Codified Ordinance 509.12 STATE OF EMERGENCY

509.12  STATE OF EMERGENCY.
   (a)   "State of Emergency" as used herein means:
      (1)   A riot, as identified 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 residents of the City, or substantially impairs the functioning of the City government and its ability to protect the lives and property of the people; or
      (2)   Any catastrophe, or clear or present danger thereof, including but not limited to hurricane, tornado, storm, high water, wind driven water, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, flood, explosion, or other existing or imminent event, within or without the corporate limits of the City, that causes, or may cause, damage, ecological disruption, loss of human life, and deterioration of health and health services on a large scale to such an extent that extraordinary measures must be taken to protect the public peace, health, safety or welfare.
   (b)   "Mayor" as used herein means:
      (1)   The Mayor of the City of Tallmadge, Ohio; or
      (2)   In the Mayor's absence, the Director of Public Safety; or
      (3)   In the absence of both the Mayor and Director of Public Safety, an authorized representative designated by the Mayor to act on his behalf; or
      (4)   In the absence of both the Mayor and Director of Public Safety, and when the Mayor has not designated one to act on his behalf, the Police Chief.
   (c)   The Mayor is hereby authorized to determine when a state of emergency exists within the City. Upon making such determination, he shall issue a written statement proclaiming the existence of a state of emergency, which proclamation shall contain the nature of the emergency, the area or areas of the City threatened by it, the conditions that have brought it about, and any or all of the following regulations necessary to preserve and protect the public peace and the lives, persons and property within the City which are endangered or potentially endangered by the factors constituting such a state of emergency. During a state of emergency, the authorities of the Mayor may include any or all of the following:
      (1)   Issue executive orders, proclamations, and regulations, and amend or rescind them in the fulfillment of his responsibilities. Such executive orders, proclamations, and regulations shall have the force and effect of law during the period of emergency for which they are effective.
      (2)   Serve as the commander-in-chief of the emergency management forces available for emergency duty. To the greatest extent possible, the Mayor shall delegate or assign authority by prior arrangement embodied in the City's Emergency Operations 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 emergency.
      (3)   Serve as the leader of the elected and appointed officials who have the executive authority to establish the polices that will direct DOC operations and emergency response actions.
      (4)   Suspend the provisions of any ordinance prescribing procedures for the conduct of the City business, or the rules, regulations, or orders of any City department, if strict compliance with such ordinance rule, regulation, or order would in any way prevent, hinder, or delay necessary action in coping with disaster.
      (5)   Suspend the provisions of any collective bargaining agreement if strict compliance with such provisions of the collective bargaining agreement would in any way prevent, hinder, or delay necessary action in coping with disaster.
      (6)   Impose a curfew upon all or any portion of the City thereby requiring all persons in such designated curfew area or areas to forthwith remove themselves from the public streets, alleys, parks or other public places or in lieu thereof to limit the number of persons who may gather or congregate, or to prescribe conditions under which such persons may gather or congregate upon the public highways or sidewalks or any outdoor place or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access.
      (7)   Restrict or prohibit movement within, above or beneath the area or areas which in his judgment are imperiled by the emergency.
      (8)   Establish the hours under such curfew as he deems advisable during which persons are prohibited from being out of doors.
      (9)   Utilize all available resources of the City as reasonably necessary to manage emergency operations.
      (10)   Transfer the direction, personnel, or functions of City departments, or units thereof, for the purpose of performing or facilitating emergency services.
      (11)    Request the assistance and cooperation of voluntary support agencies or other entities as may be reasonably necessary to implement the emergency management plan, and, in the event that one of these fails or refuses to provide the requested assistance and cooperation, or that there is not one available to order such assistance and cooperation, commandeer or utilize such agency's or entity's personnel and equipment as reasonably necessary to deal with the emergency.
      (12)   Commandeer or utilize any private property if he finds this necessary to manage emergency operations.
      (13)   Direct and compel, by any reasonable force, the evacuation of all or part of the population from any stricken or threatened area within the City if he deems this action necessary for the preservation of life, or for disaster mitigation, response or recovery.
      (14)   Prescribe routes, modes of transportation, and destinations in connection with an evacuation.
      (15)   Control ingress and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
      (16)   Suspend or limit the sale, dispensing, distribution, carrying, possession, transportation or giving away of alcoholic beverages, firearms, ammunition, weapons or any objects intended to be used as weapons, hazardous materials or chemicals, explosives, fireworks, gasoline or other flammable or combustible products.
      (17)   Make provision for the availability and use of temporary emergency housing.
      (18)   Take or direct measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution, and other utility services in the general public interest.
      (19)   Take or direct measures concerning the conduct of civilians and the movement and cessation of movement of pedestrian traffic prior to, during, and subsequent to disaster exercises, and actual or threatened disasters, the calling of public meetings and gathering, and the evacuation and reception of the civilian population.
      (20)   Authorize the use of forces already activated or mobilized to assist private citizens of the City in cleanup and recovery operations following a disaster when permission to enter into private property has been obtained from the property owner.
      (21)   Issue such orders as are imminently necessary for the protection of life and property.
      (22)   Enforce and utilize the provisions of mutual aid plans and inter-jurisdictional agreements and, in connection thereof:
         A.   Organize and dispatch emergency response resources, including personnel, supplies, and equipment, to other jurisdictions; transfer operational control of such resources to other jurisdictions; and resume control of such resources when they are no longer needed outside the City.
         B.   Request and assume operational control of emergency response resources, including personnel, supplies, and equipment, dispatched from other jurisdictions into the City, and transfer operational control of such resources to the original jurisdiction when they are no longer needed in the City.
         C.   Loan, lease, or transfer, on such terms and conditions as he deems necessary to promote the public welfare and protect the interest of the City, any property of the City required or useful to effectuate the mutual aid plan or inter-jurisdictional agreement, and receive and utilize any property of another jurisdiction, by loan, lease, or transfer on such terms and conditions as he deems advisable pursuant to a mutual aid or inter-jurisdictional agreement.
         D.   Waive procedures and formalities otherwise required by the City Charter or law pertaining to the:
            i.   Performance of public work;
            ii.   Entering into of contracts;
            iii.   Incurring of obligations;
            iv.   Employment of permanent and temporary workers;
            v.   Utilization of volunteer workers;
            vi.   Rental of equipment;
            vii.   Purchase and distribution, with or without compensation, of supplies, materials and facilities; and
            viii.   Appropriation and expenditure of public funds.
   (d)   The state of emergency shall continue until the Mayor finds that the threat or danger has subsided to the extent that the emergency conditions no longer exist and he or she terminates the state of emergency by proclamation; but no state of emergency may continue for longer than 30 days unless renewed by the Mayor.
   (e)    The Mayor is hereby authorized to contract with other governmental agencies or firms or corporations providing security or fire services for the furnishing of additional police and fire protection during the times of such emergency.
   (f)   Whoever violates this section or any valid order issued by the Mayor under the powers granted to him under this section is guilty of a misdemeanor of the first degree.
(Ord. 34-2019.  Passed 4-25-19.)