3.01 AUTHORITY
1. POLICY AND PURPOSE
a. Disaster Planning shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage caused by fire, flood, other natural causes, sabotage, enemy attack or other hostile action.
b. By reason of the increasing possibility of disasters of unprecedented size and destructiveness, and to ensure that preparations will be adequate to cope with such disasters, and to provide for the common defense, to protect the public peace, health and safety and general welfare, and to preserve the lives and property of the people, it is hereby declared necessary:
1. To establish a local Disaster Planning Committee
2. To provide for the exercise of necessary powers and to ensure the coordination of all available Village and private resources during emergencies; and
3. To provide for the rendering of cooperation and mutual aid between this Village and other political sub-divisions.
c. It is further declared to be the purpose of this chapter and the policy of the Village that all emergency functions of this Village be coordinated to the maximum extent practicable with existing services and facilities of this Village and with comparable functions of the federal, state and county governments and other political sub-divisions, and of various private agencies to the end that most effective preparation and use may be made of manpower, resources and facilities for dealing with any disaster that may occur.
2. DISASTER PLANNING COMMITTEE
a. Composition The Disaster Planning Committee of the Village shall consist of the following members:
Village President, 2 Appointed Village residents, Chief of Police,Fire Chief (or designee), Emergency Medical Services Director. Public Works Director. 4 Appointed Civilian Staff
Each of the above-named persons may designate, in their absence, a member of their staff to replace them as a member of the Committee. The Chairperson of the Disaster Planning Committee shall serve as chairman and the committee, and the Disaster Planning coordinator, hereinafter named, shall serve as secretary of the committee.
b. Powers and duties of the Disaster Planning Committee: The committee shall be an advisory and planning group and shall advise the coordinator and the Village Board on all matters pertaining to Disaster Planning and shall provide for the established of operating procedures which will ensure the purposes herein set forth. The committee shall meet at least twice a year; March and October.
3. CIVIL DEFENSE DIRECTOR/CHIEF EXECUTIVE
a. The office of director of civil defense is hereby created. The Director or Chief Executive shall be the Village President of the Village of Deerfield.
b. Duties
1. The director shall have direct responsibility for the organization, administration and operation of the civil defense organization. He shall coordinate all activities for civil defense within the village, and shall maintain liaison and cooperate with civil defense agencies and organizations of other political subdivisions.
2. The director shall prepare a comprehensive plan for the civil defense of the village and shall present such plan to the Village Board for its approval. When the Village Board has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the village to perform the duties and function assigned by the plan as approved. The plan may be modified in like manner.
4. DISASTER PLANNING COORDINATOR
a. Appointment: The Disaster Planning Coordinator shall be the Chief of Police.
5. UTILIZATION OF EXISTING SERVICES AND FACILITIES
In developing the comprehensive general plan, the Committee shall utilize the services, equipment, supplies and facilities of the existing departments and agencies of the Village to the maximum extent practicable. The officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities for Disaster Planning purposes.
6. EMERGENCY REGULATIONS
Whenever necessary to meet an emergency for which adequate regulations have not been adopted by the Village Board, the Village President may by proclamation promulgate and enforce such orders, rules and regulations relating to the conduct of persons and the use of property as shall be necessary to protect the public peace, health and safety, and preserve lives and property and to ensure the cooperation necessary in emergency situations. Such proclamations shall be posted in three (3) public places and may be rescinded by the Village Board by resolution at any time.
7. MUTUAL AID AGREEMENTS
The existing mutual aid agreements with other political sub-divisions in Dane County shall stay intact.
8. DECLARATION OF EMERGENCIES
Upon the declaration by the Governor, the Village President, the Village Board, or by the Fire Chief or Police Chief of a state of emergency, the Disaster Planning coordinator or other official designated by the Village Board shall issue all necessary proclamations as to the existence of such state of emergency and shall issue such disaster warnings or alerts as shall be required in the comprehensive general plan. All Village agencies shall take action in accordance with the plan after the declaration of an emergency and the issuance of official disaster warnings. The state of emergency shall continue until terminated by the issuing authority provided that any declaration not issued by the Governor may be terminated at the discretion of the Village Board.
9. OBSTRUCTION OF EMERGENCY OPERATIONS
It shall be unlawful for any person to willfully obstruct, hinder or delay the enforcement of any order, rule, regulation of plan issued pursuant to this chapter, or to do any act forbidden by an order, rule, regulation or plan issued pursuant to the authority contained in this section. For a violation of this chapter, a person shall be subject to a penalty as prescribed by section 20 of this chapter.
10. through 19. RESERVED
20. PENALTY
Any person violating any provision of this ordinance shall, upon conviction thereof, be subject to a forfeiture of not less than $100.00 nor more that $500.00 together with the costs of prosecution.
21. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its passage and posting.
Adopted at a regular meeting of the Village Board of the Village of Deerfield this day of , 19 .
22. STATE STATUTES
166.03 Emergency government.
23. POWERS AND DUTIES OF COUNTIES AND MUNICIPALITIES.
a. The governing body of each county, town and municipality shall adopt an effective program of emergency government and, except at the county level in counties having a county executive, shall appoint a head of emergency government services. Each such governing body may appropriate funds and levy taxes for this program.
24. POWERS AND DUTIES OF HEAD OF EMERGENCY GOVERNMENT SERVICES.
a. The head of emergency government services in each county, town and municipality shall for his or her respective county, town or municipality, develop and promulgate emergency government plans consistent with state plans, direct the emergency government program and perform such other duties related to emergency government as are required by the governing body and the emergency government committee of the governing body when applicable.
b. 66.325 Emergency powers.
1. Notwithstanding any other provision of law to the contrary, the governing body of any city or village is empowered to declare, by ordinance or resolution, an emergency existing within such city or village 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 facilities of such city or village. The period of such emergency shall be limited by such ordinance or resolution to the time during which such emergency conditions exist or are likely to exist.
2. The emergency power of the governing body herewith conferred includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of such municipality in such emergency and shall include without limitation because of enumeration the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law. The governing body may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment thereof 6 months’ imprisonment for each separate offense.
3. If, because of such emergency conditions, the governing body is unable to meet with promptness, the chief executive officer or acting chief executive officer, including the village president or acting village president, of any city or village shall exercise by proclamation all of the powers herewith conferred upon the governing body which within the discretion of said office appear necessary and expedient for the purposes herein set forth. Such proclamation shall be subject to ratification, alteration, modification or repeal by the governing body as soon as that body can meet, but such subsequent action taken by the governing body shall not affect the prior validity of said proclamation.
4. All provisions contravening the provisions of this section are hereby repealed.
3.02 EMERGENCY OPERATING CENTER/PERSONNEL
1. VILLAGE PRESIDENT
1. Village President: The Deerfield Village President is responsible for the formulation and approval of policy and of operational guidelines in support of policy, for the conduct of emergency operations. A major responsibility will be to ensure that information and direction are given to the general public and that contact is maintained with the higher levels of government. The Village President is also responsible for the overall management of the Village of Deerfield’s survival and recovery efforts. In fulfilling this role, the Village President will have the assistance of the Emergency Operating Center Staff.
2. DISASTER PLANNING COORDINATOR
a. Appointment: The Disaster Planning Coordinator shall be the Chief of Police.
b. Powers of duties
1. The coordinator shall coordinate all activities involved in Disaster Planning within the Village and shall maintain liaison and cooperation with Disaster Planning agencies and organizations of other political sub-divisions and of the state and federal governments, and shall participate in county and State Disaster Planning activities upon request, and shall have such additional authority, duties and responsibilities as authorized by this chapter and as may from time to time be required by the Village Board.