regularly scheduled Council meeting held after the date of the proclamation, or the proclamation shall have no further force or effect unless terminated sooner by the City Council at a special meeting called by the Council for that purpose; B. Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; C. Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this chapter; D. Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them; E. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; F. In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the Director is hereby empowered: 1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, 2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use, 3. To require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which this City is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he deems 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 disaster service workers, 4. To requisition necessary personnel or material of any City department or agency, and 5. To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, and by any other lawful authority. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Chula Vista Municipal Code: 2.14.010 - 2.14.100

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Irvine (click to expand)

  Specific code

  Municipal Code Sec. 4-9-101 - Sec. 4-9-107: Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of emergency and state of war emergency shall have the meanings ascribed to them in the Emergency Services Act, California Government Code § 8558(a) and (b), or successor statute. The Irvine Disaster Council is hereby created and shall consist of the following: A.The Mayor, who shall be chair. B.The Director of Emergency Services, who shall be vice-chair. C.The Assistant Director of Emergency Services. D.Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this division. E.Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. It shall be the duty of the Irvine Disaster Council and it is hereby empowered to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chair or, in his or her absence from the City or inability to call such meeting, upon call of the vice-chair. A.There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. B.There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. The Director is hereby empowered to: 1.Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. 2.Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. 3.Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this division. 4.Direct cooperation between and coordination of services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them. 5.Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. 6.In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered: a.To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; b.To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; c.To require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County in which this City is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers; d.To requisition necessary personnel or material of any City department or agency; and e.To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this division or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Irvine Municipal Code: Sec. 4-9-101 - Sec. 4-9-107

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• Fremont (click to expand)

  Specific code

  Municipal Code 2.20.060 - 2.20.110: As used in this article, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. The city of Fremont disaster council is hereby created and shall consist of the following: (a) The director of emergency services, who shall be chairman. (b) The assistant director of emergency services, who shall be vice-chairman. (c) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this article. (d) Such representatives of school, hospital, flood control, water, and sanitary districts, or other organizations having an official emergency responsibility, as may be appointed by the director. It shall be the duty of the city of Fremont disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman or, in his/her absence from the city or inability to call such meeting, upon the call of the vice-chairman. (a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services. (b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (a) The director is hereby empowered to: (1) Request the city council to proclaim the existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) Request the governor to proclaim a “state of emergency” when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this article. (4) Direct cooperation between the coordination of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (b) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the governor or the director of the state office of emergency services, or the existence of a “state of war emergency,” the director is hereby empowered: (1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; (2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use; (3) To require emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which this city is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (4) To requisition necessary personnel or material of any city department or agency; and (5) To execute all his/her ordinary power as city manager, all of the special powers conferred upon him/her by this article or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council, and by any other lawful authority. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  Fremont Municipal Code: 2.20.060 - 2.20.110

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

  
  

• San Bernardino (click to expand)

  Specific code

  Municipal Code 2.46.010 - 2.46.090: “Emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat. The San Bernardino Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be Chair; B. The Director of Emergency Services, who shall be Vice Chair; C. The Assistant Director of Emergency Services; D. Such Chiefs of Emergency Service as may be provided for in a current emergency plan of the City adopted pursuant to this chapter; and E. Such other representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the Mayor and City Council, the City’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules, and regulations as may be necessary to implement such plans and agreements. The City’s emergency plan shall provide for the effective mobilization of all the City’s resources, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon the adoption of a resolution by the Mayor and City Council. A. There is hereby created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. B. There is hereby created the position of Assistant Director of Emergency Services, who shall be appointed by the Director. When the Director of Emergency Services is not available, the Assistant Director of Emergency Services shall become Acting Director and assume the powers and duties of the Director. The Director is hereby empowered to: (1) Request the Mayor and City Council to proclaim the existence or threatened existence of a “local emergency,” if the City Council is in session, or to issue such proclamation, if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the Mayor and City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect; (2) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the circumstances are beyond the City’s capacity to adequately respond to or recover from the emergency; (3) Control and direct the efforts of the City’s emergency organization for the accomplishment of the purposes of this chapter; (4) Direct cooperation between and coordination of services and staff of this emergency organization and resolve questions of authority and responsibility that may arise between them; (5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; (6) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor, or the existence of a “state of war emergency,” the Director is hereby further empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, provided, however, that such rules and regulations are confirmed at the earliest practicable time by the City Council; (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use; (c) To require emergency services of any officer or employee and, in the event of the proclamation of a “state of emergency” in the County of San Bernardino or the existence of a “state of war emergency,” to command the aid of as many residents of the City as may be necessary in the execution of duties, provided that all such persons are given all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the departments or agencies; and (e) To execute all ordinary power as City Manager, all of the special powers conferred by this ordinance or by resolution or emergency plan adopted pursuant to this chapter, all powers conferred by any statute, by any agreement approved by the Mayor and City Council, and by any other lawful authority. State Government Code Title 2, Chapter 7, Article 14 (8630-8634): (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

  San Bernardino Municipal Code: 2.46.010 - 2.46.090

  California Government Code: Title 2, Chapter 7, Article 14 (8630-8634)

Colorado[edit]

• Denver (click to expand)

  Specific code

  Municipal Code 16-11 - 16-14: (a)The office of emergency management shall be under the direction of the director of emergency management. The director of emergency management shall be appointed by the mayor and shall serve at the pleasure of the mayor. (b)The director of emergency management shall appoint deputies and other staff members both salaried and volunteer, and delegate such powers and duties within the means at his/her disposal as he/she sees proper. The scope of the activities of the office of emergency management shall be in accordance with the national standard of emergency management in the areas of preparedness, response, recovery and mitigation. (c)The director or his designee shall chair the local emergency planning committee as approved by the Colorado Emergency Planning Commission. The office of emergency management shall be charged with the duty of coordinating preparedness and management activity related to disasters and major emergencies within the city and shall, in conformity with the rules and regulations hereinafter provided for, do the following: (1)Develop, revise, and exercise Denver's emergency plan and its annexes in coordination with other city agencies; (2)Manage the emergency operations center to provide a coordinated response by the city to disasters and other emergencies; (3)Coordinate the activities of municipal and private agencies cooperating in the emergency management program; (4)Sponsor and carry out instruction and training of city personnel and privately owned or operated logistic support groups in order to secure unity, balance and coordination in the emergency management program; (5)At the direction of the mayor, provide City and County of Denver resources to neighboring jurisdictions in time of crises for the prevention of injury or loss of life; (6)On behalf of the city, negotiate with other municipalities and other governmental units in the state and work out such mutual aid agreements for reciprocal assistance in major emergencies as may be deemed necessary. The scope of such mutual aid agreements may encompass all facets of the plans for emergency management and mutual aid or any part or parts of such plans, and the mutual aid agreements shall be signed by the mayor and may pledge the assistance and cooperation of the city to meet all major emergencies or disasters in return for like pledges from other governmental entities, as aforesaid; (7)Support the activities of the local emergency planning committee to implement the superfund; and (8)Perform such other functions as may be required in connection with the federal, state and city emergency management programs. City Charter Article VI Sec. 2-98: Any adopting authority may adopt rules without following the notice and hearing requirements of this article if such action is necessary to comply with state, local or federal law or if it is deemed necessary by the adopting authority to protect immediately the public health, safety or welfare. After adoption, the complete text of rules so adopted shall be filed with the city clerk and a notice of adoption shall be published. Rules adopted in such cases shall take effect on the date of adoption, or such later date as stated in the notice of adoption of the rules. However, such rules shall not continue in effect for more than one hundred eighty (180) days after the date of their adoption and may not be re-adopted in the same or substantially the same form without meeting the rule-making requirements described in other sections of this article. State statute 24-33.5-707 - 24-33.5-709: (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans. (3) No interjurisdictional emergency management agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional emergency management agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

  Denver Municipal Code: 16-11 - 16-14

  Denver City Charter: Article VI Sec. 2-98

  Colorado Revised Statutes: C.R.S. 24-33.5-707 - 24.33.5-709

• Colorado Springs (click to expand)

  Specific code

  City Code 8.7.103 - 8.7.104: 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) 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) City Code 8.7.102: 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. City Code 8.7.105 - 8.7.107: 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) City Charter 4-10: The Mayor may take command of the police and govern the City by proclamation in times of public danger or emergency. City Charter 3-10: The Council may review a Mayor's proclamation in times of public danger or emergency, and may terminate such proclamation at any time by a majority vote of the Council. State statute 24-33.5-707 - 24-33.5-709: (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans. (3) No interjurisdictional emergency management agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional emergency management agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

  Colorado Springs City Code: 8.7.103 - 8.7.104 8.7.102 8.7.105 - 8.7.107

  Colorado Springs City Charter: 4-10 3-10

  Colorado Revised Statutes: C.R.S. 24-33.5-707 - 24-33.5-709

  
  

• Aurora (click to expand)

  Specific code

  City Code 38-34: An emergency may be declared by the city manager in accordance with the following conditions: (1)The city manager shall have the power to verbally declare that a state of emergency exists, when in his or her opinion an emergency has occurred or the threat of an emergency is imminent. The declaration of a state of emergency shall be disseminated promptly by means calculated to bring it to the attention of the general public. The written proclamation of emergency shall be signed by the city manager as soon as reasonably possible in light of the circumstances created by the emergency. The city manager shall be charged with the duty and responsibility of putting the emergency measures into effect. (2)The emergency and proclamation shall remain in effect only so long as, in the opinion of the city manager, emergency powers are necessary to be invoked for the health, safety or welfare of the residents of or property in the city. (3)The emergency shall be terminated by the city manager by a written proclamation stating that the emergency situation theretofore found to exist is no longer a condition that threatens the health, safety or welfare of residents of or property in the city. (4)The emergency proclamation may activate in writing any relevant provisions of the disaster emergency plan, except that the disaster emergency powers shall not be invoked for an emergency. (5)In addition to any other extraordinary powers the city manager may have to deal with the emergency, the city manager may exercise the following powers by the emergency proclamation: a.Order the closing of all retail malt, vinous and spirituous liquor outlets and all fermented malt beverage outlets and order the closing of all private clubs wherein the consumption of intoxicating liquor or beer is permitted. b.Order the discontinuance of selling, distributing or giving away of any gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. c.Order the closing of gasoline stations and other establishments whose principal business activity is the sale or distribution and dispensing of liquid flammable or combustible materials. d.Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever and order the closing of any or all establishments or portions thereof which engage in the sale, distribution, dispensing or giving away of firearms and ammunition. e.Designate certain areas of the city as being restricted against entry therein by any unauthorized persons, except bona fide residents living or working within the restricted area. f.Declare a public curfew during such hours as set forth in the proclamation prohibiting all persons, except those expressly authorized, from being upon the public streets or in any public or private place in the city. g.Establish a communications headquarters for the dissemination of all public information, which shall be the official headquarters for any public report relating to the emergency. h.Such other orders which in the sole discretion of the city manager are necessary to preserve public peace, health and safety. City Code 38-27: Disaster means an occurrence or imminent threat of widespread or severe damage, injury and loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, nuclear incident, epidemic, blight, drought, infestation, explosion, aircraft crash, riot, chemical or oil spill or other contamination of air or water requiring immediate action to avert danger or damage or any other declared disaster that requires the aid and assistance of outside, local, state or federal agencies. Disaster emergency services means services designed to carry out the basic essential government functions of maintaining public peace, health and safety during a disaster. Emergency means a threat to the health, safety or welfare of an area of the city or a group of citizens, but not of such magnitude and severity as to constitute a disaster, and includes but is not limited to fire, flood, water and power shortages, explosions, contaminations and civil disturbances involving three or more persons acting together accompanied by violence or threat of imminent force. City Code 38-31 - 38-33: (a) Powers of city manager - The city manager shall have the power to verbally declare that a state of disaster exists, when in his or her opinion a disaster has occurred or the threat of a disaster is imminent. The declaration of a state of disaster shall be disseminated promptly by means calculated to bring it to the attention of the general public. (b)Duration of state of disaster - The state of disaster shall continue until the city manager finds that the threat of danger has passed or the disaster has been dealt with to the extent that disaster conditions no longer exist and terminates the state of disaster. No state of disaster may continue for longer than seven days unless renewed by the consent of the majority of the city council. The city council may terminate by motion a state of disaster at any time, whereupon the city manager must issue a proclamation ending the state of disaster. (c)Proclamation of state of disaster - The proclamation of disaster shall be prepared in written form and shall describe the nature of the disaster, the area threatened, the conditions which have brought it about and the conditions that would make possible the termination of the state of disaster. The written proclamation of disaster shall be signed by the city manager as soon as reasonably possible in light of the circumstances created by the disaster. Such proclamation shall be disseminated to the public by proper publication. The issuance of a proclamation declaring a state of disaster shall automatically empower the city manager to exercise any and all of the disaster powers contained in this article and shall activate all relevant portions of the disaster emergency plan. The city council may convene to perform its legislative powers as the situation demands and shall receive reports relative to disaster operations. Nothing in this article shall abridge or curtail the powers of the city council. (d)Promulgation of regulations - During any period when a disaster proclamation is in effect, the city manager may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to: (1)Prohibiting or restricting the movement of vehicles in order to facilitate the work of disaster forces or to facilitate the mass movement of persons from critical areas within or without the city; (2)Regulating the movement of persons from areas deemed to be hazardous or vulnerable to disaster; (3)Declaring a public curfew; (4)Temporarily seizing any nonresident building for the purpose of providing temporary shelter for displaced disaster victims; (5)Closing or regulating the business hours of any commercial establishment in the city when such closing or regulation is in the public interest; (6)Prohibiting the sale and distribution of any product, item or materials when such prohibition is in the public interest; (7)Seizing any food, clothing, water or medical supplies necessary to sustain displaced disaster victims; and (8)Such other regulations necessary to preserve public peace, health and safety. Regulations promulgated in accordance with the authority in this subsection will be given widespread circulation by disseminating the regulations to newspaper, radio and television media. Violation of these regulations will be subject to the penalties provided for in this article. State statute 24-33.5-707 - 24-33.5-709: (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans. (3) No interjurisdictional emergency management agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional emergency management agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

  Aurora City Code: 38-34 38-27 38-31 - 38-33

  Colorado Revised Statutes: C.R.S. 24-33.5.707 - 24-33.5-709

  
  

Florida[edit]

• Miami (click to expand)

  Specific code

  City charter 4(g)3: In time of public danger or emergency, the mayor may declare a state of emergency as provided in state law and may with the consent of the city commission, take command of the police and maintain order and enforce the laws. City code 45-2 and 6: Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to health, safety, welfare or protection of persons, or damage to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part or parts thereof, in accordance with the provisions of the city Charter, even in the absence of a declaration of a state of emergency at the county, state, and/or federal level. A state of emergency established under this chapter shall commence upon the declaration thereof by the mayor as set forth in section 45-2 and shall terminate at the end of 72 hours unless prior to the end of such 72-hour period the city commission shall, by resolution, terminate such state of emergency or shall declare an additional period of time for which the state of emergency shall exist. If the city commission fails to extend the state of emergency, the state of emergency is terminated. State code - 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  State code: Florida statutes 252.38

  City charter/code:

  Miami Charter Section 4)3(g

  Miami City Code Section 45-2 and 45-6

• Jacksonville (click to expand)

  Specific code

  City Code Sec. 674.206 - 674.207: (a)The Mayor is responsible for meeting the dangers presented to the City and its people by a disaster. The Mayor may issue executive orders, proclamations and regulations and amend or rescind them in the fulfillment of this responsibility, and these executive orders, proclamations and regulations shall have the force and effect of law during the period for which they are effective. During the continuance of a state of disaster emergency, the Mayor is commander-in-chief of the emergency preparedness forces available for emergency duty. To the greatest extent possible, the Mayor shall delegate or assign command authority by prior arrangement embodied in the emergency preparedness plan or in appropriate executive orders or regulations, but this shall not restrict his authority to do so by orders issued at the time of and during the disaster emergency. (b)A disaster emergency shall be declared by proclamation of the Mayor if he finds that a disaster has occurred or that the occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the Mayor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and he terminates the state of disaster emergency by proclamation; but no state of disaster emergency may continue for longer than 30 days unless renewed by the Mayor. At the same time that the state of disaster emergency is declared, the Mayor shall convene the Council in special meeting, at which he shall report to the Council all the facts and circumstances concerning the disaster and his recommendations in connection therewith. The Council by resolution may terminate a state of disaster emergency at any time, whereupon the Mayor shall issue a proclamation ending the state of disaster emergency. A proclamation issued under this subsection shall indicate the nature of the disaster, the area or areas of the City threatened by it, and the conditions which have brought it about or which make possible the termination of the state of disaster emergency. A proclamation issued under this subsection shall be promptly disseminated by means calculated to bring it to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, it shall be promptly filed with the Council Secretary. (c)Whenever a mock or practice disaster alert is to be called, for the purpose of training and exercising part or all of the emergency preparedness organization, the proclamation shall clearly state that a mock or practice alert is being called and that no state of disaster emergency actually exists. The Mayor is not required to convene the Council in special meeting for a mock or practice disaster alert, and any proclamations, orders and regulations issued by the Mayor during a mock or practice disaster alert shall not carry the force of law. City Code Sec. 674.301 - 674.304: In the event of overt acts of violence or the imminent threat of violence within the City, and when the Governor has not declared a state of emergency to exist, the Mayor is authorized, by proclamation, to declare that a state of civil emergency exists in the City and to exercise one or more, or all, of the emergency powers granted by this Part. Whenever the Mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law and substantial injury to persons or property, all of which constitute an imminent threat to public peace or order and to the general welfare of the City or a part or parts thereof, he may declare that a state of civil emergency exists within the City or any part or parts thereof. City Code Sec. 674.307: A state of civil emergency declared pursuant to Section 674.302 shall commence upon the declaration thereof by the Mayor and shall terminate at the end of a period 72 consecutive hours thereafter unless, prior to the end of the period, the Mayor by proclamation or the Council by resolution shall terminate the state of civil emergency. An extension of the 72-hour time limit must be accomplished by request from the Mayor and the concurrence of the Council by resolution adopted in regular or special meeting. City Code Sec. 674.103: Definitions Disaster means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including enemy attack, sabotage, terrorism or other hostile military or paramilitary action, fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion or accident involving radiation by-products. Emergency means:(1)The occurrence or imminent threat of localized damage, injury or loss of life or property resulting from a natural or man-made cause.(2)The occurrence or imminent threat of riot, rout, riotous assembly or overt acts of violence disturbing the public peace or safety. State statute 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  Jacksonville City's Ordinance Code: Sec. 674.206 - 274.207 Sec. 674.301 - 674.304 Sec. 674.307 Sec. 674.103

  Florida State Statutes: [1] 252.38

• Tampa (click to expand)

  Specific code

  City Code Sec. 2-401 - 2-404: Disaster means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause. These can include, but are not limited to, fire, flood, hurricane, wind, thunderstorm, tornado, hazardous material spill, epidemic, air contamination, critical material shortage, infestation, act of terrorism, cyber attack, explosion, radiological dispersion or other major incident requiring emergency action to avert danger or damage. Emergency management means all those activities and measures undertaken by or on behalf of the city, designed: 1.To minimize the effect upon persons and property of natural or man-made disasters; 2.To deal with the immediate emergency conditions created by natural or man-made disasters; and3.To effectuate emergency repairs to, or emergency restoration of, vital public utilities and facilities destroyed or damaged by natural or man-made disasters. (a)A state of local emergency shall be declared by executive order of the mayor if the mayor finds that an emergency, as defined in F.S. § 252.34, has occurred in the city or that the threat thereof is imminent. All executive orders issued under this article shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. The executive order shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order shall be filed promptly with the city clerk's office. (b)The duration of each state of local emergency declared is seven (7) days; it may be extended, as necessary, in seven (7) day increments by executive order. (c)Any state of local emergency declared may be altered during the continued or threatened existence of a state of local emergency, or rescinded, in the event that the emergency conditions cease to exist, by the issuance of a subsequent executive order(s). (d)In the event a state of local emergency declared pursuant to this section has been in effect continuously for more than thirty (30) days, and in the event a state or federal state of emergency is not also in effect, the mayor shall appear before city council at its next regular meeting to present the reasons for further continuance of the state of local emergency. If upon presentation of the mayor, the city council determines emergency conditions exist, the city council may extend the local state of emergency by resolution of the council. If upon presentation by the mayor, city council finds that emergency conditions no longer exist, city council may terminate the local state of emergency by resolution of the council. The mayor shall retain the authority to continue to extend any state of local emergency, pursuant to subsections 2-402(b) and (c), in seven-day increments in excess of thirty (30) days when: (1)A declared state or federal state of emergency continues to exist; (2)City council has not yet acted pursuant to this subsection (d); (3)City council has acted to extend the local state of emergency pursuant to this subsection (d). State statute 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  Tampa City Code: Sec. 2-401 - 2-404

  Florida State Statute [2] 252.38

• Orlando (click to expand)

  Specific code

  City Code Sec. 43A.01 - 43A.07: State of emergency means the actual existence of or a clear and present danger of: (1)Riot or other general public disorder; or (2)Widespread disobedience of the law, characterized by the use of force or violence or any threat to employ force or violence; or (3)Any natural disaster or manmade calamity including but not limited to flood, conflagration, cyclone, tornado, hurricane, earthquake, explosion, within or seriously affecting the City; and (4)Substantial injury to persons or to property which constitutes an imminent threat to public peace or order and to the general welfare of the City, or any part or parts thereof, to such an extent that extraordinary measures should or must be taken to protect the public health, safety and welfare. (a)If the Governor has not declared a state of emergency within the City of Orlando and/or the Mayor determines that there exists one or more of the circumstances set forth in Section 43A.01(a), and on account thereof, there is reason to believe that there exists a state of emergency as defined in Section 43A.01(a), the Mayor may declare that a state of emergency exists within the City, or any part or parts thereof, and invoke the automatic and discretionary prohibitions detailed below, or any of them.(b)The Mayor shall forthwith proclaim in writing the existence of the same, and file a copy thereof with the Chief of Police, Chief of Fire Department, and the City Clerk. The Mayor shall also give prompt notice thereof to all local newspapers of general circulation and to radio or television or other news media as reasonably deemed advisable. Because of the imperative necessity for quick and official response, the state of emergency shall commence immediately upon the Mayor's proclamation, and shall terminate only upon subsequent mayoral or governor's proclamation, or by resolution of the City Council adopted in regular or special session. The duration of each state of emergency is limited to seven (7) days; it may be extended, as necessary, in seven (7) day increments. The findings of the Mayor or the City Council on all matters pertaining to this section shall be conclusive. Whenever the Mayor proclaims that a state of emergency exists, the Mayor may then, or subsequently by further proclamation, order and promulgate all or any of the emergency measures provided in this section, in whole or in part, with such limitations and conditions as is deemed appropriate, to be applicable to the whole or to any geographical area of the City, and at such times, as he reasonably believes advisable. Such measures shall be effective only during the period of such state of emergency, and they shall be set forth by the proclamation in substantially the same manner as the following subsections: (a)Discretionary Prohibition upon Display or Sale of Weapons and Possession in a Public Place. (1)Sale or Transfer of Weapons. Until further notice from the Office of the Mayor, all persons are prohibited from selling or offering to sell, with or without consideration, purchasing, transferring, giving, distributing or exchanging any weapon; except, that this provision does not apply as between duly authorized law enforcement officials acting in the official performance of their duty. (2)Display of Weapons in Stores. Until further notice from the Office of the Mayor, the display by or in any store or shop of any weapon is prohibited. (3)Possession of Weapons. Until further notice from the Office of the Mayor, the knowing possession in a public place of any weapon, except by duly authorized law enforcement officials or persons in military service acting in the official performance of their duty, is prohibited. (b)Discretionary Prohibitions upon Alcoholic Beverages, Flammable Liquids and Explosive Substances, and Public Congregations; Curfews. (1)Dispensing of Alcoholic Beverages. Until further notice from the Office of the Mayor, all persons are prohibited from selling or distributing any alcoholic beverage with or without payment or consideration therefor. (2)Possession of Alcoholic Beverages. Until further notice from the Office of the Mayor, the possession by any person in a public place of any container or vessel containing an alcoholic beverage is prohibited. (3)Sale or Transfer of Flammable or Explosive Substances. Until further notice from the Office of the Mayor, all persons are prohibited from knowingly purchasing, transferring, with or without consideration, giving, distributing or exchanging any flammable or explosive substance such as but not limited to gasoline, kerosene, lighter fluid, charcoal lighter, wood alcohol, fuel oil, phosphorous, magnesium, grenade, Molotov cocktail or dynamite; except, that filling stations may pour fuels into a tank properly affixed to an operable motor driven vehicle, bike, scooter, cycle, boat or airplane, when necessary for the propulsion thereof; and except, that heating substances may be delivered to residences, stores, office and other buildings, when poured into tanks properly affixed or connected to operable heating units. For the purposes of this part, the words "flammable or explosive substance" do not include ammunition, or components thereof, as defined in Chapter 790, Florida Statutes.(4)Possession of Flammable or Explosive Substances. Until further notice from the Office of the Mayor, the knowing possession in a public place of any container containing any flammable or explosive substance, such as those enumerated in subsection (3) of this section is prohibited. For the purposes of this part, the words "flammable or explosive substances" do not include ammunition, or components thereof, as defined in Chapter 790, Florida Statutes. (5)Establishment of Curfew. Until further notice from the Office of the Mayor, all persons in the City (or in certain geographical areas thereof specifically designated), are prohibited from being abroad in vehicles or on foot between the hours of _______ and _______, except for persons actually engaged in the performance of governmental or emergency duties, doctors of medicine or dentistry and other medical personnel proceeding to or from their places of work and their patients, public service employees proceeding to or from their places of work, on-duty operators of ambulances or other emergency vehicles, and members of the media. (6)Public Congregations. Until further notice from the Office of the Mayor, it is prohibited for any person or persons in a public place, to refuse to obey a reasonable and lawful command of a police officer or other law enforcement official to leave the immediate area or disperse, when fairly made to prevent a breach of the peace. Until further notice from the Office of the Mayor, all places of public assemblage are closed (with any designated exceptions). (c)Discretionary Closing of Public Parks. Until further notice from the Office of the Mayor, all public parks (or certain public parks specifically designated) are closed and all persons are prohibited from entering into or being physically present in said parks, except for persons actually engaged in the performance of governmental or emergency duties in or about said parks. The Mayor of the City of Orlando is hereby designated as the person empowered to declare that a state of emergency exists within the City limits of the City of Orlando as provided by Florida Statutes chs. 252 and 870 and to exercise all powers conferred in the said act, which powers are expressed further and determined to be cumulative to those set forth in Section 43A.01 through Section 43A.05, hereinabove inclusive. State statute 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  Orlando City Code: 43A.01 - 43A.07

  Florida State Statute: 252.38

• St. Petersburg (click to expand)

  Specific code

  City Code Sec. 2-425 - 2-427: Emergency means the occurrence or imminent threat of widespread or substantial damage, injury, or loss of life or property resulting from any natural, artificial, or human cause. This may include, but is not limited to, fire, flood, hurricane, wind, thunderstorm, tornado, hazardous material spill, epidemic, air contamination, critical material shortage, infestation, act of terrorism, cyber-attack, explosion, radiological dispersion or other major incident requiring emergency action to avert danger or damage. State of emergency means a state of local emergency authorized by F.S. § 255.38 and declared within the limits of the City in accordance with subsection (c). (c)Declaration and duration of state of emergency. (1)If an emergency poses an immediate danger to the public health, safety, or welfare of any portion of the City, the Mayor may declare a state of emergency by proclamation, and the initial duration of that state of emergency is seven days. (2)If the proclamation declaring the state of emergency does not establish a specific date and time at which the state of emergency begins, the state of emergency is deemed to be effective as of 12:01 a.m. as of the date that proclamation is signed by the Mayor. (3)If an emergency continues to pose an immediate danger to the public health, safety, or welfare, the Mayor may extend a state of emergency, as needed, in seven-day increments. Such extension must be made by proclamation, and such proclamation is deemed to extend the duration of the then-current state of emergency without interruption, regardless of when the proclamation is actually signed. (4)A state of emergency may be terminated at any time by proclamation of the Mayor or by ordinance or resolution of City Council. Such termination must be supported by findings, contained in the proclamation or ordinance, that document the absence of an immediate danger to the public health, safety, or welfare. (5)If a state of emergency has not been extended or terminated in accordance with this subsection, the state of emergency terminates by operation of law at the end of the then-current seven-day period. (d)Invoking and exercising emergency powers. (1)The Mayor may exercise an emergency power authorized by this division only after invoking such power pursuant to an order made in accordance with this division. (2)Unless a longer time period is explicitly authorized by this division, the Mayor may exercise an emergency power authorized by this division only during the state of emergency during which it was invoked. (3)The limits placed on the exercise of emergency powers by this division apply only to the coordinated exercise of such powers by the Mayor. Accordingly, these limits are not intended to restrict the ability of emergency personnel or other City staff participating in emergency response activities from taking action in response to an immediate threat to any person or property during the state of emergency. State statute 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  St. Petersburg City Code: Sec. 2-425 - 2-427

  Florida State Statute: 252.38

• Hialeah (click to expand)

  Specific code

  City Charter Section 3.04: Emergency ordinances (1) Authorization; form. To meet a public emergency affecting life, health, welfare, property or the public peace, the city council may adopt, in the manner provided in this subsection, one or more emergency ordinances, but such ordinances may not establish or amend the zoning designations or future land use map classifications of land parcels; change the list of permitted, conditional or prohibited uses within a zoning category; levy taxes; grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this charter, if applicable. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. (2) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption by the unanimous vote of not less than 5 councilmembers, the ordinance shall be published and printed as prescribed for other ordinances. (3) Effective date. Emergency ordinances shall become effective upon adoption and signed by the mayor. (4) Repeal. Every emergency ordinance, except emergency appropriation ordinances, shall automatically be repealed as of the 61st day following its effective date. If the emergency still exists, the ordinance may be extended or reenacted, in the same manner provided in this subsection or as a regular ordinance. An emergency ordinance may be repealed at any time by adoption of a repealing ordinance in the same manner provided in this subsection. Miami-Dade County Code Sec. 8B-6: (1) Declare a Local State of Emergency: The Mayor or the Chairperson of the Board of County Commissioners in the absence of the Mayor may declare a Local State of Emergency for a period of up to thirty (30) days for any or all areas of Miami-Dade County in response to the imminent threat of, or an occurring emergency or disaster. The Mayor or the Chairperson of the Board of County Commissioners in the absence of the Mayor or the Manager in the absence of the Mayor and the Chairperson of the Board of County Commissioners must present to the Board and file with the Office of the County Manager an affidavit stating the reasons for the Declaration: (a) If the Declaration is to exceed thirty (30) days the Mayor, or the the Chairperson of the Board of County Commissioners in the absence of the Mayor or the Manager in the absence of the Mayor and the Chairperson of the Board of County Commissioners, shall present to the Board an additional affidavit stating the reasons for the extension. (b) A Local State of Emergency may be terminated by executive order once conditions that prompted the declaration are no longer a threat. Miami-Dade County Code Sec. 8B-14: (1) In accordance with the Plan, all incorporated municipalities within the boundaries of Miami-Dade County will be organized into divisions, determined by the Office Emergency Management. (2) One municipality within each division will be designated by the Director as a Divisional Emergency Operations Center and will be required to send a representative to the Miami-Dade EOC upon activation. (3) When requested by the Director, each Divisional EOC will activate their municipal EOC facility, send a trained representative to the Miami-Dade EOC, and take whatever actions are necessary to mitigate the effects of, assist in the response to, or recovery from, a disaster. (4) Once Divisional EOCs have been activated by the Director, their subordinate municipalities are required to make requests in accordance with the Plan. State statute 252.38: Legally constituted municipalities are authorized and encouraged to create municipal emergency management programs. Municipal emergency management programs shall coordinate their activities with those of the county emergency management agency. Municipalities without emergency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, and requirements applicable to county emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each municipality must coordinate requests for state or federal emergency response assistance with its county. This requirement does not apply to requests for reimbursement under federal public disaster assistance programs. (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds.

  Hialeah City Charter: Section 3.04

  Miami-Dade County Code: Sec. 8B-6 Sec. 8B-14

  Florida State Statute: 252.38

Georgia[edit]

• Atlanta (click to expand)

  Specific code

  City Code Sec. 2-181: (a)In addition to any other emergency powers set forth in the ordinances of the city, the mayor, as chief executive of the city, shall have the emergency power to declare an emergency to exist when, in the mayor's opinion, any one or more of the following conditions exist: (1)There is extreme likelihood of danger of destruction of life or property due to unusual conditions; (2)Unusual or extreme weather conditions, making use of city streets or areas difficult or impossible; (3)Civil unrest, commotion or uprising is imminent or exists; or (4)There is a stoppage or loss of electrical power affecting a major portion of the city. (b)After declaration of such emergency, the mayor, as chief executive, shall have the right to exercise any or all of the following powers: (1)To use employees of the city other than employees of the department of police to assist in the safety and preservation of life, limb and property of the citizenry of the city. (2)To close streets and sidewalks and to delineate areas within the city wherein an emergency exists. (3)To impose emergency curfew regulations. (4)To close business establishments within the affected area. (5)To close any and all city-owned buildings and other facilities to the use of the general public. (6)To do any and all acts necessary and incidental to the preservation of life, limb and property of the citizenry of the city. No emergency power as set forth in this section may be effective for more than 72 hours after the declaration of an emergency. Powers as set forth in this section may be exercised during such further emergency period, but never for more than 72 hours in one declared emergency period. No emergency period shall extend beyond the next regular or special meeting of the council. (c)The declaration of an emergency as to a portion of the city shall specify with exactness the area in which the emergency is declared to exist. City Code Sec. 2-199: The functions and duties of the Atlanta-Fulton County Office of Emergency Management shall be to conduct, administer and coordinate emergency preparedness programs, including programs for homeland security preparedness, civil disaster, mutual aid and support, emergency medical services and rescue assistance, in cooperation with other local, state and national resources. City Code Sec. 50-31: The director of emergency management is authorized and directed to: (1)Represent the city in all matters pertaining to emergency management; (2)Utilize all bureau and department heads and all municipal officers of the city in the preparation and implementation of emergency management plans and coordinate them into an effective plan of operation; (3)Assist city officials in planning the organization of city departments for emergency operations; (4)Develop and maintain emergency management plans, in conjunction with city departments, for emergency functions in consonance with state and federal emergency plans and implement these plans in any such emergency; (5)Establish an emergency management plan for the continuity of city government in an enemy attack or other emergency; (6)Maintain and, where feasible, improve public fallout shelters and the attack warning system; maintain a community shelter plan and a crisis relocation plan in readiness for publication on short notice; train fallout shelter managers and radiological monitoring personnel; take such other readiness steps toward preparedness against enemy attack as are prudent and practical; and institute equivalent readiness measures and planning against manmade and natural disasters; (7)Maintain an adequate emergency communications system encompassing all city departments and other agencies and an emergency operations center; and (8)Establish and maintain an organization of sufficient staff and operating agencies to implement approved emergency plans, set forth in sections 50-32 and 50-33. State Code 38-3-27: The governing body of each county of this state may establish a local organization for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency management in accordance with the state emergency management plan and program, any municipality in such county may establish its own organization for emergency management. In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above-mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director to the director of emergency management who shall have the authority to make the appointment. The local director shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to Article 1, this article, and Article 3 of this chapter.

  Atlanta City Code: Sec. 2-181 Sec. 2-199 Sec. 50-31

  Georgia State Code: 38-3-27

Hawaii[edit]

• Honolulu (click to expand)

  Specific code

  City Charter Section 13-112: The mayor may declare an emergency due to a public calamity, but the mayor's failure or refusal to make such a declaration shall not preclude the council from finding that an emergency exists under the provisions of Section 3-202 of this charter City Charter 3-202: Should the council find, by a two-thirds vote of its entire membership, the existence of any emergency due to a public calamity, it may waive all of the requirements of this section of the charter pertaining to procedure, except those relating to the number of votes required for passage and the recording of the vote in the journal. City Charter Section 6-103: There shall be a department of emergency management headed by a director of emergency management who shall be appointed and may be removed by the mayor in accordance with law. The director of emergency management shall: (a) Develop, prepare and, under disaster or emergency situations, assist in the implementation of civil defense plans and programs to protect and promote the public health, safety and welfare of the people of the city. (b) Coordinate the civil defense and emergency preparedness activities and functions of the city with those of the state and federal governments and other public or private organizations for civil defense within the state. State Statute 127A-5: (a) The mayor of each county shall have direct responsibility for emergency management within the county, including the organization, administration, and operation of a county emergency management agency. (b) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized, coordinate all emergency management plans within the county, and cooperate as closely as possible with the agency and emergency management agencies in the other counties in all aspects of emergency management. (c) Each county shall be responsible for the establishment, naming, and operation of a county emergency management agency under the mayor's direction, and shall enact ordinances to establish the county emergency management agency and ensure that the mayor and the county's emergency management agency have the powers necessary to receive state and federal funds and carry out the functions of this chapter at the county level. The ordinances shall comply with powers established under sections 127A-12 and 127A-13. (d) Each county, under the mayor's direction, shall make appropriations and authorize expenditures for the purposes of this chapter, including for use as matching funds for federal aid, out of the normal revenues or fund balances or surpluses of the counties, notwithstanding any legal restrictions upon the purposes for which the funds may be expended, except that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, trust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected. (e) Each county, under the mayor's direction, shall provide a county-level administrator or director of the county emergency management agency, and technical, administrative, and other personnel; office space; furniture; equipment; supplies; and funds necessary to carry out the purposes of this chapter. (f) The administrator or director of the county emergency management agency shall be subject to chapter 76. (g) Each county, under the mayor's direction, shall, in order to ensure continuity of government during an emergency period, establish a procedure for the appointment and designation of stand-by officers for the mayor and the county legislative body during an emergency period, who shall serve in the event of the unavailability of the officers for whom they are standing-by. (h) Each county, under the mayor's direction, shall establish and maintain an emergency operations center, as the place from where emergencies and disasters shall be managed, and staff it appropriately. (i) Each county, under the mayor's direction, shall coordinate, develop, and implement a comprehensive emergency management plan for the county and submit annual reports to the administrator on the status and updates of the plan. State Statute 127A-14: A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency or disaster in any portion of the county. A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first.

  Honolulu City Charter: Section 13-112 Section 3-202 Section 6-103

  Hawaii Revised Statutes: 127A-5 127A-14

Idaho[edit]

• Boise (click to expand)

  Specific code

  City Code Section 1-15-02 - 1-15-06: The City finds that the preservation of public health, safety, and welfare may require immediate action by the City in response to emergency situations. Therefore, the City hereby authorizes the Mayor certain powers for immediate response to foreseeable, imminent, or present public health emergencies. The Mayor, being duly authorized by Idaho Code sections 50-304 and 50-606, may issue the following orders, as deemed appropriate by the Mayor following consultation with or review of information issued by local, regional, statewide, or nationwide public health authorities. A. Advisory Order. Where a public health emergency is foreseeable or imminent, the Mayor may, following consultation with City Council, enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health hazard. B. Social Distancing Order. Where a public health emergency is imminent, the Mayor may, following consultation with City Council or summarily when necessary, enact a social distancing order, which order may establish any or all of the following: 1. Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events. 2. Restrictions on travel through or visitation within the community. 3. Postponement or cancellation of public meetings and hearings. 4. A limit on the number of persons who may gather in one location and may apply to indoor or outdoor venues. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. A social distancing order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A social distancing order shall apply within Boise city limits, and five (5) miles outside Boise city limits. C. Isolation Order. Where a public health emergency is present, and poses a clear threat of harm to the public health, the Mayor may, following consultation with City Council or summarily when necessary, enact an isolation order, which order may establish any or all of the following: 1. A directive that infected and/or exposed individuals isolate themselves from other persons. 2. Geographical areas of restricted or prohibited access. 3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard. 4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. Conditions of the isolation order. 7. An isolation order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. An isolation order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal an isolation order or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the isolation order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final. D. Quarantine Order. Where a health emergency is present and poses a clear threat of harm to the public health, the Mayor may, following consultation with City Council or summarily when necessary, enact a quarantine order, which order may establish any or all of the following: 1. A directive that infected and/or exposed individuals isolate themselves from other persons. 2. Geographical or other areas of restricted or prohibited access. 3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard. 4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. Conditions of the quarantine. 7. A quarantine order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A quarantine order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a quarantine order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the quarantine order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final. Every public health emergency order shall include an effective date and a termination date that shall be no more than thirty (30) days from the effective date, which may be extended upon approval of City Council State Statute 46-1011: (1) A local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the local county recorder. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder. (3) No intergovernmental agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an intergovernmental disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

  Boise City Code: 1-15-02 - 1-15-06

  Idaho Statutes: 46-1011

Illinois[edit]

• Chicago (click to expand)

  Specific code

  "Municipal Code 2-4-110: The mayor shall be ex officio coordinator of activities in cases of emergency resulting from any explosion, fire, flood, riot, storm or other cause requiring concerted measures for the maintenance of public peace and order, the preservation of life and property and the relief of suffering, or for any of these purposes. He shall formulate, and, as occasion therefor arises, he shall execute plans for the prevention of such emergencies so far as possible and for meeting them effectively when they arise. Obedience to his orders in executing such plans and meeting such emergencies is obligatory upon all departments and heads of departments and upon all other officers and employees of the City of Chicago. Municipal Code 2-20-010 - 2-29-040: “Disaster” means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous material spills or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of inclement weather, drought, and critical shortage of fuels and energy. There is hereby established an office of the government of the city to be known as the office of emergency management and communications. The office shall include the executive director of emergency management and communications and such other personnel as may be provided for in the annual appropriation ordinance. There is hereby established the office of the Executive Director of Emergency Management and Communications. The Executive Director shall be appointed by the Mayor, subject to the approval of the City Council, and shall have management and control of all matters and activities pertaining to the Office of Emergency Management and Communications, except for those matters under the jurisdiction of the Office of Public Safety Administration. State Statute 20 ILCS 3305/11: (a) A local disaster may be declared only by the principal executive officer of a political subdivision, or his or her interim emergency successor, as provided in Section 7 of the ""Emergency Interim Executive Succession Act"". It shall not be continued or renewed for a period in excess of 7 days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster shall be given prompt and general publicity and shall be filed promptly with the county clerk, township clerk, or the municipal clerk, as the case may be, in the area to which it applies. (b) The effect of a declaration of a local disaster is to activate the emergency operations plan of that political subdivision and to authorize the furnishing of aid and assistance thereunder."

  Chicago Municipal Code: 2-4-110 2-20-010 - 2-20-040

  Illinois Compiled Statutes: 20 ILCS 3305/11

Indiana[edit]

• Indianapolis (click to expand)

  Specific code

  City Code Sec. 201-5: (a)The mayor may, upon declaring a local disaster emergency (as this term is defined in chapter 279 division 8) and in compliance with IC 10-14-3, take such actions as are appropriate to assure the public well-being, safety of public and private property and the environment including, but not limited to, the imposition of travel bans on streets and highways; the imposition of curfews; the alteration of normal business working hours; the ordering of evacuation and relocation of civilian populations; all as may be necessary to effect emergency response and recovery. (b)The mayor shall, via executive order, designate a line of successors to establish which government officials may act in his or her place whenever: (1)Under IC 36-3-3-3, the mayor is incapacitated and unable to make a designation and the president of the city-county council, as determined by the rules of succession established by the council, is incapacitated to the extent that he or she is unable to perform the duties as acting mayor; or (2)The office of mayor becomes vacant and the chief deputy mayor is unable to assume the duties of that office as provided in IC 3-13-11. City Code Sec. 279-282: Emergency means occurrence or imminent threat of loss of life, illness or injury, damage to public property, private property or the environment resulting from any technological, man-caused, natural or national security hazard including, but not limited to, floods, earthquakes, severe wind, fires, storms, tornadoes, mass transportation accidents, releases of hazardous materials and substances, oil spills, explosions, droughts, riots, structural failure, public extortion, hostage taking, strikes by essential workers, attack, military action, infestations, epidemic, fuel or resource shortages. Local disaster emergency means a major emergency that has resulted in a formal declaration of local state of emergency by the mayor. Major emergency means an emergency or threat of emergency that causes loss of life, injury, illness or damage to public or private property or the environment to a degree greater than that which occurs on a regular basis in the county. State Statute IC 10-14-3-29: (a) A local disaster emergency: (1) may be declared only by the principal executive officer of a political subdivision; and (2) may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision. (b) The effect of a declaration of a local disaster emergency is to: (1) activate the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and (2) authorize the furnishing of aid and assistance under the plans. (c) An interjurisdictional agency or official may not declare a local disaster emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement. (d) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals engaged in employment necessary to: (1) maintain a safe rail system; (2) restore utility service; or (3) provide any other emergency public service; from traveling on the highways within the political subdivision during the local disaster emergency. (e) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response broadcasters, as set forth in section 22.5 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency. (f) If a local emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response communications service providers, as set forth in section 22.6 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency.

  Indianapolis City Code: Sec. 201-5 Sec. 279-282

  Indiana State Statutes: IC 10-14-3-29

• Fort Wayne (click to expand)

  Specific code

  City Code 92-01 - 92.05: If the Mayor finds that by reason of widespread violence or threats of imminent violence endangering the lives and property of the citizens of the city a state of emergency exists, the Mayor is hereby authorized to declare a curfew, and to promulgate regulations appropriate to deal with the emergency in all or any part of the area within the jurisdiction of the city. (A) For the purpose of this section, the term EMERGENCY or EMERGENCIES shall be defined as those extraordinary situations or conditions, whether caused by nature or otherwise, that would require an unusually high provision of governmental services, or that would disrupt or interfere, or threaten to disrupt or interfere, with the prompt and proper provision of governmental services and/or protection of the general public. (B) If an emergency is declared, as hereinafter provided, the following procedures may be utilized by the City of Fort Wayne during such emergency period: (1) All property, including but not limited to, vehicles and equipment of the city, its utilities, and all of its boards, Commissions, departments, authorities and agencies may be utilized by the city, as directed by the Mayor, or his designee(s), during such emergency period, in an effort to deal with the emergency in question; (2) All personnel of the city, its utilities, and of all of its boards, Commissions, departments, authorities and agencies, may be utilized by the city and placed under the direction of the Mayor, or designee(s), during such an emergency period, in an effort to deal with the emergency in question; and (3) Allocation of costs incurred by the utilization of property and personnel for emergencies, as herein indicated, shall be made by the controller of the City of Fort Wayne, and such allocation shall be promptly reported to the Common Council. (C) An emergency, as herein referred to, shall be declared by the Mayor, or his designee(s), by giving immediate written notice thereof to the Common Council and general public via the media. Such declaration of emergency shall include the nature of the emergency and the anticipated length thereof. (D) This section shall not be construed to in any way interfere with or limit those emergency powers otherwise provided to the city and its officials. State Statute IC 10-14-3-29: (a) A local disaster emergency: (1) may be declared only by the principal executive officer of a political subdivision; and (2) may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision. (b) The effect of a declaration of a local disaster emergency is to: (1) activate the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and (2) authorize the furnishing of aid and assistance under the plans. (c) An interjurisdictional agency or official may not declare a local disaster emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement. (d) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals engaged in employment necessary to: (1) maintain a safe rail system; (2) restore utility service; or (3) provide any other emergency public service; from traveling on the highways within the political subdivision during the local disaster emergency. (e) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response broadcasters, as set forth in section 22.5 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency. (f) If a local emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response communications service providers, as set forth in section 22.6 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency.

  Fort Wayne City Code: 92-01 - 92.05

  Indiana State Statute: IC 10-14-3-29

  
  

Kansas[edit]

• Wichita (click to expand)

  Specific code

  City Code Sec. 2.04.360: The mayor or presiding officer shall have the authority to request a state of emergency when ever such declaration is in the interest of the city and essential in connection with the passage of an appropriate ordinance or other action of the council. Such request shall be made in writing, and approved by a majority (four) of the council. County Code Sec. 9-1: There is hereby created and established the Sedgwick County Department of Emergency Management in lieu of that previously known as the department of disaster management and all administrative supervision and control of the former office and function of the department of disaster management is hereby transferred to and conferred upon the department of emergency management. The department of emergency management shall work in joint effort with federal, state and other local emergency management organizations in the event of a disaster as defined in K.S.A. 48-904(d) and according to the county emergency operations plan as approved by the office of the adjutant general, division of emergency management. State Statute 48-929: (a) Each county within this state shall establish and maintain a disaster agency responsible for emergency management and coordination of response to disasters or shall participate in an interjurisdictional arrangement for such purposes under an interjurisdictional disaster agency as provided in K.S.A. 48-930, and amendments thereto. Except as otherwise provided in this act, each county or interjurisdictional disaster agency shall have jurisdiction over and serve all of each county included thereunder. No county which is included in an interjurisdictional arrangement under the jurisdiction of an interjurisdictional disaster agency pursuant to subsection (a) of K.S.A. 48-930, and amendments thereto, shall establish or maintain a separate disaster agency for such county.

  Wichita City Code: Sec. 2.04.360

  Sedgwick County Code: Sec. 9-1

  Kansas Statute: 48-929

Kentucky[edit]

• Louisville (click to expand)

  Specific code

  County Code 30.01: The duties, responsibilities and authorities granted to the mayor of a city of the first class and a county judge/executive in a county containing a city of the first class in applicable provisions of the Kentucky Revised Statutes, ordinances and resolutions in place pursuant to KRS 67C.115(1), regulations, policies and procedures adopted by either of the offices above shall be deemed transferred to the Office of the Mayor. Sections 30.01 and 30.02 of this Chapter 30 shall be liberally construed to give effect to the provisions of KRS 67C.101, which vests all executive and administrative power in the office of the Mayor County Code 32.905: (A) There is hereby continued by Louisville/Jefferson County Metro Government, the "Louisville/Jefferson County Emergency Management Agency" (EMA), which shall: (1) Provide for the mobilization, organization, and coordination of the civilian populace and necessary support agencies, both private and public; (2) Prevent or minimize the effects of fire, flood, tornado, other natural or human-caused disasters, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies or other causes, and the threatened or impending happening of them; (3) Insure that preparations and response for this community will be adequate to deal with disaster or emergencies or threat of same; (4) Preserve the life and property of the people of this community; (5) Protect the public peace, health, and safety; and (6) Implement and comply with the provisions of KRS Chapter 39 relating to disaster and emergency services. (B) The purposes and functions of EMA, as described in subsection (A), shall encompass the following specific purposes and functions: (1) Organize, administer, and operate a disaster and emergency services agency, subject to the direction and control of the Mayor within the territorial limits of Louisville Metro, and outside of such territorial limits as may be required pursuant to the provisions of KRS Chapter 39. (2) Maintain a disaster and emergency response plan and program that will meet the criteria of the Kentucky Emergency Operations Plan. (3) Maintain a Public Safety Answering Point (911) to provide a single telephone number through which citizens of Metro Government may obtain emergency service. (C) EMA shall be governed and directed in operational matters by the Mayor, or designated representative. (D) The Public Safety Answering Point (911) shall be governed by a separate 911 Policy Committee consisting of the Chief of the Metro Government Police Department; the Chief, Louisville Division of Fire; the President, Jefferson County Alliance of Fire Chiefs; the Director, Louisville Metro Emergency Medical Service; a representative as designated by the Mayor; a representative of Louisville/Jefferson County secondary Public Safety Answering Points (PSAP); and the Louisville/Jefferson County MetroSafe Interoperable Consolidated Communication Services Director. The members of the 911 Policy Committee shall select their own chairperson from among the membership of the Committee. (E) (1) EMA shall be managed and administered by a Director who shall be appointed by and serve at the pleasure of the Mayor. (2) The Director shall: (a) Represent the Metro Government on all matters pertaining to emergency management; (b) Coordinate the activities of all Metro Government officials, departments, agencies, and commissions in the preparation and implementation of emergency preparedness programs; (c) Develop an Emergency Operations Plan, which shall provide for effective mobilization of all resources of the Metro Government, both public and private; (d) During periods of emergency, coordinate the functions of all Metro Government disaster and emergency services; (e) During periods of emergency, obtain vital supplier and equipment needed for the protection of life and property; (f) Conduct an annual survey of the total disaster and emergency response capability of the Metro Government; (g) Report, on a regular basis, the disaster and emergency service status of the Metro Government; (h) Assist each department, agency, board, or commission holding disaster and emergency responsibilities to fully understand their respective responsibilities and capabilities in time of emergency; (i) Assist each department, agency, or commission involved in an emergency in the preparation of an after-action study and report as a method of detecting deficiencies and recommending improvements for future emergencies; (j) Review annually this section and recommend amendments to reflect changes in federal and state laws governing disaster and emergency services; and (k) Through public information and education programs, inform the citizens of the Metro Government of programs for the protection of their persons and property from effects of any future emergencies. State Statute 39B.010: Each city, county, urban-county, charter county government, or counties acting jointly under the provisions of subsection (2)(b) of this section, of this Commonwealth shall create, support, and maintain a local emergency management agency, which shall serve the public safety interest of the local government within the territorial boundaries of the city, county, or counties where the agency is created. Each local emergency management agency shall develop, implement, and maintain a local comprehensive emergency management program, including a local emergency operations plan, in accordance with the provisions of KRS Chapters 39A to 39F. The local emergency management agency shall be an integral component of the statewide integrated emergency management system of this Commonwealth, and shall fully comply with all applicable provisions of KRS Chapters 39A to 39F, the comprehensive emergency management program requirements of the Commonwealth, the provisions of the Kentucky Emergency Operations Plan, and all administrative regulations promulgated by the Division of Emergency Management.

  Louisville County Code: 30.01 32.905

  Kentucky Revised Statute: 39B.010

• Lexington (click to expand)

  Specific code

  County Code Sec. 5A-11 - 5A-14: A civil emergency is hereby defined to be: (1)A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without the authority of law. (2)Any natural disaster or man-made calamity, including flood, conflagrations, cyclone, tornado, earthquake or explosion resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. When, in the judgment of the mayor, a civil emergency, as defined herein, is deemed to exist, he shall forthwith proclaim, in writing, the existence of the same. After proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographical areas of the urban county or to the urban county as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. After proclamation of civil emergency, the mayor may, also in the interest of public safety and welfare, make any or all of the following orders: (1)Order the closing of all retail liquor stores. (2)Order the closing of all beer taverns. (3)Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted. (4)Order the discontinuance of the sale of beer. (5)Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. (6)Order the closing of gasoline stations and other establishments the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products. (7)Issue such other orders as are imminently necessary for the protection of life and property. State Statute 39B.010: Each city, county, urban-county, charter county government, or counties acting jointly under the provisions of subsection (2)(b) of this section, of this Commonwealth shall create, support, and maintain a local emergency management agency, which shall serve the public safety interest of the local government within the territorial boundaries of the city, county, or counties where the agency is created. Each local emergency management agency shall develop, implement, and maintain a local comprehensive emergency management program, including a local emergency operations plan, in accordance with the provisions of KRS Chapters 39A to 39F. The local emergency management agency shall be an integral component of the statewide integrated emergency management system of this Commonwealth, and shall fully comply with all applicable provisions of KRS Chapters 39A to 39F, the comprehensive emergency management program requirements of the Commonwealth, the provisions of the Kentucky Emergency Operations Plan, and all administrative regulations promulgated by the Division of Emergency Management.

  Lexington-Fayette County Code: Sec. 5A-11 - 5A-14

  Kentucky Revised Statute: 39B.010

  
  

Louisiana[edit]

• New Orleans (click to expand)

  Specific code

  City Charter Section 4-206: The Mayor shall have the authority to exercise such other powers and perform such other duties as may be prescribed by this Charter or by state or municipal law, including but not limited to the following: (d) Subject to such limitations as may be established by ordinance or other applicable law, declare a state of emergency due to acts of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property. State Statute 29:737: A. Subject to the provisions of R.S. 29:736, whenever a situation develops within or outside of a municipality which the chief executive officer of the municipality determines requires immediate action to preserve the public peace, property, health, or safety within the municipality or to provide for continued operation of municipal government, nothing in this Chapter shall diminish the authority of the chief executive officer of the municipality to undertake immediate emergency response measures within the municipality to preserve the public peace, property, health, or safety within the municipality or to provide for continued operation of the municipal government. Whenever the chief executive officer of the municipality undertakes immediate emergency response measures because of a disaster or emergency, he shall immediately notify the parish president and advise him of the nature of the disaster or emergency and the emergency response measures being undertaken. B. As used in this Section, "emergency response measures" includes, but is not limited to, any or all of the following: (1) Suspending the provisions of any municipal regulatory ordinance prescribing the procedures for conduct of local business, or the orders, rules, or regulations of any municipal agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency. (2) Utilizing all available resources of the municipality as reasonably necessary to cope with the emergency. (3) Transferring the direction, personnel, or functions of municipal departments and agencies or units thereof for the purpose of performing or facilitating emergency services. (4) Directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the municipality if he deems this action necessary. (5) Prescribing routes, modes of transportation, and destinations in connection with evacuation within the municipality. (6) Controlling ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein. (7) Suspending or limiting the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. C. The state of emergency shall continue until the mayor or chief executive officer finds that the threat of danger has been dealt with to the extent that emergency conditions no longer exist. The state of emergency may be terminated by executive order or proclamation, but no state of emergency may continue for longer than thirty days unless extended by the mayor or chief executive officer. The state of emergency or disaster may be terminated by the governor, parish president, a petition signed by a majority of the surviving members of either house of the legislature, a majority of the surviving members of the parish governing authority, or a majority of the surviving members of the municipal governing authority. The document terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. All executive orders or proclamations issued under this Subsection shall indicate the nature of the emergency, the area or areas which are or may be affected, and the conditions which brought it about. Any order or proclamation declaring, continuing, or terminating a local disaster or emergency shall be given prompt and general publicity and shall be filed promptly with the Governor's Office of Homeland Security and Emergency Preparedness, the local office of homeland security and emergency preparedness, and the office of the clerk of court. D. Notwithstanding any other provision of this Chapter, when the mayor or chief executive officer declares a local disaster or emergency within such subdivision the mayor or chief executive officer shall carry out the provisions of this Chapter. Nothing contained herein shall be construed to confer upon the mayor or chief executive officer any authority to control or direct the activities of any state or parish agency. When the disaster or emergency is beyond the capabilities of the local government, the mayor or chief executive officer shall request assistance from the Governor's Office of Homeland Security and Emergency Preparedness or the local office of homeland security and emergency preparedness. The declaration of a local emergency will serve to activate the response and recovery program of the local government.

  New Orleans Home Rule Charter: 4-206

  Louisiana Revised Statute: 29:737

• Baton Rouge (click to expand)

  Specific code

  City Code Sec. 15:1 - 15:5: Civil emergency means: (1)A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force, accompanied by immediate power to execute by three (3) or more persons acting together without authority of law; or (2)Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake, or explosion, within the city-parish, resulting in death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. Whenever any civil emergency or the threat of same shall occur in the city-parish, and it is deemed necessary in order to suppress the civil emergency, and to protect the public health, safety and welfare, the mayor-president, or in the event of his absence or inability to act, the president pro tempore of the council, shall forthwith proclaim in writing the existence of such civil emergency. The proclamation of a civil emergency, provided for in section 15:2, shall be effective upon its issuance and dissemination to the public by appropriate news media. After the proclamation of a civil emergency, the mayor-president, or in the event of his absence or inability to act, the president pro tempore of the council, may order a curfew applicable to such geographical areas of the city-parish, or the city-parish as a whole, as he deems advisable, and applicable to such hours of the day or night as he deems necessary in the interest of the public safety and welfare. After the proclamation of any civil emergency, the mayor-president, or in the event of his absence or inability to act, the president pro tempore of the council, may also in the interest of the public safety and welfare make any or all of the following orders: (1)Order the closing of all retail liquor stores; (2)Order the closing of all places licensed to sell beer and liquor under applicable ordinances of the city-parish; (3)Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is authorized to be sold; (4)Order the discontinuance of the sale of beer and liquor; (5)Order the discontinuance of the selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than in a gasoline tank properly affixed to a motor vehicle; (6)Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; (7)Order the discontinuance of selling, distributing, dispensing or giving away of any firearms, or ammunition of any character whatsoever; (8)Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition; (9)Issue such orders as are imminently necessary for the protection of life and property; (10)Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic; (11)Call upon regular and auxiliary law enforcement agencies and organizations within or without the city-parish to assist in preserving and keeping the peace within the city-parish. State Statute 29:737: A. Subject to the provisions of R.S. 29:736, whenever a situation develops within or outside of a municipality which the chief executive officer of the municipality determines requires immediate action to preserve the public peace, property, health, or safety within the municipality or to provide for continued operation of municipal government, nothing in this Chapter shall diminish the authority of the chief executive officer of the municipality to undertake immediate emergency response measures within the municipality to preserve the public peace, property, health, or safety within the municipality or to provide for continued operation of the municipal government. Whenever the chief executive officer of the municipality undertakes immediate emergency response measures because of a disaster or emergency, he shall immediately notify the parish president and advise him of the nature of the disaster or emergency and the emergency response measures being undertaken. B. As used in this Section, "emergency response measures" includes, but is not limited to, any or all of the following: (1) Suspending the provisions of any municipal regulatory ordinance prescribing the procedures for conduct of local business, or the orders, rules, or regulations of any municipal agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency. (2) Utilizing all available resources of the municipality as reasonably necessary to cope with the emergency. (3) Transferring the direction, personnel, or functions of municipal departments and agencies or units thereof for the purpose of performing or facilitating emergency services. (4) Directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the municipality if he deems this action necessary. (5) Prescribing routes, modes of transportation, and destinations in connection with evacuation within the municipality. (6) Controlling ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein. (7) Suspending or limiting the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. C. The state of emergency shall continue until the mayor or chief executive officer finds that the threat of danger has been dealt with to the extent that emergency conditions no longer exist. The state of emergency may be terminated by executive order or proclamation, but no state of emergency may continue for longer than thirty days unless extended by the mayor or chief executive officer. The state of emergency or disaster may be terminated by the governor, parish president, a petition signed by a majority of the surviving members of either house of the legislature, a majority of the surviving members of the parish governing authority, or a majority of the surviving members of the municipal governing authority. The document terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. All executive orders or proclamations issued under this Subsection shall indicate the nature of the emergency, the area or areas which are or may be affected, and the conditions which brought it about. Any order or proclamation declaring, continuing, or terminating a local disaster or emergency shall be given prompt and general publicity and shall be filed promptly with the Governor's Office of Homeland Security and Emergency Preparedness, the local office of homeland security and emergency preparedness, and the office of the clerk of court. D. Notwithstanding any other provision of this Chapter, when the mayor or chief executive officer declares a local disaster or emergency within such subdivision the mayor or chief executive officer shall carry out the provisions of this Chapter. Nothing contained herein shall be construed to confer upon the mayor or chief executive officer any authority to control or direct the activities of any state or parish agency. When the disaster or emergency is beyond the capabilities of the local government, the mayor or chief executive officer shall request assistance from the Governor's Office of Homeland Security and Emergency Preparedness or the local office of homeland security and emergency preparedness. The declaration of a local emergency will serve to activate the response and recovery program of the local government.

  New Orleans Home Rule Charter: 4-206

  Louisiana Revised Statute: 29:737

Maryland[edit]

• Baltimore (click to expand)

  Specific code

  City Code Article 1, 18-1 - 18-2: There is hereby created the “Office of Disaster Control and Civil Defense” for Baltimore City. The function and duties of the Civil Defense Division of the Fire Department, as set forth in said Ordinance 63-042, are hereby transferred to the said new Office The Director of said Office initially shall be the same person who is, at the time of the passage of this ordinance, Director of the Civil Defense Division of the Fire Department; and also the same person appointed as Civil Defense Director of Baltimore City by the Governor, upon recommendation of the Mayor of said City, as provided by Article 16A, § 7 of the Maryland Code. (1) He shall have direct responsibility for the organization, administration, and operation of such Office, subject to the direction and control of the Mayor of Baltimore, under the general power of the Governor. (2) Said Director shall be responsible for the organization, administration, and operation of a disaster control and civil defense program, which program shall include a Civil Defense Volunteer Corps. County Code 3-1-501 - 3-1-505: (1)"Emergency" means the threat or occurrence of a disaster in or affecting the county that requires state or federal assistance or the implementation of the local emergency management plan in order to save lives and protect the public health and safety.(2)"Emergency" includes:(i)A hurricane, tornado, flood, wind-driven water, storm surge, tidal wave, earthquake, mudslide, snowstorm, drought, fire, or explosion;(ii)An enemy attack or act of terrorism; or(iii)A public health catastrophe. The County Executive or the County Administrative Officer may authorize the use of any county resources, including employees, for any purpose if:(1)Required in a local state of emergency;(2)An emergency is declared by the Governor or the President; or(3)In order to provide assistance under the Maryland Emergency Management Assistance Compact or any other applicable agreements. (a)Declaration. If there is a threat or occurrence of an emergency, the County Executive may declare a state of emergency within the county by executive order. (b)Publication. An executive order declaring a local state of emergency shall be:(1)Promptly publicized; and(2)Filed with the Secretary to the County Council and the County Records Management Officer as established under Title 8 of this article. (c)Term. Except as provided in subsection (d) of this section, an executive order declaring a local state of emergency shall be effective for up to 7 days. (d)Continuation. If the threat or occurrence of an emergency appears likely to last more than 7 days, the County Council shall be called into emergency session before the end of the seventh day to consider a resolution that consents to the continuation of the state of emergency for such time as may be appropriate. State Statute 14-109: (a) Each political subdivision shall: (1) establish a local organization for emergency management in accordance with the State emergency management plan and program; and (2) participate in federal programs for emergency management. (b) (1) On recommendation of the mayor, executive, or governing body of the political subdivision, the Governor shall appoint a director of emergency management for each local organization for emergency management. (2) Each director of a local organization for emergency management is directly responsible for the organization, administration, and operation of the local organization for emergency management. (3) Each director of a local organization for emergency management is subject to the direction and control of the mayor, executive, or governing body of the political subdivision, under the general power of the Governor.

  Baltimore City Code: Article 1, 18-1 - 18-2

  Baltimore County Code: 3-1-501 - 3-1-505

  Maryland State Statute: 14-109

Massachusetts[edit]

• Boston (click to expand)

  Specific code

  Municipal Code 11-9.1 -11-9.3: There is hereby established a Civil Defense Advisory Council (hereinafter called the “Council”). Said Council shall serve without pay and shall consist of the Director of Civil Defense, such other Department heads and such other persons as the authority appointing said Director may deem necessary. Such member of said Council as said appointing authority shall designate shall serve as Chairman of said Council. Said Council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and the Director on matters pertaining to civil defense. The Department shall be under the direction of a Director of Civil Defense (hereinafter called the “Director”), who shall be appointed as prescribed by law. The Director shall have direct responsibility for the organization, administration, and operation of the Department subject to the direction and control of the appointing authority and shall receive such salary as may be fixed from time to time by the appointing authority. The Director may, within the limits of the amount appropriated therefor, appoint such experts, clerks, and other assistants as the work of the Department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950. The Director shall also have authority to appoint District Coordinators and may accept and may receive on behalf of the City, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of civil defense, offered by the Federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The Director shall cause appropriate records to be kept of all matters relating to such gifts, grants, or loans. State Bill S.1444: Each political subdivision of the commonwealth is hereby authorized and directed to establish a local organization for civil defense in accordance with the state civil defense plan and program, to be known as Local Emergency Management Agency and Local Office of Emergency Preparedness. The appointing authority, as defined by this Section, may designate an existing city or town department as such Agency. Each local organization for civil defense and office of emergency preparedness shall have a director, who shall, in the case of a city, be appointed by the mayor, or in a city having a council manager form of government by the city manager, and in towns the director shall be appointed by the selectman, except in towns having a town manager or town administrator, by the manager or administrator. The director shall have direct responsibility for the organization, administration and operation of such local organization for civil defense. Each local organization for civil defense shall perform the civil defense functions within the territorial limits of the political subdivision within which it is organized, subject to a declaration of a state of emergency and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of section seven of this act. · The appointing authority may designate an existing department head of a city or town department to serve as the director of civil defense. M.G.L. Chapter 268A, Section 20 shall not apply to such designation. In carrying out the provisions of this act, each political subdivision in which in any disaster, as described in section one, occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. Each appointing authority of such political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation, without regard to time-consuming procedures and formalities prescribed by law excepting mandatory constitutional requirements, pertaining to the performance of public work, entering into Contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, expenditure of public funds, suspending employment contract limitations, or restrictions made under Chapters 41 or 150E, or the common law, to go on private property to provide aid and assistance, and take such other appropriate actions as may be necessary to meet the state of emergency for the duration of the emergency. The legislative body of such political subdivision can levy taxes and make emergency appropriations to carry out the appointing authority’s exercise of the powers under this Section. The appointing authority shall declare in writing the state of emergency in order to exercise the powers under this section and shall file such declaration immediately with the governor, the state director, the secretary of state, and the city or town clerk.

  Boston Municipal Code: 11-9.1 - 11-9.3

  Massachusetts Bill: S.1444

Michigan[edit]

• Detroit (click to expand)

  Specific code

  City Code Sec. 14-1-1 - 14-1-7: Disaster means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or humanmade cause including, but not limited to, air contamination; blight; drought; epidemic; explosion; fire; flood; hazardous materials incident; hazardous peacetime radiological incident; hostile military action, or paramilitary action or similar occurrences resulting from terrorist activities; riots or civil disorders; ice storm; infestation; major transportation accident; oil spill; snowstorm; tornado; utility failure; water contamination; wave action; or windstorm. Emergency means any disaster, or threat of disaster, where the Mayor determines that the exercise or discharge of emergency powers is necessary to save lives, to protect the public health, safety and property, or to lessen or to avert the threat of a catastrophe within the City. Local state of emergency means an executive order or proclamation by the Mayor that activates the response and recovery aspects of the City's emergency management operational plans, including the mobilization of the City's emergency management forces. (a)In accordance with the Michigan Emergency Management Act, being MCL 30.401 et seq. , a Department of Homeland Security is established within the City to direct and coordinate the development of emergency operations plans and programs in accordance with the policies and plans established by the appropriate federal and state agencies, to direct multi-departmental and agency response to emergencies within the City, and to ensure the complete and efficient utilization of all of the City equipment, facilities, and human resources whenever an emergency exists. (b)The Department of Homeland Security created by this chapter shall be the coordinating office for all activity in connection with the City's response and recovery efforts to an emergency, and during an emergency shall be the office through which the Mayor may exercise the authority, and discharge the responsibilities vested in the Mayor by the Michigan Emergency Management Act and by this chapter. (a)The Mayor may exercise the emergency powers and authority that are specified in the Michigan Emergency Management Act, being MCL 30.401 et seq. , and this chapter. Whenever an emergency exists, the Mayor may issue an executive order, or proclamation, declaring a local state of emergency. Pursuant to the Michigan Emergency Management Act, an executive order, or proclamation, of a local state of emergency shall not be continued or renewed for a period in excess of seven days except with the consent of the City Council. (b)The Mayor's executive order, or proclamation, of a local state of emergency shall be promptly filed with the City Council and the Department of Homeland Security, unless circumstances attendant upon the emergency prevent or impede its prompt filing. Upon the filing of an executive order, or proclamation, declaring a local state of emergency, the Mayor shall convene the City Council as soon as possible to perform its legislative powers as the emergency demands. The Mayor shall immediately report to the City Council relative to the City's emergency management activities. Unless specifically mentioned in the Michigan Emergency Management Act and the provisions of this chapter, this chapter shall not be construed as authority to abridge or to lessen the legislative powers of the City Council. (c)Whenever, on the basis of information received from authoritative sources, the Mayor believes that an emergency exists, the Mayor may order, or proclaim, that the emergency management forces be mobilized and prescribe the manner and conditions of their use.(d)Whenever, on the basis of information received from authoritative sources, the Mayor believes that an emergency exists, the Mayor may issue such reasonable orders, directives, regulations, or rules as are necessary to protect life and property, and to preserve critical resources. Such orders, directives, regulations, or rules may include, but shall not be limited to, the following:(1)Orders, directives, regulations, or rules prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas of the City;(2)Orders, directives, regulations, or rules pertaining to the movement of persons from areas deemed to be hazardous, or otherwise unsafe; or(3)Orders, directives, regulations, or rules designed to lessen the hazard to persons and property from the impact of an emergency, including those that concern blackouts, dimouts, and other measures to reduce the vulnerability of the City. (e)In accordance with the Michigan Emergency Management Act, the Mayor shall order the City's emergency management forces to the aid of other communities. The Mayor may request the state, or any political subdivision of the state, to send aid to the City in case of an emergency when conditions in the City are beyond the control of the local emergency management forces. (f)Where obtaining City Council approval would result in the delay of the City's emergency response and recovery efforts and until the City Council convenes, the Mayor may waive procedures and formalities that are required by the Charter or this Code, which pertain 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 authorized under this chapter to waive any such procedures and formalities that are required by the Charter or this Code. (g)The Mayor may issue directives, orders, regulations, or rules that authorize, and delegate, the Emergency Management Coordinator to mobilize and utilize the emergency management forces and take such other actions that may be necessary in the event of an emergency consistent with the Michigan Emergency Management Act and the powers and duties that are contained within this section. (h)The Mayor may make regulations or rules permitting the conduct of practice emergency alerts or tests of the City's emergency prevention and preparedness, or recovery and relief plans. Such regulations or rules shall be filed with the City Council. (i)An emergency directive, order, proclamation, rule, or regulation issued by the Mayor under this chapter may be amended, continued, or rescinded, by the Mayor in accordance with the Michigan Emergency Management Act. State Statute MCL 30.410: (1) Each county and municipality that has appointed an emergency management coordinator under section 9 may do 1 or more of the following: (a) Direct and coordinate the development of emergency operations plans and programs in accordance with the policies and plans established by the appropriate federal and state agencies. Each department or agency of a county or municipality specified in the emergency operations plan to provide an annex to the plan shall prepare and continuously update the annex providing for emergency management activities, including mitigation, preparedness, response, and recovery, by the department or agency and those other emergency activities the department or agency is specified to coordinate. Emergency operations plans and programs developed under this subsection shall include provisions for the dissemination of public information and local broadcasters shall be consulted in developing such provisions. Emergency operations plans and programs developed under this subdivision shall include local courts. (b) Declare a local state of emergency if circumstances within the county or municipality indicate that the occurrence or threat of widespread or severe damage, injury, or loss of life or property from a natural or human-made cause exists and, under a declaration of a local state of emergency, issue directives as to travel restrictions on county or local roads. This power shall be vested in the chief executive official of the county or municipality or the official designated by charter and shall not be continued or renewed for a period in excess of 7 days except with the consent of the governing body of the county or municipality. The declaration of a local state of emergency shall be promptly filed with the emergency management division of the department, unless circumstances attendant upon the disaster prevent or impede its prompt filing.

  Detroit City Code: Sec. 14-1-1 - 14-1-7

  Michigan State Statute: MCL 30.410

Minnesota[edit]

• Minneapolis (click to expand)

  Specific code

  City Code 128.10 - 128.80: An emergency declared by the governor under the Minnesota Statutes, Section 12.31, or where declared as hereinafter provided by the city because of any large-scale or complex emergency. (a) A local emergency may be declared only by the mayor or the mayor's legal successor. It shall not be continued for a period in excess of three (3) days except by or with the consent of the city council, any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the city clerk. Whenever in the judgment of the mayor any unprecedented or severe catastrophe or disaster shall warrant it, an emergency may be declared and the provisions of this chapter may be invoked. However, within seventy-two (72) hours after such declaration of emergency, a regular meeting or special meeting of the city council shall be called for the ratification of such emergency declaration, and if such emergency declaration is not approved at this city council meeting, or is disapproved at any subsequent city council meeting, it shall terminate forthwith. (b)During any such emergency the mayor shall have the further authority to impose curfew hours on public streets or other public places, the closing of businesses that sell guns or materials such as dynamite or gasoline that could be converted easily to explosives, and the closing of liquor stores, bars and 3.2 beer taverns.(c)Any declaration or emergency may be limited by the mayor so as to initiate only the curfew and closing of businesses provisions of this chapter and such portions of the emergency management plan which are deemed necessary to meet the particular emergency. Whenever necessary to prepare for or manage an emergency for which adequate regulations have not been adopted by the governor or the city council, the mayor, by proclamation, may promulgate regulations, consistent with applicable federal or state law or regulation, respecting: Protection against enemy attacks; the sounding of warning devices; the conduct of persons and the use of property during alarms; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in declared emergencies. No regulation governing observation of enemy aircraft, enemy attack, alarms or illumination during enemy attacks shall be adopted or take effect unless approved by the state department of public safety. State Statute 12.29: A local emergency may be declared only by the mayor of a municipality or the chair of a county board of commissioners or their legal successors. It may not be continued for a period in excess of three days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency must be given prompt and general publicity and filed promptly by the chief of the local record-keeping agency of the political subdivision. A declaration of a local emergency invokes necessary portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and may authorize aid and assistance under those plans. State Statute 12.25: Each political subdivision shall establish a local organization for emergency management in accordance with the state emergency management program, but no town shall establish a local organization for emergency management without approval of the state director. Each local organization for emergency management must have a director appointed forthwith: in a city by the mayor, in a town by the town board, and for a public corporation organized and existing under sections 473.601 to 473.679 by its governing body. The local director is directly responsible for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the local governing body.

  Saint Paul City Code: 13.02 - 13.06

  Minnesota Statute: 12.2912.25

Missouri[edit]

• Kansas City (click to expand)

  Specific code

  City Code Sec. 2-85: (1)Disaster means any large scale event as described in subsection (a)(2) which results in, or has the potential to result in a significant loss of life or property, and which exceeds the ability of the city to effectively respond without assistance from the state or federal government. (2)Major emergency means any large scale event requiring the use of the emergency operations center to coordinate the combined response of three (3) or more city departments to an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity. The city establishes the office of emergency management (OEM) under the direction of the city manager to prepare for and carry out actions to prevent, minimize and reduce injury and damage due to all major emergencies and disasters. OEM constitutes the city's official "local organization for emergency management" as defined in the Civil Defense Act, RSMo 44.010 et seq. OEM is responsible for emergency planning, emergency preparedness, and the coordination of response and recovery operations related to all disasters that may impact the city. OEM shall be responsible for the performance of emergency management functions within the territorial limits of the city and may conduct these functions outside the territorial limits as may be required pursuant to the provisions of RSMo ch. 44. The city manager shall appoint a qualified emergency manager who shall have direct responsibility for the organization, administration and operation of local emergency management operations, subject to the direction and control of the city manager and the city council. The emergency manager shall be responsible for:(1)The completion and maintenance of the all-hazard local emergency operations plan (LEOP). The LEOP shall be in compliance with state and federal requirements, and shall be reviewed annually with updates made as needed. The city manager is authorized to mandate the various departments, as necessary, to participate in work groups to draft, edit and implement the LEOP.(2)The completion and maintenance of procedures to ensure interdepartmental cooperation and coordination during disasters and major emergencies.(3)The operation and maintenance of a city emergency operations center (EOC). The emergency manager shall maintain the EOC in a manner that provides sufficient technological and procedural means to effectively manage field forces, and shall establish procedures for the activation and staffing of the EOC when conditions warrant.(4)The establishment of a unified management team (UMT) in accordance with the LEOP.(5)Advising the city manager and mayor concerning the need for any of the following:a.A proclamation of a local state of emergency;b.Applying for state or federal disaster assistance;c.Declaration of an area as a municipal disaster assistance zone; ord.A proclamation to establish a disaster area boundary. State Statute 44.080: Each political subdivision of this state shall establish a local organization for disaster planning in accordance with the state emergency operations plan and program. The executive officer of the political subdivision shall appoint a coordinator who shall have direct responsibility for the organization, administration and operation of the local emergency management operations, subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall be responsible for the performance of emergency management functions within the territorial limits of its political subdivision, and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of this law.

  Kansas City Code: Sec. 2-85

  Missouri Revisor of Statutes: 44.080

• St. Louis (click to expand)

  Specific code

  "City Code 3.40.010 - 3.40.070: ""Enemy-caused emergency"" means any state of emergency caused by actual or impending attack, sabotage or other hostile action, anywhere within the United States, and involving imminent peril to lives and property in the City. ""Man-made emergency"" means any state of emergency caused by man, either by accident or premeditation, when such act or acts involve imminent peril to lives and property in the City. This form of emergency is not in conflict with Subsection B of this section. ""Natural emergency"" means any state of emergency caused by an actual or impending flood, drought, tornado, fire, hurricane, earthquake, storm, air pollution or other catastrophe in or near the City, and involving imminent peril to lives and property in City. A City Emergency Management Agency Supervisor, who shall be appointed by the Director of Public Safety in accordance with Article XVIII of the Charter. The Supervisor shall be the executive head of the City Emergency Management Agency, and shall be responsible for carrying out the Emergency Management program of the City. The Supervisor shall receive a salary fixed in accordance with ordinance provisions. The Supervisor shall coordinate the activities of all organizations for emergency management within the City and shall maintain liaison with and cooperate with emergency management agencies and organizations of other governmental units both within and without the State of Missouri, and of the federal government, and shall have such additional authority, duties and responsibilities as may be authorized under this chapter, appropriate state and federal legislation In the event of any actual enemy-caused emergency, the Mayor may exercise the power to enforce all rules and regulations relating to Emergency Management and act under the authority of current ordinances of the City of St. Louis, current statutes of the State of Missouri and the applicable sections of the United States Code Annotated. The Mayor may also take control of any means of transportation and communications, any facilities including buildings and plants, and exercise all powers necessary to secure the safety and protection of the general population. In exercising such powers, he shall be guided by regulations, laws and orders issued by the federal government, the State of Missouri and the City of St. Louis Emergency Management Agency and shall take no action contrary to orders which may be issued by the Governor under similar emergency powers. In the event of any natural or man-made emergency as proclaimed by the Mayor of St. Louis, the Director of Emergency Management with the approval of the Mayor, and acting under his instructions, shall coordinate in every way proper the activities of the City Emergency Management Agency. He is specifically charged in such emergency with the collection, evaluation, and dissemination of information to all agencies, both public and private participating in the emergency. He shall, as the Director, have the power to recommend appropriate action, but he shall not otherwise exercise control over the participating agencies. He shall also recommend to the Mayor the allocation and distribution of any funds received from the federal or state governments or from any other source to help alleviate distress and aid in restoring normal conditions. State Statute 44.080: Each political subdivision of this state shall establish a local organization for disaster planning in accordance with the state emergency operations plan and program. The executive officer of the political subdivision shall appoint a coordinator who shall have direct responsibility for the organization, administration and operation of the local emergency management operations, subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall be responsible for the performance of emergency management functions within the territorial limits of its political subdivision, and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of this law."

  St. Louis City Code: 3.40.010 - 3.40.070

  Missouri Revisor of Statutes: 44.080

  
  

Nebraska[edit]

• Omaha (click to expand)

  Specific code

  'City Code Sec. 8-81 - Sec. 8-86:' Notwithstanding any other provision of law to the contrary, an emergency may be declared to exist within the city whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, or acts of God, including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city. The mayor is hereby authorized, if he finds that the city or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a state of emergency. Whenever, in the judgment of the mayor, or, in the event of his inability to act, the council president, an emergency exists within the city, he shall have power to impose by proclamation any regulations necessary to preserve the peace and order of the city. Any state of emergency declared by the mayor shall exist for the period set forth in the proclamation, but not in excess of 72 hours. A state of emergency shall not be extended beyond 72 hours without the approval of the city council. 'State Statutes 81-829.50:' (1) A local emergency may be declared only by the principal executive officer of a local government who finds that conditions defined as a disaster or an emergency exist or by a person who by resolution has been authorized and designated by the governing board of a local government to determine that an emergency within the scope of his or her authorization exists. A copy of the resolution shall be filed with the Nebraska Emergency Management Agency to be effective. The proclamation shall continue in effect until the principal executive officer finds that the disaster or emergency has been dealt with to the extent that those conditions no longer exist. The local governing body by resolution may terminate a local state of emergency proclamation at any time, and upon such termination the principal executive officer shall terminate the proclamation. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly with the clerk of the local government and the Nebraska Emergency Management Agency. (2) The effect of a declaration of a local emergency shall be to activate the response and recovery aspects of any and all applicable city, village, county, or interjurisdictional emergency operations plans and to authorize the furnishing of aid and assistance under such plans. 'State Statutes 81-829.46:' (1) The elected officers of local governments shall be responsible for ensuring that emergency management services are provided to their citizens and for coordinating emergency operations in their respective jurisdictions. (2) Each local government shall be within the jurisdiction of and served by the Nebraska Emergency Management Agency and shall participate in a city, village, county, or interjurisdictional emergency management organization. Each county or interjurisdictional emergency management organization shall cooperate with and perform emergency management functions for the local governments located within the organization's boundaries but shall not have responsibility for emergency management services within a city or village having its own emergency management organization. Each city or village may maintain a city or village emergency management organization which, if formed, shall be the primary organization for emergency management serving that city or village. Any county or interjurisdictional emergency management organization may assist in emergency management functions for that city or village if approved by the city or village emergency management organization. Each county may maintain a county emergency management organization which shall be the primary organization for emergency management for that county. Any city, village, or interjurisdictional emergency management organization may assist in emergency management functions for that county if approved by the county emergency management organization.

  Omaha City Code: Sec. 8-81 - Sec. 8-86

  Nebraska Revised Statute: 81-829.50 81-829.46

• Lincoln (click to expand)

  Specific code

  Municipal Code 2.06.040 - 2.06.050: Emergency powers of the mayor The Mayor is authorized to declare a state of emergency when he finds that the city or any part thereof is suffering or is in imminent danger of suffering from a natural disaster or other event, including floods, tornadoes, or other occurrences which will seriously and substantially endanger the health, safety, welfare or property of the citizens of the City of Lincoln. Municipal Code 2.06.060: All prohibitions and restrictions imposed by proclamation shall take effect immediately upon publication of the proclamation in the area affected unless the proclamation sets a later time. For the purpose of requiring compliance, publication may consist of reports of the substance of the proclamation to the mass communications media serving the affected area or other effective means of disseminating the necessary information quickly. As soon as practicable, appropriate distribution of the full text of any proclamation shall be made. Municipal Code 2.06.070: Any state of emergency declared by the Mayor under Section 2.06.040 shall exist for the period set forth in the proclamation not in excess of seventy-two hours. The state of emergency shall not be extended beyond seventy-two hours without the approval of the City Council. State Statutes 81-829.50: (1) A local emergency may be declared only by the principal executive officer of a local government who finds that conditions defined as a disaster or an emergency exist or by a person who by resolution has been authorized and designated by the governing board of a local government to determine that an emergency within the scope of his or her authorization exists. A copy of the resolution shall be filed with the Nebraska Emergency Management Agency to be effective. The proclamation shall continue in effect until the principal executive officer finds that the disaster or emergency has been dealt with to the extent that those conditions no longer exist. The local governing body by resolution may terminate a local state of emergency proclamation at any time, and upon such termination the principal executive officer shall terminate the proclamation. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly with the clerk of the local government and the Nebraska Emergency Management Agency. (2) The effect of a declaration of a local emergency shall be to activate the response and recovery aspects of any and all applicable city, village, county, or interjurisdictional emergency operations plans and to authorize the furnishing of aid and assistance under such plans. State Statutes 81-829.46: (1) The elected officers of local governments shall be responsible for ensuring that emergency management services are provided to their citizens and for coordinating emergency operations in their respective jurisdictions. (2) Each local government shall be within the jurisdiction of and served by the Nebraska Emergency Management Agency and shall participate in a city, village, county, or interjurisdictional emergency management organization. Each county or interjurisdictional emergency management organization shall cooperate with and perform emergency management functions for the local governments located within the organization's boundaries but shall not have responsibility for emergency management services within a city or village having its own emergency management organization. Each city or village may maintain a city or village emergency management organization which, if formed, shall be the primary organization for emergency management serving that city or village. Any county or interjurisdictional emergency management organization may assist in emergency management functions for that city or village if approved by the city or village emergency management organization. Each county may maintain a county emergency management organization which shall be the primary organization for emergency management for that county. Any city, village, or interjurisdictional emergency management organization may assist in emergency management functions for that county if approved by the county emergency management organization.

  Lincoln Municipal Code: 2.06.040 - 2.06.050 2.06.060 2.06.070

  Nebraska Revised Statute: 81-829.50 81-829.46

Nevada[edit]

• Las Vegas (click to expand)

  Specific code

  City Code 2.30.020 - 2.30.050: "Disaster" means a flood, fire of extraordinary proportion, earthquake, storm, epidemic, water supply emergency, actual or threatened riot, serious domestic violence, insurrection, general war or other major calamity. (A)The Mayor, pursuant to the powers granted in Title III, Section 3.010 of the Charter for the City of Las Vegas, shall have the authority to declare a state of disaster emergency by proclamation. Upon the absence or the unavailability of the Mayor, the Mayor Pro Tem shall have the powers and authority granted to the Mayor in this Chapter, and upon the absence or unavailability of the Mayor and the Mayor Pro Tem, the powers are delegated to any two of the remaining members of the City Council. Upon the absence or unavailability of two Council members, the powers are delegated to the City Manager and upon the absence or unavailability of the City Manager, the powers are delegated to the Director of Fire and Rescue. (B)The Mayor is authorized and empowered to include in the proclamation any restrictions related to emergency management or for the protection and preservation of life and property that are authorized by the City Charter or State law, and to limit any or all of those restrictions to any area specifically designated or described within the corporate limits of the City for specific hours of the day or night. (C)The Mayor shall proclaim the end of such state of disaster emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the City Council. (D)Upon the declaration of a state of disaster emergency, the City Manager shall post a written notice of such declaration upon the special outside City Hall bulletin board, and shall notify by fax, e-mail or telephone no fewer than two newspapers of general circulation within the City, at least three television stations and at least three radio stations broadcasting in Clark County. When practicable, the City Manager shall also cause the written notice to be published in its entirety, at least four days each week in a newspaper of general circulation in the City until the state of emergency is declared to be terminated. (E)Any proclamation made pursuant to this Section must be ratified by the City Council at the next available regular or special meeting of the City Council. Notwithstanding any provision of this Section, no proclamation made hereunder shall be deemed invalid or be deemed to expire by the City Council's failure to convene or to take action concerning the proclamation. City Charter Sec. 3.010: The Mayor: 1.Is the Chief Executive Officer of the City government. 2.Shall take all proper measures for the preservation of the public peace and order and the suppression of riots, tumults and all forms of public disturbances, for which purposes he may request assistance from the Sheriff of the Las Vegas Metropolitan Police Department. If the local law enforcement forces are inadequate, he may call upon the Governor for military aid in the manner provided by law. 3.Shall perform such other emergency duties as may be necessary for the public health, safety, prosperity, security, general welfare and orderly government of the City and its inhabitants. State Statute 414.090: Except as otherwise provided in subsection 2, each county of this state shall, and each city of this state may, establish a local organization for emergency management in accordance with the state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

  Las Vegas City Code: 2.30.020 - 2.30.050

  Las Vegas City Charter: Sec. 3.010

  Nevada Revised Statute: NRS414.090

• Henderson (click to expand)

  Specific code

  Municipal Code 2.24.010 - 2.24.090: Disaster means a state of injury or damage resulting from an emergency of sufficient severity and magnitude as to be beyond the ability of local governments or private relief agencies to alleviate the damage, loss, hardship or suffering caused thereby. Emergency means the occurrence or imminently threatened occurrence of widespread or severe damage, injury or loss of life or property resulting from any war or natural or man-made catastrophe or mass casualty incident, including but not limited to fire, flood, earthquake, windstorm, explosion, landslide, avalanche, epidemic, air contamination, radioactive fallout, hazardous substance release or oil spill, or riot or other civil disturbance. A.In accordance with NRS 241.020(2) and (5); Henderson City Charter sections 2.050 and 3.010, and the emergency operations plan, the mayor or a majority of the members of the city council may call an emergency meeting. If it is determined that a state of emergency exists, the city council shall declare in writing that a state of emergency exists and shall publicize, by a method deemed appropriate by council, the existence of the emergency. If circumstances prohibit timely action by the council, then the following shall apply: 1.The mayor may declare a state of emergency and seek the ratification of that declaration by a majority of the city council at the next lawful meeting. If the city council fails to ratify the action of the mayor, the state of emergency ceases to exist. 2.If the mayor is unavailable, then the mayor pro tempore may declare a state of emergency and seek the ratification of that declaration by a majority of the city council at the next lawful meeting. If the city council fails to ratify the action of the mayor pro tempore, the state of emergency ceases to exist. 3.If the mayor and the mayor pro tempore are both unavailable, then the city manager may declare a state of emergency and seek the ratification of that declaration by a majority of the city council at the next lawful meeting. If the city council fails to ratify the action of the city manager, the state of emergency ceases to exist. 4.If the mayor, the mayor pro tempore and the city manager are all unavailable, then the emergency management coordinator may declare a state of emergency and such action shall be subject to confirmation by the city manager upon his return to duty. If confirmed, the city manager will seek the ratification of the declaration by a majority of the city council at the next lawful meeting. If the city council fails to ratify the action at the next lawful meeting, the state of emergency ceases to exist. B.The city council or city manager shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. City Charter Section 3.010: The Mayor shall: (d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City. State Statute 414.090: Except as otherwise provided in subsection 2, each county of this state shall, and each city of this state may, establish a local organization for emergency management in accordance with the state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

  Henderson Municipal Code: 2.24.010 - 2.24.090

  Henderson City Charter: Section 3.010

  Nevada Revised Statute: NRS414.090

• Reno (click to expand)

  Specific code

  Municipal Code Sec. 8.34.010 - 8.34.060: Disaster means an emergency which is so severe or widespread that it is beyond the ability of local governments or private relief agencies to alleviate the damage, loss, hardship or suffering caused thereby. Emergency means any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare. Such events include, but are not limited to fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous substances, disease, blight, infestation, disruption of utility or transportation service, civil disturbance, riot, sabotage and war. An emergency can exist without an official declaration of a state of emergency. (a)When in the judgement of the mayor or in his absence the assistant mayor or in his absence the city manager that an emergency/disaster is deemed to exist, they shall forthwith proclaim in writing the existence of same. (b)The mayor, assistant mayor, the city council, or the city manager shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. (a)The position of emergency management coordinator is hereby created. The coordinator shall be appointed by the city manager in accordance with Article III, section 2.14.200 of the City of Reno Charter at a salary set by section 2.14.220 which is fixed by the city council; or whose duties at the discretion of the city manager shall be assigned to the assistant city manager or another city employee. (b)The coordinator is authorized and empowered with the authority to petition, acquire and accept funds from the United States Federal Government or any agency or office thereof, or from the State of Nevada, for emergency management purposes, as provided in the provisions of NRS 414.130. (c)The coordinator may:(1)Represent the city council and city manager at meetings pertaining to emergency management.(2)Request and receive cooperation of city officials in the preparation, implementation of and training on emergency management plans. State Statute 414.090: Except as otherwise provided in subsection 2, each county of this state shall, and each city of this state may, establish a local organization for emergency management in accordance with the state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

  Reno Municipal Code: 8.34.010 - 8.34.060

  Nevada Revised Statute: NRS 414.090

• North Las Vegas (click to expand)

  Specific code

  Municipal Code 2.32.010 - 2.32.100: A.In accordance with NRS 241.020(2) and NRS 241.020(4), the Mayor may call an emergency meeting. If it is determined that a state of emergency exists, the City Council shall declare in writing that an emergency exists and shall publicize, by a method deemed appropriate by Council, the existence of the emergency. If circumstances prohibit timely action by the Council, the City Manager may declare a state of emergency and seek the ratification of that declaration by a majority of the City Council at the next lawful meeting. If the City Council fails to ratify the action of the City Manager, the state of emergency ceases to exist. B.The City Council or City Manager shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. A.At the inception of and during a disaster or emergency, the City Manager or his/her designee: 1.Shall implement the North Las Vegas emergency response plan and may direct and control such other City employees as are required to implement the plan; 2.May, through requisition or contract with private parties or other governmental entities, obtain vital services, supplies and equipment needed to protect life and property and implement the plan, and may bind the City for the value thereof without being required to comply with the normal purchasing procedures, if compliance with those procedures would unreasonably hamper or impair the implementation of the plan; 3.May suspend the licensing requirements for persons whose services are required for implementation of the emergency response plan; 4.May issue an emergency directive on any matter necessary for the protection of persons or property. Violation of an emergency directive from the City Manager or the Governor is punishable by suspension or revocation of a business license or permit, by imposition of an administrative penalty of up to one thousand dollars ($1,000.00) per violation per day, or as a criminal misdemeanor, cumulative with other penalties provided for under this Code or other applicable law. B.The emergency powers granted the City Manager under this section, including any emergency directive, may be revoked, limited or restricted by order of the City Council. State Statute 414.090: Except as otherwise provided in subsection 2, each county of this state shall, and each city of this state may, establish a local organization for emergency management in accordance with the state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

  North Las Vegas Municipal Code: 2.32.010 - 2.32.100

  Nevada Revised Statute: NRS 414.090

New Jersey[edit]

• Newark (click to expand)

  Specific code

  'Municipal Code 2:22-5:' The Office of Emergency Management shall be responsible for the following duties and responsibilities: 1. Developing emergency response plans and ensuring the City is able to successfully implement these plans. 2. Designing and conducting drills for different emergency scenarios. 3. Coordinating emergency management training. 4. Planning the interagency response for a wide range of emergencies including: biological, chemical, and nuclear terrorism; severe flooding; extreme heat; utility services disruptions; building collapses; and special events. 5. Establishing a Public-Private Emergency Partnership Program. 6. Assisting Federal, State, County, and City officials and their respective constituents with disaster response and mitigation. 7. Providing the public with accurate, timely information regarding emergency management planning, response and hazard mitigation in the City of Newark. 'State Statute App.A:9-40.5:' Whenever, in his opinion, a disaster has occurred or is imminent in any municipality, the municipal emergency management coordinator of that municipality shall proclaim a state of local disaster emergency within the municipality. The municipal emergency management coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the municipality.

  Newark Municipal Code: 2:22-5

  New Jersey Revised Statute: App.A:9-40.5

  
  

• Jersey City (click to expand)

  Specific code

  'Municipal Code 3-92:' A.Within the Department of the Public Safety there shall be a Division of Municipal Emergency Management and Homeland Security, the head of which shall be the Municipal Emergency Management Homeland Security Coordinator/Director. B.The Municipal Emergency Management Homeland Security Coordinator/Director shall serve for a term of three years. C.The Municipal Emergency Management Homeland Security Coordinator/Director shall be responsible for the planning, coordinating, response and recovery from all facets of natural and manmade disasters and the conduct of Emergency Management/Homeland Security operations within the City of Jersey City and shall be a member and shall serve as chairman of the Local Emergency Planning Council (LEPC). D.The Municipal Emergency Management Homeland Security Coordinator/Director may appoint one or more Deputy Municipal Emergency Management Homeland Security Coordinators/Directors with the approval of the Mayor. 'State Statute App.A:9-40.5:' Whenever, in his opinion, a disaster has occurred or is imminent in any municipality, the municipal emergency management coordinator of that municipality shall proclaim a state of local disaster emergency within the municipality. The municipal emergency management coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the municipality.

  Jersey City Municipal Code: 3-92

  New Jersey Revised Statute: App.A:9-40.5

New Mexico[edit]

• Albuquerque (click to expand)

  Specific code

  City Code 2-9-1-1 - 2-9-1-6: CIVIL EMERGENCY. (1) A riot. Any use of force or violence, or any threat to use force or violence, if accompanied by the immediate power of execution, which threatens to result in acts described in division (4) below by three or more persons acting together, and without authority of law, which cannot be controlled or stopped under existing conditions and authority, is a riot. (2) Unlawful assembly consisting of three or more persons assembling together with intent to do any unlawful act described in division (4) below with force or violence against the person or property of another, and who make any overt act to carry out such unlawful purpose, or who do a lawful act in an unlawful, violent or tumultuous manner, which cannot be controlled or stopped under existing conditions or authority. (3) A natural disaster or a human-caused calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake, technological disruption, cyberattack or explosion occurring within or affecting property within the city limits of the city which endangers life and property to such extent that extraordinary measures must be taken to protect the public health, safety and welfare. (4) Unlawful activities, such as looting, arson, fire bombing, sniping, interference with emergency vehicles, widespread criminal damage to property, which in the opinion of the Mayor based upon consultation with the Chief of Police cannot be controlled nor stopped under existing conditions and authority without unduly further endangering life or property. PUBLIC HEALTH EMERGENCY. An actual or imminent outbreak, or reasonable threat of an actual or imminent outbreak, of any infectious disease that presents a threat to the health or safety of the residents of the city, or threatens to unreasonably strain the medical or emergency service resources available in the city. Whenever the Mayor shall after consultation with the Director of the City Office of Emergency Management, find that a civil emergency exists as defined herein and that invocation of the extraordinary powers conferred herein is necessary to ensure or to restore the public peace, he shall forthwith proclaim in writing the existence of such emergency. Upon such determination the Mayor is hereby empowered to invoke any or all of the following provisions: (A) To declare hours of curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public or semi-public places. The curfew shall be declared by proclamation which shall be delivered to the Chief of Police, who shall see that copies thereof are delivered to all news media within the city and who shall also use public address systems to notify the public of said proclamation and curfew hours and warn the public that violation of said curfew constitutes a misdemeanor and violators are subject to arrest. (B) To close any and all streets, alleys and other public ways in the city to the public whenever it is necessary for the preservation of life and property and the maintenance of law and order. (C) Order the closing of all retail package liquor stores and outlets. (D) Order the closing of all bars and other establishments selling intoxicating liquor or beer by the drink. (E) Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle said sale to be limited to not more than one gallon per motor vehicle, or in the alternative, order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products. (F) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever, or in the alternative, order the closing of all establishments or portions thereof where arms and/or ammunition are kept for sale or distribution. (G) Issue such other orders as are imminently necessary for the protection of life and property. Whenever the Mayor shall, after consultation with the Director of the City Office of Emergency Management, find that a public health emergency exists as defined herein and that invocation of the extraordinary powers conferred herein is necessary to help preserve and maintain the health, safety, and welfare of the general public, he shall forthwith proclaim in writing the existence of such emergency. (A) Any emergency proclaimed in accordance with the provisions of §§ 2-9-1-1 et seq. shall take effect immediately, and terminate after 48 hours from the issuance thereof, or may terminate sooner upon the issuance of a proclamation by the Mayor determining an emergency no longer exists, whichever occurs first; provided, however, that any emergency proclamation may be sooner terminated by resolution of the City Council prior to the termination of 48 hours or may be extended by resolution of the Council as originally proclaimed or with amendments for any such additional periods of time as deemed necessary by the City Council up to a maximum of 90 days per proclamation. (B) Any public health emergency proclaimed in accordance with the provisions of §§ 2-9-1-1 et seq. shall take effect immediately, and terminate upon the date set forth by the proclamation, not to exceed 30 days from the issuance thereof, or may terminate sooner upon the issuance of a proclamation by the Mayor determining an emergency no longer exists, whichever occurs first; provided, however, that any emergency proclamation may be sooner terminated or amended by resolution of the City Council prior to the termination of 30 days or may be extended by any resolution of the Council as originally proclaimed or with amendments for any such additional periods of time as deemed necessary by the City Council up to a maximum of 90 days per proclamation. City Code 2-9-2-2: (A) The Director shall be the executive head of the Office of Emergency Management and shall be responsible to the Mayor for the organization, administration, and operation of the Office of Emergency Management and all of the city's emergency management programs. The Director shall coordinate the city's emergency management programs with programs of like kind placed into effect by the County of Bernalillo, private persons, and all nongovernmental agencies, and shall act as a liaison and fully cooperate with the emergency management agencies of the federal government and the State of New Mexico and its political subdivisions. (B) Subject to approval by the Mayor, the Director shall act for the government of the city in all matters pertaining to emergency management, including the obligation of such municipal funds as may be appropriated for emergency management purposes.

  Albuquerque Code of Ordinances: 2-9-1-1 - 2-9-1-6 2-9-2-2

New York[edit]

• New York City (click to expand)

  Specific code

  'Administrative Code 3-104 - 3-107:' Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part of parts thereof. 1. Whenever the mayor, pursuant to section 3-104, declares that a state of emergency exists, (a) the emergency measures provided in subdivision two of this section shall thereupon be in effect during the period of said emergency and throughout the city and (b) the mayor may order and promulgate all or any of the emergency measures provided in subdivision three of this section, in whole or in part, and with such limitations and conditions as he or she may deem appropriate, and any such emergency measure so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared. 2. (a) The sale or other transfer of possession, with or without consideration, offer to sell or so transfer, and the purchase of any ammunition, guns and other firearms of any size or description is prohibited. (b) The displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description is prohibited. (c) The possession in a public place of a rifle or shotgun by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his or her duty, is prohibited. (d) The possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the police commissioner, for the purchase and possession of rifles and shotguns, is prohibited. 3. (a) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians. (b) The prohibition of the sale of any alcoholic beverage. (c) The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage. (d) The closing of places of public assemblage with designated exceptions. (e) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof. (f) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of the code shall, as promptly as practicable, be filed in the office of the city clerk and published in the City Record and shall also be delivered to appropriate news media for publication and radio and television broadcast thereby. If practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means such as by posting and loud-speakers. A state of emergency established under the code shall commence upon the declaration thereof by the mayor and shall terminate at the end of a period of five consecutive days thereafter, unless prior to the end of such five day period, the mayor shall either terminate such state of emergency or shall declare an additional state of emergency. Any such additional state of emergency shall commence and terminate as provided in section 3-104 and in this section. 'City Charter Chapter 19-A Section 495 - Section 498:' Powers and duties of Emergency Management Department There shall be an emergency management department, which may also be known as the New York city office of emergency management, the head of which shall be the commissioner of emergency management. The commissioner shall be appointed by the mayor. The commissioner shall also serve as the local director of civil defense, with the powers of a local director of civil defense. 'Executive Law Article 2-B Section 24:' Notwithstanding any inconsistent provision of law, general or special, in the event of a disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any county, city, town or village, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding by the chief executive thereof that the public safety is imperiled thereby, such chief executive may proclaim a local state of emergency within any part or all of the territorial limits of such local government; provided, however, that in the event of a radiological accident as defined in section twenty-nine-c of this article, such chief executive may request of the governor a declaration of disaster emergency. Such proclamation shall remain in effect for a period not to exceed thirty days or until rescinded by the chief executive, whichever occurs first. The chief executive may issue additional proclamations to extend the state of emergency for additional periods not to exceed thirty days. Following such proclamation and during the continuance of such local state of emergency, the chief executive may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.

  New York City Administrative Code: 3-104 - 3-107

  New York City Charter: Chapter 19-A Section 495 - Section 498

  New York Executive Law: Article 2-B Section 2

• Buffalo (click to expand)

  Specific code

  County Administrative Code 11 C.02 - 11 C.05: The commissioner of emergency services shall have and exercise all the powers and duties granted or imposed by the laws of the state of New York upon a county director of emergency medical services, a county fire coordinator, a county director of civil defense and a county director of disaster preparedness and all the duties heretofore or hereafter lawfully granted or imposed by the county charter, by this code, by local law, ordinance or resolution of the county legislature, by order or direction of the county executive, or by applicable provision of any act of the state legislature not inconsistent with the county charter or this code. The division of civil defense/disaster preparedness shall be headed by a deputy commissioner who shall be appointed by the county executive, subject to confirmation by the county legislature, to serve at the pleasure of the county executive. The deputy commissioner of civil defense/disaster preparedness shall, when so directed by the commissioner: have and exercise any or all of the powers and duties vested in and imposed upon a local director of civil defense under the New York state defense emergency act; develop, make public and regularly amend a county disaster preparedness plan, in accordance with article two B of the executive law, for the coordination of emergency services in the event of natural or other disaster or emergency; coordinate the provision of disaster and emergency assistance by local disaster preparedness and civil defense forces in the event such assistance is requested by the chief executive of any city, town or village within the county; have and exercise any related powers and duties heretofore or hereafter lawfully granted or imposed by the county charter, by this code, by local law, ordinance or resolution of the county legislature, by order or direction of the county executive, or by applicable provision of any act of the state legislature not inconsistent with the county charter or this code. City Charter 4-1: The mayor shall be the chief executive officer of the city and shall maintain peace and good order and enforce the laws therein and shall supervise and direct all department heads and see to it that the duties of all other city officers, departments, boards, commissions and other city agencies are faithfully performed and shall have authority at all times to examine their books, papers, records and accounts and the moneys, securities and property of the city in their possession and may in his or her discretion exercise such authority through the director of the budget or otherwise. The mayor shall have the right to appear before and address the council at any meeting. He or she shall have the custody of the seal of the city and shall, except as herein otherwise provided, authenticate all accounts of the council and all instruments and papers authorized to be so authenticated. The mayor shall also exercise such powers and perform such duties as are imposed by this act and by any local law or ordinance and by any provision of general law. Executive Law Article 2-B Section 24: Notwithstanding any inconsistent provision of law, general or special, in the event of a disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any county, city, town or village, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding by the chief executive thereof that the public safety is imperiled thereby, such chief executive may proclaim a local state of emergency within any part or all of the territorial limits of such local government; provided, however, that in the event of a radiological accident as defined in section twenty-nine-c of this article, such chief executive may request of the governor a declaration of disaster emergency. Such proclamation shall remain in effect for a period not to exceed thirty days or until rescinded by the chief executive, whichever occurs first. The chief executive may issue additional proclamations to extend the state of emergency for additional periods not to exceed thirty days. Following such proclamation and during the continuance of such local state of emergency, the chief executive may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.

  Erie County Administrative Code: 11 C.02 - 11 C.05

  Buffalo City Charter: 4-1

  New York Executive Law: Article 2-B Section 24

North Carolina[edit]

• Charlotte (click to expand)

  Specific code

  Municipal Code Sec. 15-20: (a)A "state of emergency" shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property. (b)If an existing or threatened state of emergency occurs endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order more effectively to protect the lives and property of the people within the city, to place in effect any or all of the restrictions authorized in this section, including the authority to define and impose a curfew. (c)The mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits and to specific hours of the day or night, and to exempt the following from all or any part of such restrictions: (1)Law enforcement officers, firefighters and other public employees; (2)Doctors, nurses, employees of hospitals and other medical facilities; (3)On-duty military personnel, whether state or federal; (4)On-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and (5)Such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the city. (d)The mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the city council. (e)During the existence of a proclaimed state of emergency, the mayor may, by proclamation, prohibit or regulate any or all of the following: (1)The possession, off one's own premises, of explosives, any substance which by itself or in combination with other substances could be used to make an explosive device or weapon of mass destruction, firearms, ammunition, or dangerous weapons of any kind, and prohibit or regulate the purchase, sale, transfer or other disposition thereof. (2)The buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one's own premises. (3)Any demonstration, parade, march, vigil or participation therein from taking place on any of the public ways or upon any public property. (4)The sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substances or any substance which, by itself or in combination with other substances, could be used to make an explosive device or weapon of mass destruction. (5)Travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof.(6)The participation in or carrying on of any business activity, and the keeping open of places of business, places of entertainment, and any other places of public assembly. (f)Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation. State Statute 166A-19.22: Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a county. Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or governing body that declared it.

  Charlotte Municipal Code: Sec. 15-20

  North Carolina General Statutes: 166A-19.22

• Raleigh (click to expand)

  Specific code

  Municipal Code Sec. 1-1051: (a) Definition: A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property . (b) Proclamation: In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the City , or threatening danger to or destruction of property , the Mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the City , to place in effect any or all of the restrictions hereinafter authorized. (c) Mayor's Powers: The Mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the City and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers , Fire Department officers and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or Federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the City . (d) End of State of Emergency: The Mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the Council . (e)Restrictions During Emergency: During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions: (1)Prohibit or regulate the possession off one's own premises of explosives, firearms, ammunition or dangerous weapons of any kind, and prohibit the purchase, sale, transfer or other disposition thereof.(2)Prohibit or regulate the buying or selling of beer, wine or intoxicating beverages of any kind, and their possession or consumption off one's own premises.(3)Prohibit or regulate any demonstration, parade, march, vigil or participation therein when taking place on any of the public ways or upon any public property .(4)Prohibit or regulate the sale of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances.(5)Prohibit or regulate travel upon any public street , alley or roadway or upon any other public property and to except those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof.(6)Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other public assembly of any nature whatsoever. (f)Subsequent Proclamation: Any proclamation may be extended, altered or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation. State Statute 166A-19.22: Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a county. Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or governing body that declared it.

  Raleigh Municipal Code: Sec. 1-1051

  North Carolina General Statutes: 166A-19.22

• Greensboro (click to expand)

  Specific code

  City Code Sec. 9-1 - Sec. 9-12: (a)A state of emergency shall be deemed to exist whenever during times of public crisis, disaster, rioting, catastrophe or similar public emergency, for any reason, public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property, or whenever the occurrence of any such condition is imminent. (b)In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the City of Greensboro or any part thereof or threatening damages to or destruction of property, the mayor or the city council is hereby authorized and empowered under G.S. § 166A-19.22 to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order to more effectively protect the lives and property of people within the county, to place in effect any or all of the restrictions hereinafter authorized. The mayor or the city council shall fully utilize all available emergency service and management agencies and coordinators. (c)The mayor or the city council is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the city and to specific hours of the day or night and to exempt from all or any part of such restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters and other public employees, rescue squad members, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities, public transportation companies and newspaper, magazine, radio broadcasting and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of people within the City of Greensboro. (a) The mayor or the city council by proclamation may impose the prohibitions and restrictions specified in sections 9-3 through 9-8 of this article in the manner described in those sections. The mayor or the city council may impose as many of those specified prohibitions and restrictions as he/she finds necessary because of an emergency to maintain an acceptable level of public order and services and to protect lives, safety and property. The mayor or the city council shall recite the findings in the proclamation. (b) The proclamation shall be in writing. The mayor or the city council shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the Melvin Municipal Office Building and the county courthouse. The mayor or the city council shall send reports of the substance of the proclamation to the mass communications media which serve the affected area. The mayor or the city council shall retain a text of the proclamation and furnish upon request certified copies of it. Any proclamation issued under this article shall expire five (5) days after its last imposition unless sooner terminated in writing under the same procedures set forth in section 9-2 for proclamations. In case of the absence or disability of the mayor, the mayor pro tem, or such other person as may be designated by the city council, shall have and exercise all of the powers herein given the mayor. State Statute 166A-19.22: Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a county. Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or governing body that declared it.

  Greensboro Code of Ordinances: Sec. 9-1 - Sec. 9-12

  North Carolina General Statutes: 166A-19.22

• Durham (click to expand)

  Specific code

  'City Code Sec. 22-2 - Sec. 22-7' The mayor is authorized to declare a state of emergency. The mayor is authorized to impose by declaration prohibitions and restrictions under G.S. 166A-19.31, and to impose those prohibitions and restrictions at a particular time as appropriate. The mayor may determine and impose the prohibitions or restrictions that he or she deems necessary or suitable to a particular state of emergency. (a)During the disability of the mayor, or the mayor's absence from the city, or at other times when the mayor is not authorized by law to exercise the functions of the office, the mayor pro tempore may exercise the functions assigned to the mayor in this article. During the disability of the mayor pro tempore, or the mayor pro tempore's absence from the city, or at other times when the mayor pro tempore is not authorized by law to exercise the functions of the office, the city manager may exercise the functions assigned to the mayor in this article. (b)The person designated or approved by the city council to perform the duties of the city manager during the absence or disability of the city manager, or while the office of city manager is not filled, may exercise the functions assigned to the mayor in this article. This subsection applies only when (1), (2), and (3) apply: (1)During any of the following: the disability of the mayor, the mayor's absence from the city, the time when the mayor is not authorized by law to exercise the functions of the office, or the time when the office of mayor is vacant; (2)During any of the following: the disability of the mayor pro tempore, the mayor pro tempore's absence from the city, the time when the mayor pro tempore is not authorized by law to exercise the functions of the office, or the time when the office of mayor pro tempore is vacant; and (3)During the absence or disability of the city manager, or while the office of city manager is not filled. (c)The functions assigned to the mayor in this article include the power to terminate a state of emergency. 'State Statute 166A-19.22:' Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a county. Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or governing body that declared it.

  Durham Code of Ordinances: Sec. 22-2 - Sec. 22-7

  North Carolina General Statutes 166A-19.22

• Winston-Salem (click to expand)

  Specific code

  City Code Sec. 18-21: (a) "State of emergency" defined. A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, civil disturbance or catastrophe, or for any other reason municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property. (b) Proclamation of state of emergency; imposition of curfew. In the event of a state of emergency threatening or endangering the lives, safety, health and welfare of the people within the city or threatening damage to or destruction of property, the mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order more effectively to protect the lives, safety and property of people within the city, to define and impose a curfew applicable to all persons within the jurisdiction of the city. The mayor may, at any time, amend the proclamation, as the mayor deems appropriate. (c) Limitation of application of curfew. The mayor is hereby authorized and empowered to limit the application of such a curfew to any area specifically designated and described within the jurisdiction of the city and to specific hours of the day or night; and to exempt from the curfew police officers, firefighters, doctors, nurses and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the city. (d) Termination of state of emergency. The mayor shall proclaim, in writing, the end of such state of emergency and curfew as soon as circumstances warrant or when directed to do so by the city council. (e) Meeting of city council. If desired, the city council may call an emergency or special meeting after a state of emergency has been proclaimed by the mayor. (f) Prohibition of certain activities. During the existence of a proclaimed state of emergency, the mayor may prohibit by proclamation any or all of the following activities: (1)Possessing off one's own premises, buying, selling, giving away, or otherwise transferring or disposing of any explosives, firearms, ammunition or blasting caps, or any dangerous weapons of any kind; (2)Selling beer, wines or intoxicating beverages of any kind, or possessing or consuming beer, wines or intoxicating beverages off one's own premises; (3)Organizing or conducting any demonstration, parade, march, vigil or participation therein from taking place on any of the public transportation ways or upon any public property; (4)Buying, selling, giving away or otherwise transferring gasoline, kerosene or any other similar petroleum products or any other combustible or inflammatory substance, except as expressly authorized by the provisions of the proclamation; (5)Being or travelling upon any public transportation ways or upon public property, unless such travel is necessary to obtain medical assistance; or (6)Participating or carrying on any business activity, or keeping open places of business or entertainment and any other place of public assembly. Absence of the mayor. In the absence of the mayor, the mayor pro tempore may exercise the duties and responsibilities set forth herein. State Statute 166A-19.22: Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a county. Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or governing body that declared it.

  Winston-Salem Code of Ordinances: Sec. 18-21

  North Carolina General Statutes: 166A-19.22

Ohio[edit]

• Columbus (click to expand)

  Specific code

  City Code 123.01 - 123.02: When there is a tumult, riot, mob or body of people acting together with the intent to commit a felony or to do or offer violence to person or property; or by force and violence to break or resist the law; or in the event of a flood, fire, snowstorm, or any other disaster affecting life and property and which substantially impairs the functioning of the city government and its ability to protect the lives and property of the people; any of the following named officers, acting in the order herein designated when the previously named officer or officers are absent from the city or are unavailable, or incapable of so doing, are authorized to proclaim the existence of a state of emergency in the city of Columbus or within any prescribed area or areas thereof; the mayor, the president of city council, the director of public safety, the chief of the division of police. When a state of emergency has been proclaimed as provided in Section 123.01 of the Codes of the city of Columbus, Ohio, 1959, any of the officers named therein, acting in accordance therewith, is authorized to issue such proclamations as he deems necessary to protect life and property. Said proclamation may include, but is not limited to, the establishment of curfew; prohibiting the sale of beer or intoxicating liquor; prohibiting the sale of firearms; restricting or prohibiting movement into, out of, or within the affected area or areas; or prohibiting or limiting the assemblage of persons; or prohibiting or limiting persons under the age of 18 years from being upon or about public streets, public places or places of amusement and entertainment within the city during the hours when said persons are required to be in attendance at either a public or private school, unless said persons are accompanied by their parent, guardian or other adult persons having the care or custody of them or, are upon an emergency errand or other legitimate business directed by their parent, guardian or other adult person having the care and custody of them. State Code 5502.26: (A) The board of county commissioners of a county and the chief executive of all or a majority of the other political subdivisions within the county may enter into a written agreement establishing a countywide emergency management agency. A representative from each political subdivision entering into the agreement, selected by the political subdivision's chief executive, shall constitute a countywide advisory group for the purpose of appointing an executive committee under this section through which the countywide agency shall implement emergency management in the county in accordance with this section and for the purpose of advising the executive committee on matters pertaining to countywide emergency management. The executive committee shall consist of at least the following seven members: one county commissioner representing the board of county commissioners entering into the agreement; five chief executives representing the muncipal corporations and townships entering into the agreement; and one nonelected representative. The countywide agreement shall specify how many additional members, if any, shall serve on the executive committee and their manner of selection. The agency shall be supported financially by the political subdivisions entering into the countywide agreement. The executive committee shall appoint a director/coordinator of emergency management who shall pursue a professional development training program in accordance with rules adopted under section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an official or employee of any political subdivision entering into the countywide agreement, except that the director/coordinator shall not be the chief executive of any such political subdivision. A countywide emergency management agency organized under this section shall establish a program for emergency management that: (1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those sections, local ordinances pertaining to emergency management, the "Robert T. Stafford Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations adopted under that act; (2) Includes, without limitation, development of an all-hazards emergency operations plan that has been coordinated with all agencies, boards, and divisions having emergency management functions within the county; (3) Includes the preparation and conduct of an annual exercise of the county's all-hazards emergency operations plan; (4) Is applicable to all political subdivisions entering into the countywide agreement. The director/coordinator of emergency management for a countywide agency organized under this section shall be responsible for coordinating, organizing, administering, and operating emergency management in accordance with the agency's program established under this section, subject to the direction and control of the executive committee. All agencies, boards, and divisions having emergency management functions within each political subdivision within the county shall cooperate in the development of the all-hazards emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.

  Columbus City Code: 123.01 - 123.02

  Ohio Revised Statutes: 5502.26

• Cleveland (click to expand)

  Specific code

  'City Charter 11:71:' It shall be the duty of the Mayor to act as chief conservator of the peace within the City; to supervise the administration of the affairs of the City; to see that all ordinances of the City are enforced; to recommend to the Council for adoption such measures as he may deem necessary or expedient; to keep the Council advised of the financial condition and future needs of the City; to prepare and submit to the Council such reports as may be required by that body, and to exercise such powers and perform such duties as are conferred or required by this Charter or by the laws of the State. 'City Charter 5:36:' All ordinances and resolutions shall be in effect from and after thirty (30) days from the date of their passage by the Council except as otherwise provided in this Charter. The Council may by a two-thirds vote of the members elected to the Council, pass emergency measures to take effect at the time indicated in the emergency measure. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a Municipal department, in which the emergency is set forth and defined in a preamble. Ordinances appropriating money may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its services by any public utility, shall ever be so passed. 'State Code 5502.26:' (A) The board of county commissioners of a county and the chief executive of all or a majority of the other political subdivisions within the county may enter into a written agreement establishing a countywide emergency management agency. A representative from each political subdivision entering into the agreement, selected by the political subdivision's chief executive, shall constitute a countywide advisory group for the purpose of appointing an executive committee under this section through which the countywide agency shall implement emergency management in the county in accordance with this section and for the purpose of advising the executive committee on matters pertaining to countywide emergency management. The executive committee shall consist of at least the following seven members: one county commissioner representing the board of county commissioners entering into the agreement; five chief executives representing the muncipal corporations and townships entering into the agreement; and one nonelected representative. The countywide agreement shall specify how many additional members, if any, shall serve on the executive committee and their manner of selection. The agency shall be supported financially by the political subdivisions entering into the countywide agreement. The executive committee shall appoint a director/coordinator of emergency management who shall pursue a professional development training program in accordance with rules adopted under section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an official or employee of any political subdivision entering into the countywide agreement, except that the director/coordinator shall not be the chief executive of any such political subdivision. A countywide emergency management agency organized under this section shall establish a program for emergency management that: (1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those sections, local ordinances pertaining to emergency management, the "Robert T. Stafford Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations adopted under that act; (2) Includes, without limitation, development of an all-hazards emergency operations plan that has been coordinated with all agencies, boards, and divisions having emergency management functions within the county; (3) Includes the preparation and conduct of an annual exercise of the county's all-hazards emergency operations plan; (4) Is applicable to all political subdivisions entering into the countywide agreement. The director/coordinator of emergency management for a countywide agency organized under this section shall be responsible for coordinating, organizing, administering, and operating emergency management in accordance with the agency's program established under this section, subject to the direction and control of the executive committee. All agencies, boards, and divisions having emergency management functions within each political subdivision within the county shall cooperate in the development of the all-hazards emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.

  Cleveland City Charter: 11:71 5:38

  Ohio Revised Statutes: 5502.26

• Cincinnati (click to expand)

  Specific code

  Administrative Code Article XVIII Sec. 2 - Sec. 9: "Public danger or emergency" shall mean: (1)A riot, as defined in any degree by the Ohio Revised Code, any civil disturbance, disorder, or other occurrence that constitutes a clear and present danger to the health, safety and property of the citizens of the city of Cincinnati, or substantially impairs the functioning of the city government and its ability to protect the lives and property of the people; or (2)Any natural disaster or man-made calamity, or clear and present danger thereof, including but not limited to flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the city of Cincinnati resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public peace, health, safety, or welfare. When the mayor, or in the absence of mayor the vice-mayor, or in the absence of both the mayor and the vice-mayor, the city manager determines that a public danger or emergency as defined in this article exists, the mayor shall forthwith proclaim in writing the existence of the same and the time of its inception and shall issue proclamation thereof to the public through the news media and such other means of dissemination as deemed advisable. The city manager, or the person assuming command as provided in Article XVIII, Section 6, may, as deemed by the person in command advisable in the interest of the public peace, health, safety or welfare and in regard to the specific area or areas of the city imperiled by the public danger or emergency or the city as a whole, make and enforce orders to do any or all of the following: (a) Prohibit or limit the number of persons who may gather or congregate, or prescribe conditions under which such persons may gather or congregate, upon the public highways or public sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access. (b) Restrict or prohibit movement within, above, or beneath the area or areas which, in the judgment of the person in command, are imperiled by the public danger or emergency. (c) Suspend operations at municipal airports. (d) Establish a curfew during such hours of the day or night as deemed advisable and prohibit persons from being out of doors during such curfew. (e) Prohibit or restrict the retail sale, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than the gasoline tank properly affixed to a motor vehicle. (f) Order the closing of gasoline stations and other establishments engaged in the retail sale, distribution or dispensing or giving away of liquid flammable or combustible products. (g) Prohibit or restrict the sale, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever. (h) Order the closing of any and all establishments or portions thereof engaged in the sale, distribution, dispensing or giving away of firearms and/or ammunition. (i) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon including but not limited to firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items. (j) Prohibit or restrict the retail sale, distribution, dispensing, or giving away of acids, caustics, or any chemicals or other substances capable of being used singly or in combination to cause injury or damage to persons or property. The public danger or emergency proclaimed in accordance with above procedures shall exist until the officer declaring such emergency shall determine that the event or occurrences constituting the public danger or emergency no longer exists, provided that such duration shall not extend beyond sixty days from the time of its proclamation unless extended by action of city council, and further provided that city council may, at any time it determines that the public danger or emergency no longer exists, declare it to be at an end. State Code 5502.26: (A) The board of county commissioners of a county and the chief executive of all or a majority of the other political subdivisions within the county may enter into a written agreement establishing a countywide emergency management agency. A representative from each political subdivision entering into the agreement, selected by the political subdivision's chief executive, shall constitute a countywide advisory group for the purpose of appointing an executive committee under this section through which the countywide agency shall implement emergency management in the county in accordance with this section and for the purpose of advising the executive committee on matters pertaining to countywide emergency management. The executive committee shall consist of at least the following seven members: one county commissioner representing the board of county commissioners entering into the agreement; five chief executives representing the muncipal corporations and townships entering into the agreement; and one nonelected representative. The countywide agreement shall specify how many additional members, if any, shall serve on the executive committee and their manner of selection. The agency shall be supported financially by the political subdivisions entering into the countywide agreement. The executive committee shall appoint a director/coordinator of emergency management who shall pursue a professional development training program in accordance with rules adopted under section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an official or employee of any political subdivision entering into the countywide agreement, except that the director/coordinator shall not be the chief executive of any such political subdivision. A countywide emergency management agency organized under this section shall establish a program for emergency management that: (1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those sections, local ordinances pertaining to emergency management, the "Robert T. Stafford Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations adopted under that act; (2) Includes, without limitation, development of an all-hazards emergency operations plan that has been coordinated with all agencies, boards, and divisions having emergency management functions within the county; (3) Includes the preparation and conduct of an annual exercise of the county's all-hazards emergency operations plan; (4) Is applicable to all political subdivisions entering into the countywide agreement. The director/coordinator of emergency management for a countywide agency organized under this section shall be responsible for coordinating, organizing, administering, and operating emergency management in accordance with the agency's program established under this section, subject to the direction and control of the executive committee. All agencies, boards, and divisions having emergency management functions within each political subdivision within the county shall cooperate in the development of the all-hazards emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.

  Cincinnati Administrative Code: Article XVIII Sec. 2 - Sec. 9

  Ohio Revised Statutes: 5502.26

• Toledo (click to expand)

  Specific code

  City Charter Section 61: The Mayor shall be the Chief Executive and Administrative Officer of the City in whom the executive and administrative powers and duties of the City shall be vested subject to the appropriate delegation of such powers and duties in directors of departments and other administrative officers, boards and commissions as provided for in this Charter. The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process and by the Governor for military purposes. It shall be the duty of the Mayor to act as chief conservator of the peace within the City; to supervise the administration of the affairs of the City; to see that all ordinances and resolutions of the City are enforced; to recommend to the Council for adoption such measures as the Mayor may deem necessary or expedient; to keep the Council advised of the financial condition and the needs of the City; to prepare and submit to the Council such reports as may be required by that body in the discharge of its duties as conferred by this Charter; to prepare and submit to the Council the annual budget estimate of the City; and to exercise all other executive and administrative powers and perform such duties as are conferred or required by this Charter or by the laws of the State of Ohio upon any mayor or municipal chief executive officer, except as otherwise provided in this Charter. Municipal Code 509.10: (a) In the event that the Mayor finds it necessary in order to preserve the public safety and good order of the community in times of public crises, riots or civil disturbances, he may declare and establish a curfew prohibiting the physical presence of anyone upon the public streets, parks and public places of the City. (b) In the event the Mayor deems it necessary to issue a curfew order, he shall do so by issuing a proclamation setting forth the time, and the circumstances of such curfew order, the ages of persons to be subject thereto, and shall publish the proclamation by use of the newspapers, radio and television facilities of the community to the residents of Toledo. State Code 5502.26: (A) The board of county commissioners of a county and the chief executive of all or a majority of the other political subdivisions within the county may enter into a written agreement establishing a countywide emergency management agency. A representative from each political subdivision entering into the agreement, selected by the political subdivision's chief executive, shall constitute a countywide advisory group for the purpose of appointing an executive committee under this section through which the countywide agency shall implement emergency management in the county in accordance with this section and for the purpose of advising the executive committee on matters pertaining to countywide emergency management. The executive committee shall consist of at least the following seven members: one county commissioner representing the board of county commissioners entering into the agreement; five chief executives representing the muncipal corporations and townships entering into the agreement; and one nonelected representative. The countywide agreement shall specify how many additional members, if any, shall serve on the executive committee and their manner of selection. The agency shall be supported financially by the political subdivisions entering into the countywide agreement. The executive committee shall appoint a director/coordinator of emergency management who shall pursue a professional development training program in accordance with rules adopted under section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an official or employee of any political subdivision entering into the countywide agreement, except that the director/coordinator shall not be the chief executive of any such political subdivision. A countywide emergency management agency organized under this section shall establish a program for emergency management that: (1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those sections, local ordinances pertaining to emergency management, the "Robert T. Stafford Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations adopted under that act; (2) Includes, without limitation, development of an all-hazards emergency operations plan that has been coordinated with all agencies, boards, and divisions having emergency management functions within the county; (3) Includes the preparation and conduct of an annual exercise of the county's all-hazards emergency operations plan; (4) Is applicable to all political subdivisions entering into the countywide agreement. The director/coordinator of emergency management for a countywide agency organized under this section shall be responsible for coordinating, organizing, administering, and operating emergency management in accordance with the agency's program established under this section, subject to the direction and control of the executive committee. All agencies, boards, and divisions having emergency management functions within each political subdivision within the county shall cooperate in the development of the all-hazards emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.

  Toledo City Charter: Section 61

  Toledo Municipal Code: 509.10

  Ohio Revised Statutes: 5502.26

  
  

Oklahoma[edit]

• Oklahoma City (click to expand)

  Specific code

  Municipal Code 15-16 - 15-38: Disaster or civil defense or disaster emergency means any state of emergency caused by enemy attack upon the United States or a state of emergency declared by the President of the United States or the Governor of Oklahoma upon the occurrence of an attack upon the United States or when such attack is imminent or when an emergency is caused by a disaster, natural or manmade. A "state of emergency" shall be deemed to exist whenever, by reason of any disaster, such state of emergency is legally proclaimed by proper authority as provided in this article, and such state of emergency shall continue until terminated by proclamation of proper authority as provided by this article. (a)The Mayor, after finding that a public disorder, disaster or riot exists which affects life, health, property or the public peace, may proclaim a state of emergency in the area affected. The proclamation of a state of emergency and other proclamations issued pursuant to this section shall be in writing and shall be signed by the Mayor and filed with the City Clerk. (b)The Mayor shall give as much public notice as practical through the news media of the issuance of proclamations pursuant to this section. (c)The state of emergency shall cease to exist upon the issuance of a proclamation of the Mayor declaring its termination; provided that the Mayor shall terminate the proclamation when order has been restored in the area affected. (a) The Mayor, during the existence of a state of emergency, by proclamation, may, in the area affected by public disorder, disaster, or riot at the time of the proclamation is issued, prohibit: (1) any person being on the public streets, or in the public parks or at any other public place during the hours declared by the Mayor to be a period of curfew; (2) a designated number of persons from assembling or gathering on the public streets, parks or other areas either public or private; (3) the manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion; (4) the transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; (5) the possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business; (6) the sale, purchase or dispensing of alcoholic beverages (including 3.2 beer); (7) the sale, purchase or dispensing of other commodities or goods, as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace; (8) the use of certain streets, highways or public ways by the public; and (9) such other activities as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

  Oklahoma City Municipal Code: 15-16 - 15-38

• Tulsa (click to expand)

  Specific code

  'City Code Title 8 Section 100 - Section 202:' A civil emergency is: 1.A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law; or 2.Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City of Tulsa resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. When, in the judgment of the Mayor, a civil emergency as defined herein is deemed to exist, he shall proclaim in writing the existence of a civil emergency. After proclaiming a civil emergency, the Mayor may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. After proclaiming a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders: A.The closing of all retail liquor stores; B.The closing of all beer taverns; C.The closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted; D.The discontinuance of the sale of beer; E.The discontinuance of selling, distributing or giving away gasoline or other liquid, flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; F.The closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid, flammable or combustible products;G.Such other orders as are imminently necessary for the protection of life and property. 'City Charter Section 3.2:' After proclamation by the Mayor of a civil emergency by virtue of an armed conflict, civil disorder, or natural disaster, the Council may meet at any place within the corporate limits of the city in special session and without notice and consider such matters as necessary for the preservation of the public health, safety, and welfare during the period of the emergency.

  Tulsa Code of Ordinances: Title 8 Section 100 - Section 202

  Tulsa City Charter: Section3.2

Oregon[edit]

• Portland (click to expand)

  Specific code

  City Code 15.04.030 - 15.04.040: "Emergency" means any natural, technological or human-made event or circumstance causing or threatening: widespread loss of life, injury to persons or property, human suffering or financial loss, including but not limited to fire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, housing emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, acts of terrorism and war. A. A state of emergency exists when: 1. The situation requires a coordinated response beyond that which occurs routinely; 2. The required response is not achievable solely with the added resources available through mutual aid or cooperative assistance agreements; and 3. The Mayor or other City official, as provided in Portland City Code Section 15.08.010, has declared by proclamation that a State of Emergency exists. B. The declaration shall be in writing, shall designate the geographic boundaries of the area in which the State of Emergency exists, and shall fix the duration of time in which the State of Emergency shall exist. Except for a declared housing emergency, the initial duration shall not exceed a two-week period, but may be extended in two-week increments. The initial duration of a housing emergency shall not exceed one year, but may be extended in six-month increments. C. The Mayor must declare the City in a State of Emergency prior to requesting from the governing body of Multnomah County resources not available through mutual aid or cooperative assistance agreements. D. The Mayor shall have the power to ask the Governor to declare a State of Emergency within the City. Pursuant to ORS 401.165 (2), the Mayor must submit the request through the governing body of Multnomah County. E. Except for a declared housing emergency, the Mayor shall terminate the State of Emergency by proclamation when the emergency no longer exists or when the threat of an emergency has passed. The Mayor will communicate the change from the disaster response phase to the recovery phase with all appropriate officials. City Code 15.08.010 - 15.08.020: A. The Mayor is the Chief Executive of the City of Portland. If the Mayor, for any reason, is unable or unavailable to perform the duties of office under this Title during a State of Emergency, the duties shall be performed and authority exercised by the first of the following who is able and available: 1. The President of the Council; 2. The Council member who served as the immediate past President of the Council; 3. The Council member who served as the former past President of the Council and thereafter, the Council member holding the position with the lowest number if no member present has served formerly as President of the Council; 4. The first of the City officials in the following order: City Auditor, Chief Administrative Officer, City Attorney, Chief of Staff to the Mayor, the Chiefs of Staff of Council members in the order of priority listed in Subsection 15.08.010 A.1.-3. above, the Directors of Public Safety and Infrastructure Bureaus in the following order: Police Bureau, Fire Bureau, Transportation Bureau, Water Bureau, Bureau of Environmental Services, Parks Bureau, Bureau of Emergency Management, Bureau of Emergency Communications, Bureau of Human Resources, and thereafter the Directors of the Bureaus largest to smallest as determined by the number of full-time employees

  Portland Code: 15.04.030 - 15.04.040 15.08.010 - 15.08.020

Pennsylvania[edit]

• Philadelphia (click to expand)

  Specific code

  City Code 10-819: (1) The Mayor of the City of Philadelphia is authorized, if he finds that the City or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a STATE OF EMERGENCY and take the following specified measures throughout the City or any part thereof: (a) Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks, or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings; (b) Halt access or egress upon public highways to or from the City or any part thereof; (c) Suspend operations at municipal airports; (d) Halt the movement of trains, boats or other vehicles into, within or from the City; (e) Establish a curfew limiting the hours when persons may go upon or travel the public streets; (f) Require the closing of taprooms and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment; (g) Prohibit or restrict the sale of gasoline or other inflammable liquids; (h) Prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons including, but not limited to, firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind. (2) The STATE OF EMERGENCY declared by the Mayor shall exist for the period set forth in the proclamation but not in excess of two weeks. However, the STATE OF EMERGENCY may be extended for additional periods of two weeks. State Statute Title 35 Sec. 7501: A local disaster emergency may be declared by the governing body of a political subdivision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorize the mayor or other chief executive officer to declare a local disaster emergency subject to ratification by the governing body. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and to authorize the furnishing of aid and assistance thereunder. State Statute Title 11 Sec. 11203: Emergency proclamations issuance.--If the mayor determines that a state of emergency exists, the mayor may issue a proclamation in writing declaring a state of emergency. The mayor shall provide notice of the contents of the proclamation to council and to the news media within the city. Emergency proclamations contents.--Upon the issuance of a proclamation declaring a state of emergency under subsection (d), the following shall apply: (1) The state of emergency shall not exceed five days, unless extended by council. (2) In the case of a declaration of a state of emergency by the mayor for a citywide or site-specific emergency, a city department may temporarily implement the department's emergency assignments without complying with procedures required by law pertaining to the incurring of obligations and the employment of temporary workers. (3) The proclamation may prohibit, for all or any part of the city where there is a clear and present danger to life or property through civil disorder: (i) an individual from being on public streets, in public parks or at any other public place during the hours declared by the mayor to be a period of curfew; (ii) the assembling or gathering of a group of individuals, in numbers to be designated by the mayor, upon public streets, parks or other public places; (iii) the entry or departure of an individual into or from any restricted area; (iv) the sale, purchase or dispensing of any commodities or goods designated by the mayor; (v) the transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; and (vi) any other activities as the mayor reasonably believes would cause a clear and present danger to the preservation of life, health, property or the public peace.

  Philadelphia Code: 10-819

  Pennsylvania Consolidated Statutes: Title 35 Sec. 7501 Title 11 Sec. 11203

• Pittsburgh (click to expand)

  Specific code

  City Code 3-355.1 - 3-355.4: Whenever the Mayor determines there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority and that, therefore, there is reason to believe that there exists a clear and present danger of a riot, civil disorder or other general public disorder, widespread disobedience of the law and substantial injury to persons or property, all of which constitute a threat to public peace or order and to the general welfare of the City or a part or parts thereof, he or she may declare that a state of emergency exists within the City or any part or parts thereof. The Mayor may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may determine appropriate; any such emergency measures so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared: (1) The establishment of curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parked, except for the provision of designated essential services such as fire, police and hospital services, including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians. (2) The prohibition of the sale of any alcoholic beverage as defined in the Liquor Code.[1] (3) The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage. (4) The closing of places of public assemblage with designated exceptions. (5) The prohibition of the sale or transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid, except by delivery into a tank properly affixed to an operative motor-driven vehicle, bike, scooter, or boat and necessary for the propulsion thereof. (6) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. (7) The prohibition or limitation of the number of persons who may gather or congregate upon the public highways or public sidewalks or in any other public place, except only persons who are awaiting transportation, engaging in recreational activities at a usual and customary place or peaceably entering or leaving buildings. (8) The prohibition of the possession in a public place or park of weapons, including but not limited to firearms, bows and arrows, air rifles, slingshots, knives, razors, blackjacks, billy clubs, or missiles of any kind. A state of emergency established under this chapter shall commence upon the declaration thereof by the Mayor and shall terminate at the end of a period of five days thereafter unless, prior to the end of such five-day period, the Mayor shall either terminate such state of emergency or shall declare an additional period of state of emergency. Any additional period of emergency shall commence and terminate as provided in this chapter. State Statute Title 35 Sec. 7501: A local disaster emergency may be declared by the governing body of a political subdivision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorize the mayor or other chief executive officer to declare a local disaster emergency subject to ratification by the governing body. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and to authorize the furnishing of aid and assistance thereunder. State Statute Title 11 Sec. 11203: Emergency proclamations issuance.--If the mayor determines that a state of emergency exists, the mayor may issue a proclamation in writing declaring a state of emergency. The mayor shall provide notice of the contents of the proclamation to council and to the news media within the city. Emergency proclamations contents.--Upon the issuance of a proclamation declaring a state of emergency under subsection (d), the following shall apply: (1) The state of emergency shall not exceed five days, unless extended by council. (2) In the case of a declaration of a state of emergency by the mayor for a citywide or site-specific emergency, a city department may temporarily implement the department's emergency assignments without complying with procedures required by law pertaining to the incurring of obligations and the employment of temporary workers. (3) The proclamation may prohibit, for all or any part of the city where there is a clear and present danger to life or property through civil disorder: (i) an individual from being on public streets, in public parks or at any other public place during the hours declared by the mayor to be a period of curfew; (ii) the assembling or gathering of a group of individuals, in numbers to be designated by the mayor, upon public streets, parks or other public places; (iii) the entry or departure of an individual into or from any restricted area; (iv) the sale, purchase or dispensing of any commodities or goods designated by the mayor; (v) the transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; and (vi) any other activities as the mayor reasonably believes would cause a clear and present danger to the preservation of life, health, property or the public peace.

  City Code: 3-355.1 - 3-355.4

  Pennsylvania Statutes: Title 35 Sec. 7501 Title 11 Sec.11203

Tennessee[edit]

• Memphis (click to expand)

  Specific code

  City Code 9-24-1 - 9-24-5: Civil emergency is defined to be: 1.A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force if accompanied by the immediate power to execute by three or more persons acting together without authority of law; 2.Any natural disaster or manmade calamity including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; 3.The destruction of property, or the death or injury of persons brought about by the deliberate acts of one or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof. When, in the judgment of the mayor, a civil emergency as defined in this chapter is determined to exist, he or she shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the comptroller. After proclamation of a civil emergency by the mayor he or she may order a general curfew applicable to such geographical areas of the municipality or to the municipality as a whole, as he or she deems advisable, and applicable during which hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. Such proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the mayor but not to exceed 15 days. After proclamation of a civil emergency the mayor may, at his or her discretion, in the interest of public safety and welfare: A.Order the closing of all retail liquor stores; B.Order the closing of all establishments wherein beer or alcoholic beverages are served; C.Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted; D.Order the discontinuance of the sale of beer; E.Order the discontinuance of selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank property affixed to a motor vehicle; F.Order the closing of gasoline stations, and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; G.Order the discontinuance of selling, distributing, dispensing or giving away of any firearm or ammunition of any character whatsoever; H.Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition; I.Issue such other orders as are necessary for the protection of life and property. In the event of the inability to act or absence of the mayor during any civil emergency as defined in this chapter, the chairperson of the city council or in such chairperson's absence or inability to act, the member of the council who is the most immediate past chairperson is designated as substitute officer as defined herein and shall act for and in place of the mayor with respect to any civil emergencies as provided for in this chapter. City Code 2-58-6: The director of emergency management shall have the authority to request the declaration of the existence of an emergency by the mayor or by higher authority. In the event that it is deemed necessary to declare the existence of an emergency without delay, the director may, if the mayor is not available, do so. Such action shall be subject to the confirmation by the mayor upon his or her return. State Code 58-2-110: In carrying out this chapter, each political subdivision has the power and authority to: (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers; (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations; (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision; (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.

  Memphis Code of Ordinances: 9-24-1 - 9-24-5 2-58-6

  Tennessee Code Annotated: 58-2-110

• Nashville (click to expand)

  Specific code

  Metro Code 2.08.050 - 2.08.080: Civil Emergency. A "civil emergency" is defined to be: 1.A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force if accompanied by the immediate power to execute by three or more persons acting together without authority of law. 2.Any natural disaster or man-made calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the metropolitan government area, resulting in the death or injury of persons, or the destruction of property, to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. 3.The destruction of property or the death or injury of persons brought about by the deliberate acts of one or more persons, acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment thereof. When, in the judgment of the mayor, a civil emergency is deemed to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the metropolitan clerk. After proclamation of a civil emergency, the mayor may, at his discretion, in the interest of public safety and welfare, make any of the following orders: A.Order the closing of all retail liquor stores; B.Order the closing of all establishments wherein beer or alcoholic beverages are served; C.Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer or both is permitted; D.Order the discontinuance of the sale of beer; E.Order the discontinuance of selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; F.Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; G.Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever; H.Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition, or both; I.Issue such other orders as are necessary for the protection of life and property. Metro Code 2.10.010: There is hereby created the office of emergency management which shall be a division of the office of the mayor. All employees of this office, including the director of the office of emergency management and all other staff members, shall be under the management and control of the mayor. State Code 58-2-110: In carrying out this chapter, each political subdivision has the power and authority to: (i) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies; (ii) Appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency management workers; (iii) Establish, as necessary, a primary and one (1) or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations; (iv) Assign and make available for duty the offices and agencies of the political subdivision, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision; (v) Request state assistance or invoke emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting only one (1) political subdivision. The duration of each state of emergency declared locally is limited to seven (7) days; it may be extended, as necessary, in seven-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: (a) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (b) Entering into contracts; (c) Incurring obligations; (d) Employment of permanent and temporary workers; (e) Utilization of volunteer workers; (f) Rental of equipment; (g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (h) Appropriation and expenditure of public funds; and (vi) Declare a local state of emergency in order that certain commercial vehicles engaged in the distribution of electric power, the supply of fuel, or telecommunications services to residences and businesses may be considered to be participating in an emergency relief effort for the purpose of the federal hours-of-service regulations promulgated by the federal motor carrier safety administration. The CLEO may declare a local state of emergency prospectively in anticipation of an emergency.

  Metro Government Code of Ordinances: 2.08.050 - 2.08.080 2.10.010

  Tennessee Code Annotated: 58-2-110

Texas[edit]

• Houston (click to expand)

  Specific code

  "City Code Sec. 13-1 - 13-7: Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or human cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, or other public calamity requiring emergency action. (a) A proclamation of a local state of emergency issued by the mayor pursuant to Chapter 418, Texas Government Code, authorizes the mayor to issue such executive orders as the mayor reasonably deems necessary to protect public health and safety from conduct and conditions directly related to the circumstances that are the subject of the proclamation. (b) An executive order issued pursuant to this section shall remain in force and effect until: (1) The proclamation is rescinded, terminated, or expires by operation of law; (2) The executive order is rescinded by the mayor; or (3) The executive order is terminated by an ordinance passed and approved by the city council. (c) An executive order issued pursuant to this section may declare to be unlawful conduct reasonably deemed by the mayor to constitute a threat to public health and safety under the circumstances that are the subject of the proclamation. (d) Unless a different penalty is provided elsewhere in this Code, a person violating an executive order issued pursuant to this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200.00 nor more than $2,000.00. Each day a violation continues shall constitute a separate offense. (e) A person violating an executive order issued pursuant to this section may be issued a criminal citation enforceable in municipal court. The citation may be issued by any employee of the city so authorized in writing by the chief of police, the fire chief, the director of public health, the director of the department of neighborhoods, the director of the parks and recreation department, or the Director of Houston Public Works. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction."

  Houston Code of Ordinances: Sec. 13-1 - 13-7

  Texas Government Code: Sec. 418-108

• San Antonio (click to expand)

  Specific code

  City Code Sec. 8-1 - 8-5: Civil emergency is hereby defined to be: (1)A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law. (2)Any natural disaster or manmade calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. (a) When in the judgment of the city manager a civil emergency as defined in this article is deemed to exist, the manager forthwith shall attempt to contact all members of the city council for an immediate emergency meeting. If it is not possible for city council to meet in an immediate emergency meeting, the manager may proclaim the existence of a civil emergency. Such proclamation by the manager is hereby determined to be a call for an emergency meeting of the city council. The emergency meeting shall be held as soon as the council members can assemble at city hall. (b) Any proclamation and order of the city manager issued hereunder shall be filed as a public record in the office of the city clerk. After proclamation of a civil emergency by the city manager, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. After proclamation of a civil emergency, the city manager of the city may also in the interest of public safety and welfare make any or all of the following orders: (1) Order the closing of all retail liquor stores; (2) Order the closing of all beer taverns; (3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted; (4) Order the discontinuance of the sale of beer; (5) Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; (6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; (7) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; (8) Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition; (9) Issue such other orders as are imminently necessary for the protection of life and property. City Code Sec. 8-34: The mayor is hereby authorized to join with the county judge of Bexar County and the mayors of the other cities in said county in the formation of an emergency management council for the County of Bexar and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the City of San Antonio. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  San Antonio Code of Ordinances: Sec. 8-1 - 8-5 Sec. 8-34

  Texas Government Code: Sec. 418-108

• Dallas (click to expand)

  Specific code

  City Code Sec. 14B-3 - 14B-7: DISASTER means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or man-made cause. MAN-MADE CAUSE means, but is not limited to: (A) a nuclear, radiological, or hazardous material accident; (B) an airplane/aviation, ship/maritime, or train/railroad accident; (C) an oil spill or other water contamination; (D) a hostile military or paramilitary action, act of terrorism, or enemy attack; (E) a riot or civil unrest; (F) an explosion; (G) a power outage or energy emergency; (H) air contamination; (I) a home or building fire; (J) a bridge collapse or dam break; (K) an epidemic or other health emergency; or (L) any other similar impending or actual calamity requiring emergency action. NATURAL CAUSE means, but is not limited to: (A) severe weather, a thunderstorm, or lightning; (B) a hurricane or tornado; (C) snow, ice, or a winter storm; (D) a flood or flash flood; (E) an earthquake, landslide, or mudflow; (F) a heat wave, drought, blight, or infestation; (G) a wildfire; (H) a tsunami or other wave or tidal action; (I) volcanic activity; or (J) any other similar impending or actual calamity requiring emergency action (a) If the mayor determines that a local disaster exists, the mayor shall declare a local state of disaster and invoke emergency powers. Emergency powers may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. (b) During any period in which a state of disaster has been declared by either the mayor or the governor, the city council may convene to perform its duties as the situation demands, and shall receive reports relative to emergency management activities. If it becomes necessary for the mayor and city council to vacate or leave the city limits, the city council shall have full power and authority to act in matters affecting property or people remaining in the city limits in the same manner as though the city council were conducting its business within the city limits. As soon as the city council finds that emergency powers need not be used to deal with a situation, it shall immediately proclaim that the state of disaster has terminated. (c) Any order or proclamation declaring, continuing, or terminating a state of disaster must be filed promptly with the city secretary and given prompt and general publicity, such as through newspapers, radio, and television. (a) During any period that a disaster order or proclamation, issued by either the mayor or governor, is in effect, the city manager may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources. Such regulations and powers may include, but are not limited to, the power to: (1) prohibit or restrict the movement of vehicles in order to facilitate the work of emergency management forces or to facilitate the mass movement of persons from critical areas within or without the city; (2) recommend the movement of persons from areas deemed to be hazardous or vulnerable to disaster; (3) order a curfew into effect in all or any delineated part of the city and to exempt from the curfew any person whose movement is essential to the health, safety, and welfare of the public; (4) order the closing of any place where arms, ammunition, dynamite, or other explosives are sold, and forbid the sale, barter, loan, or gift of those items; (5) order the closing of bars, lounges, private clubs, package liquor stores or any business establishment having a liquor, beer, or wine permit; gasoline stations; theaters; ball rooms; and public rooms or buildings; (6) prohibit the sale of beer, wine, and intoxicating liquor and prohibit the sale, distribution, or gift of gasoline or other flammable liquid or combustible product in any container other than a gasoline tank properly affixed to a motor vehicle; (7) declare certain items that may be potentially injurious to the public health or welfare to be contraband and authorize a search for those items; (8) exclude sightseers from any area where a disaster or emergency is imminent or has occurred; (9) order the detention of persons who impede or incite others to impede the preservation or restoration of order; (10) temporarily suspend or modify, for not more than 60 days, any regulation or ordinance of the city of Dallas, including, but not limited to, those regarding health, safety, or zoning, if the suspension or modification is essential to provide temporary housing for disaster victims; (11) promulgate any other regulations necessary to preserve public peace, health, and safety during a disaster. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Dallas City Code: Sec. 14B-3 - 14B-7

  Texas Government Code: Sec. 418.108

• Austin (click to expand)

  Specific code

  City Code 2-6-22 - 2-6-23: (A )If a local disaster is declared by the mayor under Texas Government Code Section 418.108 (Declaration of Local Disaster), the mayor may issue public orders and direct City employees to take action necessary to: (1) implement the emergency management program; (2) comply with this article and Texas Government Code Chapter 418 (Emergency Management); and (3) protect public health, safety, and welfare. (B) Council must consent to the continuation or renewal of a declaration of local disaster for a period of more than seven days. (A) The Office of Emergency Management is created. (B) The director of the Office of Emergency Management shall: (1) maintain and manage the emergency operations center; (2) develop an emergency management program; (3) coordinate emergency preparedness activity within the City; (4) issue rules approved by the city manager to implement the emergency management program; (5) act as liaison with federal, state, county, and other emergency planning and control agencies; (6) distribute emergency preparedness information to City residents; and (7) perform other duties assigned by the city manager. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Austin City Code: 2-6-22 - 2-6-23

  Texas Government Code: Sec. 418-108

• Fort Worth (click to expand)

  Specific code

  City Code 11.5-1 - 11.5-2: (a) There exists the position of emergency management director of the City of Fort Worth, Texas, which shall be held by the mayor in accordance with state law, and who shall have all the powers and responsibilities specified in said law and in this chapter. (b) The line of succession to the mayor, as presiding officer, for the purpose of declaring a local state of emergency or a local state of disaster shall be as follows. (1) In the absence of the mayor, the mayor pro tem will act as the presiding officer. (2) In the absence of the mayor pro tem, a city council member will act as the presiding officer if elected by the other members of the city council in accordance with the City Charter. (3) In the absence of a city council member elected to act as presiding officer, any city council member plus the city manager will act jointly as the presiding officer. (4) In the absence of any city council member, the city manager will act as the presiding officer. (5) In the absence of the city manager, his or her designee will act as the presiding officer. The responsibilities of the director shall include, but not necessarily be limited to, the following: (a) Conducting a program of comprehensive emergency management including mitigation, preparedness, response and recovery; (b) Conducting an ongoing survey of actual or potential hazards which threaten life and property within the city and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur; (c) Supervising the development and approval of an emergency management plan for the City of Fort Worth, and recommending for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan; (d) In accordance with state law, declaring a local state of emergency during times of riot or unlawful assembly by three or more persons acting together by use of force or violence, or if a clear and present danger of the use of violence exists, or a natural or technological emergency exists or threatens the health and/or safety of the citizens of the City of Fort Worth. The declaration may be issued when an emergency is imminent or during the initial or response phase of the emergency when resolution of the incident(s) or situation(s) by use of city personnel and equipment is expected and/or as a prelude to submitting a request to the governor for assistance from state resources. The declaration may not be continued or renewed for a period in excess of 72 hours except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of emergency shall be given prompt and general publicity and shall be filed promptly with the city secretary; (e) In accordance with state law, declaring a local state of disaster during or following a natural, technological, or attack related catastrophe when response to and/or recovery and rehabilitation from the effects of the catastrophe will overwhelm the capabilities of the city. The declaration serves as the initial step in requesting assistance from the state through the governor. The declaration may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary; (f) Issuing necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this chapter. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the situation prevent or impede, promptly filed with the city secretary; (g) Ensuring, after a state of emergency or state of disaster has been declared, that the city exercises all powers reasonably necessary to protect the health, security, peace, life and property of the city and its inhabitants during the period of such emergency or disaster. These powers may be exercised during the state of emergency or disaster after reasonable notice has been given of the situation and the powers to be exercised. This notice shall be judged with due regard to the exigent circumstances at the time. Such reasonable notice may include publication in a newspaper of general circulation, announcement over television or radio, circulation of notices or posted signs in the affected area, or by other appropriate means. These special powers shall include, but are not limited to: (1) Imposition of a general or limited curfew regulating or prohibiting any person or persons from being or remaining, loitering or congregating on any street, alley, park, public property or any other place which may be specified and where they have no right or authority to be under the terms of and during the period covered by said curfew; (2) Limitation or prohibition of the sale or dispensing of beer, wine, liquor and any or all other forms of alcoholic beverages; (3) Limitation or prohibition of the sale or dispensing of gasoline or other liquid flammable or combustible products, dynamite or other explosives, firearms or ammunition; (4) Limitation upon or prohibition against the operation of any establishment selling, distributing, dispensing or giving away any of the items enumerated in subsections (g)(1), (g)(2) and (g)(3) above; (5) Appropriation of real property, fixtures and/or personal property for purposes of necessary governmental operations for not longer than 360 consecutive days after commencement of such natural, technological or attack related emergency or disaster or until termination of the emergency or disaster period by the local governing body declaration, whichever first occurs; and (6) Establishment of temporary emergency housing, for persons needing same, upon any and all lands to which the city has right of possession or custody, whether the same shall be deraigned from grantors, donors or lessors by purchase, dedication or otherwise, irrespective of local zoning ordinances, rules and regulations or deed restrictions, effective at the time of or during the establishment of such housing. (h) Assuming direction and control of the operations of the City of Fort Worth emergency management organization as well as ensuring the training of emergency management personnel; (i) Determining all questions of authority and responsibility that may arise within the emergency management organization of the city; (j) Maintaining liaison with other municipal, county, district, state, regional or federal emergency management organizations; (k) Marshaling all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan; (l) Supervising the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts; (m) Supervising and authorizing the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city; (n) Authorizing agreements, after approval by the city attorney, for use of private property for public shelter and other purposes; (o) Surveying the availability of existing personnel, equipment, supplies and services which could be used during an emergency or a disaster, as provided for herein; and (p) Satisfying other requirements as specified in the state law. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Fort Worth City Code: 11.5-1 - 11.5-2

  Texas Government Code: 418-108

• El Paso (click to expand)

  Specific code

  City Code 2.48.010 - 2.48.020: There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law. The duties and responsibilities of the emergency management director shall include the following: A.Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city, and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur; B.Supervision of the development of an emergency management plan for the city, and recommendation of that plan for adoption by the city council along with any and all mutual-aid arrangements deemed necessary for the implementation of such plan; C.Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk; D.Direction and control of the operations of the El Paso emergency management organization as well as the training of emergency management personnel; E.Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city; F.Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations; G.Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan; H.Issuance of necessary proclamations, regulations or directives which are necessary for the protection of life and property in the city. Such proclamations, rules, regulations or directives shall be filed in the office of the city clerk and shall receive widespread publicity unless publicity would be of aid and comfort to the enemy; I.Supervision of the drafting and execution of mutual-aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the city is located and with other municipalities within the county, for the county-wide coordination of emergency management efforts; J.Supervision of, and final authorization for, the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city; K.Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes; L.Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for in this chapter; M.Other requirements as specified in Texas Disaster Act 1975 (V.T.C.S. Article 6889-7). Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  El Paso City Code: 2.48.010 - 2.48.020

  Texas Government Code: Sec. 418-108

  
  

• Corpus Christi (click to expand)

  Specific code

  City Code Sec. 16-1 - 16-4: (a)When the city manager believes a state of disaster exists, the city manager shall inform the mayor and request the mayor to declare a local state of disaster under the provisions of the Act. (b)A disaster is 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 fire, flood, earthquake, wind, storm, wave action, oil spill, other water contamination, hazardous material release, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, terrorist activity, civil disturbance, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency. (c)In no event may a local state of disaster, declared by the mayor, be continued or renewed for a period in excess of seven (7) days without the consent of the city council. (d)The city council may terminate a local state of disaster at anytime. (e)An action declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary. (f)A declaration of local state of disaster activates the recovery and rehabilitation aspects of the city's emergency management plan and authorizes furnishing of aid and assistance under the declaration. The preparedness and response aspects of the plan are activated as provided in the plan. (a)After the declaration of a local state of disaster, the presiding officer may in the interest of public health, safety, and welfare, subject to confirmation or revocation by the city council, issue proclamations, orders, or regulations, which shall have the force and effect of law, to (1)Evacuate all or part of the population of an area of the city that has been stricken or is threatened, if necessary for the preservation of life or other disaster mitigation, response, or recovery effort. (2)Prescribe routes, modes of transportation, and destinations in connection with an evacuation. (3)Control ingress and egress to and from a disaster area and any areas that may be adversely effected by riot, unlawful assembly, threat of violence, or an imminent natural or man-made disaster, and may control the movement of persons and the occupancy of premises in those areas. (4)Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles, including fuel for vehicles. (5)Establish general or limited curfews and blockades, regulating or prohibiting any person from being, remaining, loitering, or congregating on any street, alley, park, public property, or any other place that may be specified. (6)Suspend or limit the use of utilities. (7)Implement other security measures necessary to protect life and secure property. (8)Protect life and property by such means as are imminently necessary and authorized under law. (9)Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law. (10)Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster. (11)Establish temporary emergency housing, for persons needing shelter, notwithstanding any limitations in the zoning ordinance, or deed restrictions. (12)Establish temporary wage, price, and rent controls and other economic stabilization methods. (13)Implement all or portions of the city's emergency management plan. (14)Waive or reduce the technical construction codes fees in section 14-1313. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Corpus Christi City Code: Sec. 16-1 - 16-4

  Texas Government Code: Sec. 418-108

• Plano (click to expand)

  Specific code

  City Code Sec. 2-136 - 2-141: The 2017 Comprehensive Emergency Management Plan, which provides for disaster mitigation, preparedness, response, and recovery and the means for its implementation, which is on file in the city secretary's office and incorporated by reference, is hereby adopted as the Comprehensive Emergency Management Plan for the city. Section pertaining to "the emergency management director; appointment of emergency management coordinator; responsibilities" was repealed on June 28, 2010 ''City Code Sec. 2-28: It is expressly provided that in case of public calamity caused by fire, flood, storm, or to protect the public health, or in case of unforeseen damage to public property, machinery or equipment, the city manager or his designee may execute such contracts as are necessary to provide for the immediate repair, preservation or protection of public property and the lives and health of the citizens of the city, such contracts to be ratified by the city council at its next regular meeting. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Plano Code of Ordinances: Sec. 2-136 - 2-141 Sec. 2-28

  Texas Government Code: Sec. 418-108

• Laredo (click to expand)

  Specific code

  City Code Sec. 11.5-21 - 11.5-23: The powers of the mayor shall include the authority to declare a state of emergency, but such action shall be subject to confirmation by the city council at its next meeting. The emergency management coordinator shall be responsible for carrying out the duties and responsibilities set forth in section 11.5-23(3)—(11) of this article. He may delegate authority for execution of these duties to an assistant coordinator, but ultimate responsibility for such execution shall remain with the city manager and the coordinator. City Code Sec. 11.5-1 - 11.5-3: There exists the office of emergency management, headed by an executive group consisting of the mayor, city manager, emergency management coordinator (fire chief), and police chief. The mayor is hereby authorized to join the County Judge of the County of Webb and the mayors of the other cities in said County in the formation of an interjurisdictional emergency management program for the County of Webb, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the city. City Charter Section 2.11: To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of five (5) Council members shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Laredo Code of Ordinanes: Sec. 11.5-21 - 11.5-23 Sec. 11.5-1 - 11.5-3

  Laredo City Charter: Section 2.11

  Texas Government Code:

  Sec. 418-108

• Lubbock (click to expand)

  Specific code

  City Code Sec. 1.04.001 - Sec. 1.04.015: There is hereby created the City of Lubbock civil defense organization which shall consist of the following: (1) The mayor of the city who with the members of the city council shall direct the activities of the civil defense organization. (2) The civil defense director of Lubbock, who shall be charged with the preparation of a civil defense plan for the city, together with such other duties as the city council may prescribe. The director shall be appointed by the city manager in accordance with the provisions of the charter of the city pertaining to appointments of officers and employees of the city. The mayor shall have the authority to request the declaration of the existence of an emergency by the city council or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the mayor may, if the city council is not in session, do so, but such action shall be subject to confirmation by the city council at its next meeting. (a) The control and direction of the actual operation or training efforts of the civil defense organization of the city shall be the responsibility of the city manager. (b) The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the city shall be the responsibility of the city manager. (c) The maintenance of necessary liaison with other municipal, district, state, county, regional, federal or other civil defense organizations shall be the responsibility of the city manager. (d) The marshaling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the civil defense plan shall be the responsibility of the city manager. The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan shall be the responsibility of the mayor and the city council. The mayor and city council shall be responsible for: (1) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the city. Such rules and regulations shall be filed in the office of the city secretary and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy. (2) The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county for the countywide coordination of efforts in defense and disaster relief. (3) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions. (4) The authorizing of agreements, after approval of the city attorney, for the use of private property for air raid shelter and other purposes. State of emergency or state of disaster. The term “state of emergency” or “state of disaster” is defined as a condition declared by the governor of the State of Texas or the mayor of the City of Lubbock, pursuant to chapter 418 of the Texas Government Code, or article 1.04 of the Code of Ordinances, City of Lubbock, Texas, and includes any renewals or extensions of those declarations. City Charter Article IX Sec. 11: Whenever the Mayor shall deem it necessary, in order to enforce the laws of the State or of the City, or to avert danger, or protect life or property in case of riot or any outbreak or calamity or public disturbance, or when he has reason to fear any serious violation of law or order or any other danger to the City or its inhabitants, he shall summon into service, as a general police force, all or as many of the citizens of the City as in his judgment and discretion may be necessary and proper, and such summons may be by proclamation or order addressed to the citizens generally, or those of any section or subdivision of the City, such summons may be by personal notice, citation or publication in a City paper; such police force, while in service, shall be subject to the orders of the Mayor, shall perform such duties as he may require, and shall have the same power while on duty as the regular police force of the City, and any person so summoned and failing to obey, or appearing and failing to perform any duty that may be required by this article, shall be fined by the Mayor in any sum not exceeding One Hundred Dollars ($100.00). Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Lubbock Code of Ordinances: Sec. 1.04.001- 1.04.015

  Lubbock City Charter: Article IV Sec. 11

  Texas Government Code: Sec. 418-108

• Garland (click to expand)

  Specific code

  City Code Sec. 20.03 - 20.06: Disaster means the 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, enemy attack or other hostile military or paramilitary action, tornado, fire, flood, chemical spill, aircraft crash, air contamination, City-wide electrical power outage, explosion, civil disorder, epidemic or other impending or actual calamity requiring emergency action. (A) If the Mayor determines that a local disaster exists, he shall declare that such an emergency exists and that emergency powers are being invoked. Emergency powers may not be continued or renewed for a period in excess of seven days except by or with the consent of the City Council. During any disaster, the City Council may convene to perform its duties as the situation demands and shall receive reports relative to emergency activities. In the event it should become necessary for the Mayor and City Council to vacate or leave the City limits, the City Council shall nonetheless have full power and authority to act in matters affecting property or people remaining in the City limits in the same manner as though the City Council were conducting its business within the City limits. As soon as the City Council finds that emergency powers need not be used to deal with a situation, it shall immediately proclaim that the emergency has terminated. (B) Any order or proclamation declaring, continuing, or terminating a disaster emergency shall be filed promptly with the City Secretary and given widespread circulation by proclamations published in newspapers, radio, or television. (A) During any period that a disaster emergency proclamation, issued by either the Mayor or the governor, is in effect, the City Manager may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations and powers may include, but shall not be limited to, the power to: (1) Prohibit or restrict the movement of vehicles in order to facilitate the work of emergency forces, or to facilitate the mass movement of persons from critical areas within or without the City. (2) Require the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (3) Order a curfew into effect in all or any delineated part of the City and to exempt therefrom persons whose movement is essential to the health, safety, and welfare of the public. (4) Order the closing of any place where arms, ammunition, dynamite, or other explosives are sold, and forbid the sale, barter, loan, or gift of these items. (5) Order the closing of any business establishment having a liquor, beer or wine permit, gasoline stations, theaters, ballrooms and public rooms or buildings. (6) Prohibit the sale of beer, wine and intoxicating liquor, and the sale, distribution or gift of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. (7) Declare certain items which may be potentially injurious to the public health or welfare to be contraband and authorize a search for these items. (8) Exclude sightseers from any area where a disaster is imminent or has occurred. (9) Order the detention of persons who impede or incite others to impede the preservation or restoration of order. (10) Temporarily suspend or modify for not more than 60 days any regulation or ordinance of the City, including, but not limited to, those regarding health, safety, zoning, if the suspension or modification is essential to provide temporary housing for disaster victims. (11) Promulgate any other regulations necessary to preserve public peace, health and safety during a disaster. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Garland Code of Ordinances: Sec. 20.03 - 20.06

  Texas Government Code: Sec. 418-108

• Irving (click to expand)

  Specific code

  City Code Sec. 10-1 - 10-4: As presiding officer of the governing body of the city, directly charged with certain duties or granted certain powers by the Texas Disaster Act of 1975, and as ordered by the governor of Texas under authority of the act, the mayor is designated as the emergency management director for the City of Irving. When in the judgement of the city manager and emergency management coordinator, a state of disaster exists, the city manager shall inform the mayor, as emergency management director, and request the mayor to declare a local state of disaster under the provisions of the Texas Disaster Act. (a) A disaster is an occurrence or imminent threat of the occurrence 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, earthquake, wind, storm, or other water contamination, volcanic activity, epidemic air contamination, blight, drought, infestation, aircraft accident, hazardous chemical release, explosion, riot, hostile military or paramilitary action, acts of terrorism, energy emergency, or other public calamity requiring emergency action. (b) Any such local state of disaster declared by the mayor continues in force until such time as the city council has been able to meet and consider the existing situation. The council determines the extent of disaster and may either ratify the declaration, if still in effect at the time of meeting, extend or renew the declaration, if it has expired and is warranted by the situation, or declare the state of disaster to be ended. In no event may a local state of disaster, declared by the mayor, continue in effect for a period in excess of seven (7) days without the consent of the city council. After the declaration of a local state of disaster, the mayor, as emergency management director, may in the interest of public safety and welfare, subject to confirmation or revocation by the city council, issue an order to: (1) Evacuate all or part of the population of an area of the city that has been stricken or is threatened if necessary for the preservation of life or other disaster mitigation, response, or recovery effort. (2) Prescribe routes, modes of transportation, and destinations in connection with an evacuation. (3) Control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area. (4) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles. (5) Establish curfews and blockades. (6) Suspend or limit the use of utilities. (7) Implement other security measures necessary to protect life and secure property. (8) Protect life and property by such means as are imminently necessary and authorized under state law. (9) Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law. (10) Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster. City Charter Sec. 12: In time of danger or emergency, the mayor may with the consent of the council take command of the police and govern the city by proclamation and maintain order and enforce all laws. City Charter Sec. 18: An emergency measure is an ordinance for the immediate preservation of the public business, property, health or safety, or providing for the usual daily operation of municipal departments in which the emergency is set forth in such ordinance. No ordinance regulating the rate or rates to be charged for services furnished the public generally by public utilities shall be passed as an emergency measure, nor shall such an ordinance be finally passed on the date it is introduced, but must be passed and voted upon at two public meetings of the city council. No ordinance making a grant, renewal or extension of a franchise or other special privilege shall be passed as an emergency measure nor shall such an ordinance be finally passed and voted on the date it is introduced, but must be passed and voted upon at three public meetings of the city council. Government Code Sec. 418-108: (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable. (d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared. (e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision. (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area. (h) For purposes of Subsections (f) and (g): (1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and (2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails. (i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only: (1) for 60 hours unless extended by the governor; and (2) if the county judge requests the governor to grant an extension of the restriction.

  Irving Code of Ordinances: Sec. 10-1 - 10-4

  City Charter: Sec. 12 Sec. 18

  Texas Government Code: Sec. 418-108

Virginia[edit]

• Virginia Beach (click to expand)

  Specific code

  City Code Sec. 2-411 - 2-413: In accordance with section 44-146.19 of the Code of Virginia, an office of emergency management is hereby created for and within the city. The city manager is hereby appointed as director of emergency management. A coordinator shall be appointed by the director, with the consent of council. The Deputy City Manager for Public Safety shall be the coordinator of emergency management. A local emergency may be declared by the director of emergency management, with the consent of the council. In the event the council cannot convene due to the disaster, the director or any member of the council, in the absence of the director, may declare the existence of a local disaster subject to confirmation by the council at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The council, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. City Code Sec. 23-2.1: The city manager may declare a curfew if he deems such action necessary for the preservation of life or property, the implementation of emergency mitigation, preparedness, response actions or recovery actions anticipated or resulting from the dangers caused by a natural or manmade disaster or the resulting effects thereof, pursuant to the following procedure: (1)The authority conferred upon the city manager by this section shall arise only after either the state or the city declares an emergency in accordance with the provisions of Virginia Code section 44-146.19 or 44-146.21 for a geographical area located within the city; (2)The curfew shall be announced in such manner as is reasonably calculated to provide notice to the public of the imposition of the curfew. Termination of curfew shall be in like manner; (3)The declaration of a curfew, circumstances justifying its imposition, time and areas of the city in which the curfew is in effect, and the means and time of the public announcement of the curfew shall be recorded in a written document signed by the city manager and maintained in the records of the city; (4)No curfew shall be imposed except in areas and at times that can be justified as necessary for the public safety. (5)The action of the city manager in imposing a curfew during a natural or manmade disaster shall be ratified by the city council at its next regularly scheduled meeting. State Code 44-146.21: A. A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. B. A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. C. Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.

  Virginia Beach City Code: Sec. 2-411 - 2-413 Sec. 23-2.1

  Code of Virginia: 44-146.21

• Norfolk (click to expand)

  Specific code

  City Code Sec. 2-118: The bureau of emergency services shall be charged with providing emergency communications, including the receipt and dispatching of emergency calls, emergency preparedness planning, and matters related thereto. The head of the bureau of emergency services shall be the coordinator, civil emergency services, whose duties shall be as may be prescribed by the city manager, the department director, or by ordinance. City Charter Sec. 17.1: He may use said title in any case in which the execution of contracts or other legal instruments in writing, or other necessity arising from the general laws of the state, may so require; but this shall not be construed as conferring upon him the administrative or judicial functions, or other powers or functions, of a mayor, under the general laws of the state. In time of public danger or emergency, he may, with the consent of the council, take command of the police and of the home guards hereinafter provided for and maintain order and enforce laws. During his absence or disability his duties shall be performed by another member appointed by the council. State Code 44-146.21: A. A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. B. A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. C. Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.

  Norfolk City Code: Sec. 2-118

  Norfolk City Charter: Sec. 17.1

  Code of Virginia: 44-146.21

• Chesapeake (click to expand)

  Specific code

  City Code Sec. 2-622 - 2-625: Disaster means (i) any man-made disaster including any condition following an attack by an enemy or foreign nation upon the United States resulting in substantial damage or property or injury to persons and may be by the use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering or possible loss of life. Emergency means any occurrence, or threat thereof, whether natural or man-made, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and may involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon citizens or the environment of the city or some clearly defined portion or portions thereof. (a) The city manager is designated as the emergency management director. (b) The emergency management director shall:(1)Be the director of all of the emergency management resources of the city;(2)Be responsible for the organization, administration and operation of emergency management activities; and(3)Exercise the authority granted by this article. (c) In the absence of the emergency management director, the emergency management coordinator shall exercise the same duties as the emergency director, and, shall serve as the deputy director of emergency services for purposes of section 2-624. The emergency management coordinator shall be appointed pursuant to section 6-625. (a) A local emergency may be declared by the emergency management director with the consent of the council. If the council cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the council may declare the existence of a local disaster subject to confirmation by the council at a regular or special meeting within 14 days of the declaration, whichever occurs first. The declaration of an emergency shall activate the city's emergency operations plan and authorize the furnishing of aid and assistance thereunder. The council, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. (b) During any period when natural or man-made disaster threatens or when the city has been struck by such disaster, the emergency management director may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources. Such regulations may include but shall not be limited to the following: (1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management resources or to facilitate the mass movement of persons from critical areas within the city. (2) Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (3) Notwithstanding the requirements of sections 14-33 and 34-6 of this Code and section 20-102 of the city zoning ordinance, regulations providing for waiver of fees for building and fire permits issued to repair property damage incurred during the declared emergency, for such period of time as may be determined by the emergency management director. (4) With the concurrence of the city zoning administrator, regulations authorizing temporary housing, storage, and emergency response facilities when necessary to respond to the public needs during a local, state, or national disaster caused by either natural or man-made events, pursuant to subsection 20-101(a)(4) of the city zoning ordinance. (5) Such other regulations necessary to preserve public peace, health and safety. State Code 44-146.21: A. A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. B. A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. C. Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.

  Chesapeake City Code of Ordinances: Sec. 2-622 - 2-625

  Code of Virginia: 44-146.21

• Richmond (click to expand)

  Specific code

  City Code Sec. 2-375 - 2-377: In order to enable the City to respond effectively to emergencies, the Department of Fire and Emergency Services shall be responsible for the following functions: (1) Planning, preparing for and mitigating emergencies; (2) Identifying and protecting critical infrastructure and key assets; (3) Educating the public on emergency preparedness; (4) Coordinating the City's response to and recovery from emergencies; (5) Providing responders with information and resources; and (6) Obtaining funding and other aid to ensure that the City is prepared to respond to and is able to recover from emergencies. (a) Appointment and reporting. Pursuant to Code of Virginia, § 44-146.19, the Mayor, as the Director of Emergency Management, shall appoint the Coordinator of Emergency Management with the consent of the City Council. The Coordinator shall report to the Mayor or, if and when so directed by the Mayor, to the Chief Administrative Officer. (b) General powers and duties. The Coordinator shall have general management and control of the office and its units. The Coordinator shall appoint and remove all officers and employees of the office subject to applicable personnel policies established by ordinance, and shall have the power to make rules and regulations consistent with the City Charter and City ordinances for the conduct of the functions of the Office. (c) Emergency powers and duties. The Coordinator shall have those powers afforded to and perform those duties imposed upon local coordinators of emergency management by the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, Code of Virginia, § 44-146.13 et seq., and shall assist the Mayor in exercising those powers afforded to and performing those duties imposed upon local directors of emergency management by such law. The Mayor, as the Director of Emergency Management, may appoint any officer or employee of the City to serve as Deputy Director of Emergency Management. In the absence of the Mayor, the Deputy Director of Emergency Management shall act as a substitute for the Mayor in carrying out the Mayor's role as Director of Emergency Management for purposes of Code of Virginia, § 44-146.21 and for all other purposes. State Code 44-146.21: A. A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. B. A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. C. Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.

  Richmond City Code: Sec. 2-375 - 2-377

  Code of Virginia: 44-146.21

Washington[edit]

• Seattle (click to expand)

  Specific code

  City Code 10.02.010 - 10.02.020: A.Whenever riot, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake, or other catastrophe or disaster occurs in the City and results in or threatens to result in the death or injury of persons or the destruction of property or the disruption of local government to such extent as to require, in the judgment of the Mayor, extraordinary measures to prevent the death or injury of persons and to protect the public peace, safety, and welfare, and alleviate damage, loss, hardship, or suffering, the Mayor shall forthwith proclaim in writing of the existence of a civil emergency. B.Such civil emergency shall cease to exist upon the issuance of a proclamation by the Mayor or by a resolution passed by a vote of not less than 2/3 of all the members of the City Council terminating the same. Such proclamation shall be issued by the Mayor or by a resolution passed by a vote of not less than 2/3 of all the members of the City Council when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare. Before a civil emergency is declared terminated, either by proclamation by the Mayor or by a resolution passed by a vote of not less than 2/3 of all the members of the City Council, the Mayor or Council will consult with the City's Police Chief, Fire Chief, and Director of Emergency Management and the Director of Public Health—Seattle & King County to determine if there are any fiscal, public safety response, or disaster recovery imperatives that require the continuation of emergency measures. C.Any such proclamation by the Mayor shall be filed immediately after issuance of the proclamation, or as soon as practical, with the City Clerk for presentation to the City Council for ratification and confirmation, modification, or rejection. The Council may, by resolution, modify or reject the proclamation and, if rejected, it shall be void. If the Council modifies or rejects the proclamation, said modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of the proclamation. The Council shall endeavor to act on any proclamation of civil emergency within 48 hours of its being presented to the Council by the Mayor. A.Upon the proclamation of a civil emergency by the Mayor, and during the existence of such civil emergency, the Mayor may, in a form that meets the requirements of Section 10.02.025, make and proclaim any or all of the following orders: 1.An order imposing a general curfew applicable to the City as a whole, or to such geographical area or areas of the City and during such hours, as he deems necessary, which effective hours and affected area or areas may be modified from time to time; 2.An order requiring any or all business establishments to close and remain closed until further order; 3.An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments that are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the Mayor, be allowed to remain open; 4.An order requiring the discontinuance of the sale, distribution, or giving away of alcoholic beverages in any or all parts of the City; 5.An order requiring the discontinuance of the sale, distribution, or giving away of firearms and/or ammunition for firearms in any or all parts of the City; 6.An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; 7.An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided that, with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the Mayor, be allowed to remain open; 8.An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings; 9.An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties; 10.An order requesting federal and/or state assistance in combating such civil emergency; 11.An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; and advising appropriate authorities concerning rationing, price control, wage and rent controls, and allocation of food and other essential commodities; 12.An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons; 13.An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency; 14.An order providing for the evacuation and reception of the population of the City or any part thereof; and 15.Such other orders as are imminently necessary for the protection of life and property City Charter Article V Sec. 2: The Mayor shall see that the laws in the City are enforced, and shall direct and control all subordinate officers of the City, except in so far as such enforcement, direction and control is by this Charter reposed in some other officer or board, and shall maintain peace and order in the City. He or she may, in any emergency, of which the Mayor shall be the judge, assume command of the whole or any part of the police force of the City; but before assuming such control he or she shall issue his or her proclamation to that effect, and it shall be the duty of the Chief of Police to execute orders promulgated by the Mayor during such emergency. The Mayor shall perform such other duties and exercise such other authority as may be prescribed by law.

  Seattle City Code: 10.02.010 - 10.02.020

  City Charter: Article V Sec. 2

Wisconsin[edit]

• Milwaukee (click to expand)

  Specific code

  City Charter 6-03 - 6-09: DISASTER means a severe or prolonged natural or human-caused occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of the city, or critical systems, including computer, telecommunications, or agricultural systems. PUBLIC HEALTH EMERGENCY means the occurrence or imminent threat of an illness or health condition that meets the following criteria: a. Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent. b. Poses a high probability of either of the following: b-1. A large number of deaths or serious or long-term disabilities among humans. b-2. A high probability of widespread exposure to a biological, chemical or radiological agent that creates a significant risk of substantial future harm to a large number of people. 1. Pursuant to s.323.14(4), Wis. Stats., the common council is empowered to order, by ordinance or resolution, an emergency existing within the city. The period of emergency shall be limited by ordinance or resolution to an emergency or the imminent threat of an emergency. 2. The emergency power of the common council conferred under sub. 1 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection and welfare of persons and property within the city in the emergency and includes the power to bar, restrict or remove unnecessary traffic, both vehicular and pedestrian, from the public way, notwithstanding any provision of chs. 341 to 349, Wis. Stats., as amended, or any other provisions of law. 3. If, because of the emergency conditions, the common council is unable to meet with promptness, the mayor or acting mayor shall exercise by proclamation all of the powers conferred upon the common council under sub. 1 or 2 which within the discretion of mayor or acting mayor appear necessary and expedient for the purposes of this chapter. The proclamation shall be subject to ratification, alteration, modification or repeal by the common council as soon as it can meet, but the subsequent action taken by the common council shall not affect the prior validity of the proclamation. The mayor shall have executive direction and control of the office of emergency management and homeland security and shall be responsible for the carrying out of provisions of this chapter and ch. 323, Wis. Stats., as amended. During a period of emergency, the mayor shall assume command and direct control over all emergency management and homeland security operations and functions within the city. The mayor is further authorized and empowered to: a. Make, amend and rescind orders, rules, regulations and emergency management plans within the limits of the authority conferred upon him or her under this chapter, consistent with emergency management statutes and plans of the state of Wisconsin and the federal government. b. Enter into shelter licenses or other similar arrangements with other political subdivisions, or governmental or private agencies, or individuals. However, no expenditures of public funds or any obligation of such funds shall be made without prior approval of the common council, except during periods of emergency. c. Delegate administrative and contracting authority vested in him or her under this chapter, and authorize the subdelegation of such authority. d. Declare by proclamation a state of emergency and the termination thereof unless the common council by resolution shall sooner declare the termination of the state of emergency. When the proclamation is issued, the governor shall be immediately notified of its contents. State Statute 323.11: The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

  Milwaukee City Charter: 6-03 - 6-09

  Wisconsin Statutes: 323.11

  
  

• Madison (click to expand)

  Specific code

  City Code 3.19 - 3.20: (1) Notwithstanding any other provision of law to the contrary the Common Council is empowered to declare, by ordinance or resolution, an emergency existing within the city whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital services of the City. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist. (2) The emergency power of the Common Council conferred under Subsection (1) includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the city in the emergency and includes without limitation because of enumeration the power to: (a) Bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways notwithstanding any provision of Chapter 12, Madison General Ordinances or Wis. Stat. chs. 341 to 349, or any other provisions of law. (Am. by ORD-12-00035, 3-28-12)(b) Impose a curfew upon all or any portions of the City thereby requiring all persons in such designated curfew areas to remove themselves forthwith from the public streets, alleys, parks or other public places. Physicians, nurses and ambulance operators performing medical services, bona fide members of the news media, personnel of public utilities maintaining essential public services and firefighters and City authorized or requested law enforcement officers and personnel may be exempted from such curfew. (Am. by ORD-14-00012, 1-14-14) (c) Order the closing of any business establishments anywhere within the City for the period of the order within the City. Emergency, such businesses to include, without limitation because of enumeration, those selling intoxicating liquor, fermented malt beverages, gasoline or firearms. (d) Call upon regular and auxiliary law enforcement agencies and organizations within or without the City of Madison to assist in preserving and keeping peace and order within the City. (3) If, because of the emergency conditions, the Common Council is unable to meet with promptness, the Mayor or, in the event of her/his inability to act, the president of the Council or other successor as determined under Section 3.02(3), shall exercise by proclamation all of the powers conferred upon the Common Council under Subsec. (1) or (2) which within the discretion of the Mayor or the Mayor's successor appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration or repeal by the Common Council as soon as the Common Council can meet, but the subsequent action by the Common Council shall not affect the prior validity of the proclamation. (4) The proclamation, ordinance, or resolution declaring an emergency under Subsec. (1), (2) or (3) shall be effective upon its issuance and its dissemination to the public by appropriate news media. (5) Any person who willfully fails or refuses to comply with any lawful order or duly authorized law enforcement officers or personnel charged with the enforcement of such proclamation of emergency shall be subject to a forfeiture of not more than five hundred dollars ($500) for each offense. (6) Each portion of this section is deemed severable and if any provision is held to be unconstitutional or invalid for any reason, such decision shall not affect any portion of this section other than the portion or portions affected by such decision. "Disaster" means a severe or prolonged, natural or human-caused, occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of this state or a portion of this state, or critical systems, including computer, telecommunications, or agricultural systems. (Cr. by ORD-10-00089, 9-15-10) "Emergency" means either: 1. The imminence or existence of a major disaster or catastrophe resulting from enemy attack, sabotage, or other hostile action or by fire, flood, earthquake, or other natural or unforeseen causes which are clearly beyond the control of normal government services, personnel, equipment and facilities; or 2. When a state of emergency has been proclaimed by the governor of the state or the Mayor or designee hereunder or by the Common Council as provided in Section 3.19, M.G.O. "Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all of the following criteria: 1.,Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent. 2. Poses a high probability of any of the following: a. A large number of deaths or serious long-term disabilities among humans. b. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people. "State of emergency" means the interim of time between the imminence of or the beginning of an emergency or the issuance of the proclamation declaring an emergency by either the governor; County Executive of Dane County; Mayor or designee hereunder; the Common Council; or other official as authorized under Section 3.19, MGO and a terminating proclamation is issued by such official declaring the period of extreme emergency to be at an end. (a) Upon the declaration of a state of emergency by the Governor, by the Mayor, or in the absence of the Mayor, by the President of the Common Council or the individual designated under Sec. 3.19, MGO, or by the Common Council under Sec. 3.19, MGO, the Emergency Management Coordinator shall disseminate all proclamations as to the existence of such state of emergency and shall issue such alerts as shall be required in the emergency management plan. (b) Such state of emergency shall continue until terminated by the issuing authority, provided that any such declaration not issued by the Governor may be terminated at the discretion of the Common Council. (c) During the continuance of a state of emergency, proclaimed as set forth herein, the Emergency Management Coordinator may contract with any person to provide equipment and services on a cost basis to be used in disaster relief and/or commandeer materials, services and property in the public interest and safety. Such authority to contract shall be limited to the provision of goods and services necessary to stop further damage and/or to maintain basic municipal services and/or infrastructures. Contracts in excess of ten thousand dollars ($10,000) shall require approval of the Mayor. (d) Upon the completion of the work described in sub. (c) and the termination of the state of emergency, the Emergency Management Coordinator shall make a complete report of the work to the Mayor and the Common Council, stating in detail the items of cost and the total cost of doing the work. The City Clerk shall publish the report as a part of the proceedings of the Common Council. State Statute 323.11: The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

  Madison City Code: 3.19 - 3.20

  Wisconsin Statute: 323.11

General resources[edit]

The chart below shows coronavirus statistics from countries across the world. The information is provided by Real Clear Politics.

Click the links below to explore official resources related to the coronavirus outbreak.

• Centers for Disease Control and Prevention (CDC), U.S. Department of Health & Human Services
• National Institutes of Health, U.S. Department of Health & Human Services
• Occupational Safety and Health Administration, U.S. Department of Labor
• U.S. Department of Education
• World Health Organization
• Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by State/Territory
• Coronavirus (COVID-19) Vaccinations, Our World in Data (Number of vaccines administered)
• Coronavirus Vaccine Tracker, New York Times (Progress of vaccine trials)

Footnotes[edit]

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