21-035/05-04 Authorizing Summary Publication Ordinance No 711DocuSign Envelope ID: 28D46C67-4632-438F-928B-39B27B76817F
ORDINANCE NO. 711
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 8 OF THE CITY CODE RELATED TO
EMERGENCY MANAGEMENT
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 8 is renamed "Emergency Management and
Services".
Section 2. City Code Chapter 8, Article I, is repealed, replaced, renamed, and
shall read as follows:
ARTICLE I. — EMERGENCY MANAGEMENT
Sec. 8-1. — Policy and Purpose.
The City Council determines that the city of Golden Valley should be prepared to
adequately deal with potential emergencies and disasters. In addition, the City
should generally provide for the common defense, preserve the lives and
property of the people of the City, and protect the public peace, health, safety,
and general welfare. To accomplish these goals, the City Council determines
that it is appropriate and necessary to:
(a) establish a city emergency management organization responsible for
planning and preparation for emergency government operations in time of
disasters;
(b) provide for the exercise of necessary powers during emergencies and
disasters;
(c) provide for the rendering of mutual aid between this city and other political
subdivisions of this state and of other states with respect to the carrying
out of emergency preparedness functions; and
(d) comply with provisions of Minn. Stat. chapter 12, § 12.25, which requires
each political subdivision of Minnesota to establish a local organization for
emergency management.
Sec. 8-2. — Definitions.
Except as otherwise defined herein, or where the context clearly indicates a
contrary intent, the words and terms defined in Minnesota Statutes, chapter 12,
shall be applicable to this Chapter.
Sec. 8-3. — Establishment of Emergency Management Organization.
The City Council shall designate a department to be the emergency management
organization for the City. The Mayor shall appoint the emergency management
director, who will have responsibility for the organization, administration and
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operation of the emergency management organization, subject to the direction
and control of the City Manager.
Sec. 8-4. — Powers and Duties of the Director.
(a) The director, with the consent of the City Manager, may represent the City
at regional or state conferences for emergency management. The director
shall recommend to the City Council proposed mutual aid agreements with
other political subdivisions for reciprocal assistance in an emergency too
great to be handled unassisted. These agreements will be consistent with
the state comprehensive emergency plan.
(b) The director shall make studies and surveys of the personnel, industries,
resources and facilities of the City as deemed necessary to determine
their adequacy for emergency management and to plan for their most
efficient use in time of an emergency or disaster.
(c) The director shall prepare a comprehensive emergency plan for the
emergency preparedness of the City and will present this plan to the City
Council for approval. When the Council has approved the plan, it will be
the duty of all departments and all emergency preparedness forces of the
City to perform the duties and functions assigned by the approved
plan. The plan may be modified in the same manner. The director will
coordinate the emergency management activities of the City so that they
are fully integrated with the emergency plan of the federal government and
the state and correlated with emergency plans of other political
subdivisions within the state.
(d) In accordance with the state and county emergency plan, the director will
institute and conduct training programs, public information programs,
practice warning alerts, and emergency exercises as appropriate to
ensure prompt and effective operation of the city emergency plan when a
disaster occurs.
(e) The director will use the personnel, services, equipment, supplies and
facilities of existing departments and agencies of the City to the maximum
extent practicable. The officers and personnel of those departments and
agencies will, to the maximum extent practicable, cooperate with and
extend services and facilities to the director. The director will include the
head of each department in the planning and programming of emergency
activities that will involve the use of that department's resources.
(f) The director will, in cooperation with other departments and agencies
affected, assist in the organizing, recruiting and training of emergency
management personnel that may be required to carry out the emergency
plans of the city and state. If personnel are recruited to augment a regular
department for emergencies, they will be assigned to, and under the
administration and control of, that department.
(g) Consistent with state law, the director will coordinate the activity of
emergency management services and assist in establishing and
conducting training programs as appropriate to ensure emergency
operational capability.
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(h) The director will carry out all lawful orders and regulations issued
regarding emergency management. The director, with the consent of the
City Manager, may issue directives to effectuate these orders and
regulations.
(i) The director shall act as advisor and coordinator to the City Manager and
be responsible for emergency operations during an emergency, unless
those duties are otherwise assigned. The director shall ensure
coordination among the operating departments, non -governmental groups,
and other governmental agencies.
Q) The director shall prepare and submit reports on emergency preparedness
activities as may be requested by the City Council.
Sec. 8-5. — Cooperation of City Officials, Departments.
Every officer and agency of the City shall cooperate with federal and state
authorities and with authorized agencies engaged in emergency measures to
the fullest possible extent consistent with the performance of their other duties.
The provisions of this chapter and of all regulations made hereunder shall be
subject to all applicable and controlling provisions of federal and state laws and
of regulations and orders issued thereunder, and shall be deemed to be
suspended and inoperative so far as there is any conflict therewith.
Sec. 8-6. — Declaration of Emergency.
(a) A local emergency may be declared only by written order or proclamation
of the Mayor or their 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.
(b) A declaration of a local emergency may invoke necessary portions of
the response and recovery aspects of applicable disaster plans, and
may authorize assistance under those plans.
(c) During any such emergency the mayor shall have the further authority
to impose curfew hours on public streets or other public places.
(d) Any declaration or emergency may be limited by the Mayor so as to
initiate only the curfew provisions of this chapter and such portions of
the emergency management plan which are deemed necessary to meet
the particular emergency.
Sec. 8-7. — Emergency Regulations.
(a) 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 order or proclamation, may promulgate
regulations, consistent with applicable federal or state law or regulation,
governing the conduct of persons and the use of property during
emergencies; the repair, maintenance, and safeguarding of essential
public services; emergency health, fire, and safety regulation drills, or
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practice periods required for preliminary training; and all other matters that
are reasonable necessary to protect public safety, health, and welfare in
declared emergencies. The Council may by emergency resolution adopt
regulations governing the same matters. The City Council may, by
resolution, modify or terminate any such regulations at any time. If not
sooner terminated, every such regulation shall expire at the end of the
emergency to which it relates.
(b) Every proclamation, order, or resolution of emergency regulations shall
be in writing and signed by the Mayor, shall be dated, shall refer to the
particular emergency to which it pertains, if so limited, and shall be
posted on the City website and filed in the office of the City Clerk, where
a copy shall be kept posted and available for public inspection during
business hours. Thereupon, the regulations shall take effect immediately
or at such later time as may be specified in the proclamation, order, or
resolution. By like proclamation, order or resolution, the Mayor or Council
may modify or terminate any such regulations.
Sec. 8-8. — Suspension of Inconsistent Rules.
Any ordinance, rule or regulation inconsistent with any emergency regulation
promulgated by the Mayor shall be suspended during the period of time and to
the extent that such conflict exists.
Sec. 8-9. — Municipal Emergency Powers.
During a declared emergency, the City may enter into contracts and incur
obligations necessary to combat the disaster by protecting the health and safety
of persons and property and providing emergency assistance to the victims of the
disaster. The City may do so without compliance with the time-consuming
procedures and formalities prescribed by law for the performance of public work,
rental or purchase of supplies, materials, and equipment and the appropriation
and expenditure of public funds.
Sec. 8-10. — Location of City Council Meetings
When an emergency or disaster makes it imprudent or impossible to conduct the
affairs of the City at its regular locations, the City Council may meet at any place,
inside or outside the City limits. A temporary disaster meeting location for the City
Council may continue until a new location is established or until the emergency
or disaster is terminated and the City Council is able to return to its normal
location.
Sec. 8-11. — Enforcement Authority
(a) The members of the City fire department, police department, other law
enforcement agencies having jurisdiction in the City, and other people
authorized by the Mayor, City Council, or Emergency Management
Director are authorized and directed to enforce this section and the orders
and regulations made pursuant to this section.
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(b) During the period of a declared emergency, a person authorized under
this section may enter onto private property if the person has reasonable
grounds to believe that there is an immediate need for assistance for the
protection of life or property, and that entering onto the private land will
allow the person to take steps to alleviate or minimize immediate danger
to lives or property.
Sec. 8-12 — 8-20. — Reserved.
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 4th day of May, 2021.
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QoeuSigned by:
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Shepard M. Harris, Mayor
ATTEST:
-- DocuSEgned by:
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Theresa J. Schyma, City Clerk