Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

An Ordinance

No.



WHEREAS, O.C.G.A. ?? 38-3-27 through 38-3-28 and 38-3-54 through 38-3-56

authorizes the Columbus Council to provide emergency management within

Columbus/Muscogee County;



WHEREAS, the Georgia Emergency Management Agency (GEMA) is the state agency

assigned responsibility for coordination of all organization for emergency

management activities within the state;



WHEREAS, the Emergency Management Division, Columbus Fire and Emergency Medical

Services, is an established emergency management agency;



WHEREAS, to ensure an effective and coordinated response to disasters,

Columbus/Muscogee County wishes to coordinate EMA activities and responses with

all entities located within Columbus/Muscogee County;



WHEREAS, the Columbus Council and the Georgia Emergency Management Agency

believe that an ordinance should be adopted to protect the health and safety of

persons and property during an emergency or disaster resulting from man made or

natural causes.



THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



Chapter 2 of the Columbus Code is hereby amended by adding a new Article III,

Emergency Management, to read as follows:



Article III

Emergency Management



Section 1. Regulations Continued in Effect.



All ordinances, resolutions, motions and orders pertaining to civil defense,

emergency management and disaster relief, which are not in conflict with this

Article, are continued in full force and effect. Such ordinances or other

official documents are on file in the office of the Clerk of Council.



Section 2. Emergency Management and Response Powers.



(a) Declaration of Local Emergency.



(1) Grant of authority. In the event of an actual or threatened occurrence of a

disaster or emergency, which may result in the large-scale loss of life,

injury, property damage or destruction or in the major disruption of routine

community affairs, business or governmental operations in Columbus/Muscogee

County and which is of sufficient severity and magnitude to warrant

extraordinary assistance by federal, state and local departments and agencies

to supplement the efforts of available public and private resources, the Mayor

may declare a local emergency for Columbus/Muscogee County. The form of the

declaration shall be similar to that provided in subsection (b) of this Code

section.



(2) Request for state assistance. Consistent with a declaration of local

emergency, the Mayor may request the Governor to provide assistance, provided

that the disaster or emergency is beyond the capacity of Columbus/Muscogee

County to meet adequately and state assistance is necessary to supplement local

efforts to save lives and protect property, public health and safety, or to

avert or lessen the threat of a disaster.



(3) Continuance. The declaration of local emergency shall continue until the

Mayor finds that emergency conditions no longer exist, at which time, the Mayor

shall execute and file with the Clerk of the Columbus City Council a document

marking the end of the state of emergency. No state of local emergency shall

continue for longer than 30 days, unless renewed by the Mayor. The Columbus

City Council may, by resolution, end a state of local emergency at any time.



(4) Effect of declaration of emergency.



(A) Activation of emergency operations plan. A declaration of emergency by the

Governor or a declaration of local emergency by the Mayor shall automatically

activate Columbus/Muscogee County emergency operations plan and shall be the

authority for deployment of personnel and use of any forces to which the plan

applies and for use or distribution of any supplies, equipment, materials, and

facilities assembled, stockpiled or arranged to be made available pursuant to

the Georgia Emergency Management Act or any other laws applicable to

emergencies or disasters.

The Emergency Management Division, Columbus Fire and Emergency Medical Services

("EMA") Director shall have the legal authority to exercise the powers and

discharge the duties conferred upon the Emergency Management Division, Columbus

Fire and Emergency Medical Services, including the implementation of the

emergency operations plan, coordination of the emergency responses of public

and private agencies and organizations, coordination of recovery efforts with

state and federal officials, and inspection of emergency or disaster sites.

In responding and conducting necessary and appropriate investigations, the

Director or his/her designee is authorized to enter at a reasonable time upon

any property, public or private, for the purpose of investigating and

inspecting sites involved with emergency management functions. The Director is

authorized to execute a right of entry and/or agreement to use property for

these purposes on behalf of Columbus/Muscogee County; however, any such

document shall be later presented for ratification at a meeting of the Columbus

City Council.

No person shall refuse entry or access to any authorized representative or

agent of Columbus/Muscogee County who requests entry for purposes of

inspection, and who presents appropriate credentials. Nor shall any person

obstruct, hamper or interfere with any such representative while that

individual is in the process of carrying out his or her official duties.



Emergency powers.



Following a declaration of emergency and during the continuance of such state

of emergency, the Mayor is authorized to implement local emergency measures to

protect life and property or to bring the emergency situation under control. In

exercising this authority, the Mayor may cause to become effective any of the

following sections of this chapter as appropriate: Section 5 (registration of

building and repair services) to become effective if the Governor declares a

state of emergency; and Section 6 (closed or restricted areas and curfews). If

any of these sections are included in a declaration of local emergency, the

same shall be filed in the office of the Clerk of the Columbus City Council and

shall be in effect until the declaration of local emergency has terminated.



Authority to waive procedures and fees.



Pursuant to a declaration of emergency, the Columbus City Council is authorized

to cause to be effective any of the subsections of Section 4 of this chapter as

appropriate. The implementation of such subsections shall be filed in the

office of the Clerk of the Columbus City Council.



(D) Additional emergency powers.



The Mayor shall have, and may exercise for such period as the declared

emergency exists or continues, the following additional emergency powers:

To direct and compel the evacuation of all or part of the population from any

stricken or threatened area, for the preservation of life or other disaster

mitigation, response or recovery;

To prescribe routes, modes of transportation and destinations in connection

with evacuation;

To suspend or limit the sale, dispensing or transportation of alcoholic

beverages, firearms, explosives and flammable liquids and substances;

To make provision for the availability and use of temporary emergency housing,

emergency shelters and/or emergency medical shelters.

To transfer the direction, personnel or functions of any Columbus/Muscogee

County departments and agencies or units thereof for the purpose of performing

or facilitating emergency services;

To utilize all available resources of Columbus/Muscogee County and subordinate

agencies over which Columbus/Muscogee County has budgetary control as

reasonably necessary to cope with the emergency or disaster;

To utilize public property when necessary to cope with the emergency or

disaster or when there is compelling necessity for the protection of lives,

health and welfare; and/or the property of citizens;

To suspend any law, code provision or regulation prescribing the procedures for

conduct of Columbus/Muscogee County business, or the orders, rules or

regulations of any Columbus/Muscogee County agency, if strict compliance with

any ordinance, resolution, order, rule or regulation would in any way prevent,

hinder or delay necessary action in coping with the emergency or disaster,

provided that such suspension shall provide for the minimum deviation from the

requirements under the circumstances and further provided that, when

practicable, specialists shall be assigned to avoid adverse effects resulting

from such suspension;

To provide benefits to citizens upon execution of an intergovernmental

agreement for grants to meet disaster-related necessary expenses or serious

needs of individuals or families adversely affected by an emergency or disaster

in cases where the individuals or families are unable to meet the expenses or

needs from other means, provided that such grants are authorized only when

matching state or federal funds are available for such purposes; and

To perform and exercise such other functions, powers and duties as may be

deemed necessary to promote and secure the safety and protection of the

civilian population, including individuals with household pets and service

animals prior to, during and following a major disaster or emergency.



(E) Form of Declaration of Local Emergency.



Upon the declaration of local emergency, an official "Declaration of Local

Emergency," in substantially the same form set forth below, shall be signed and

filed in the office of Columbus/Muscogee County Clerk and shall be communicated

to the citizens of the affected area using the most effective and efficient

means available. The declaration shall state the nature of the emergency or

disaster, the conditions that require the declaration and any sections of this

Article which shall be in effect.



"DECLARATION OF LOCAL EMERGENCY



WHEREAS, Columbus/Muscogee County, Georgia has experienced an event of critical

significance as a result of [description of event] on [date]; and



WHEREAS, in the judgment of the Mayor of Columbus/Muscogee County, with advice

from the Emergency Management Agency, there exist emergency circumstances

located in [describe geographic location] requiring extraordinary and immediate

corrective actions for the protection of the health, safety and welfare of the

citizens of Columbus/Muscogee County, including individuals with household pets

and service animals; and



WHEREAS, to prevent or minimize injury to people and damage to property

resulting from this event.



NOW, THEREFORE, pursuant to the authority vested in me by local and state law;



IT IS HEREBY DECLARED that a local state of emergency exists and shall continue

until the conditions requiring this declaration are abated.



THEREFORE, IT IS ORDERED:



That Columbus/Muscogee County Emergency Management Division, Columbus Fire and

Emergency Medical Services activates the Emergency Operations Plan;



That the following sections of Columbus/Muscogee County Code be implemented:

[If deemed appropriate, choose from the following: Registration of Building and

Repair Services to be effective only if the Governor has declared a state of

emergency; and/or Closed or Restricted Areas and Curfews]; and



That the following measures also be implemented:

ENTERED at [time] on [date].

[Signed]



Mayor, Columbus, Georgia Consolidated Government?



(c) Contracts with Municipalities.



In addition to the normal agreements embodied in Columbus/Muscogee County's

emergency operations plan for mutual emergency assistance, the Columbus Council

may contract with any county or municipality in Georgia or Alabama for the

administration of an emergency response program.



(d) Enforcement and Remedies

Law Enforcement.



In accordance with O.C.G.A. ? 38-3-4, the Muscogee County Sheriff's Office and

the Columbus Police Department shall be authorized to enforce the orders, rules

and regulations contained in this chapter and implemented by the Mayor or local

governing authority during a declared emergency.



(e) Penalties.



Failure to comply with any of the requirements or provisions of the regulations

contained in this chapter, or with any code section, order, rule or regulation

made effective by the Mayor or local governing authority upon or after the

declaration of an emergency shall constitute a violation of the provisions of

this Article. Any person who violates any provision in this Article shall, upon

conviction thereof, be guilty of a misdemeanor punishable by a fine not

exceeding $1,000.00, imprisonment for a term not exceeding 90 days, or both

such fine and imprisonment, for each violation. Each person assisting in the

commission of a violation shall be guilty of separate offenses. Each day during

which a violation or failure to comply continues shall constitute a separate

offense.



(f) Injunctive Relief.

In accordance with O.C.G.A. ? 38-3-5, in addition to the remedies prescribed in

this section, the EMA Director is authorized to obtain an injunction to

restrain violation of laws, code sections, orders, rules and regulations which

are contained in the Georgia Emergency Management Act or this Article, and

which are implemented by the local governing authority during a declared

emergency.



(g) Enforcement.



Except a otherwise provided in this Article, this ordinance may be

enforced by the Muscogee county sheriff?s Office, the Columbus Police

Department, the Municipal Court Marshal?s Office or the EMA Director.



(h) Authority to Waive Procedures and Fee Structures.



Upon declaration of an emergency or disaster by the Governor or Mayor, the

affairs and business of Columbus/Muscogee County may be conducted at places

other than the regular or usual location, within or outside of

Columbus/Muscogee County, when it is not prudent, expedient or possible to

conduct business at the regular location. When such meetings occur outside of

Columbus/Muscogee County, all actions taken by the Columbus Council shall be as

valid and binding as if performed within Columbus/Muscogee County. Such

meetings may be called by the Mayor or any two members of the Columbus Council

without regard to or compliance with formalities otherwise required by law.



(i) Public Works Contracts.



Upon declaration of an emergency or disaster by the Governor or Mayor, the

Columbus Council may contract for public works without letting such contract

out to the lowest, responsible bidder and without advertising and posting

notification of such contract as required by law; provided, however, that the

emergency must be of such nature that immediate action is required and that the

action is necessary for the protection of the public health, safety and

welfare. Any public works contract entered into pursuant to this subsection

shall be entered on the minutes of the Columbus Council as soon as practical

and the nature of the emergency described therein

in accordance with O.C.G.A. ? 36-9l-22(e).



(j) Purchasing.



Upon declaration of an emergency or disaster by the Governor or Mayor, the

purchasing ordinances, regulations or policies may be suspended.

Columbus/Muscogee County officials shall continue to seek to obtain the best

prices during the state of local emergency.



(k) Code Enforcement.



Upon declaration of a state of emergency or disaster by the Governor or the

Mayor, the Columbus Council may temporarily suspend the enforcement of the

ordinances of Columbus/Muscogee County, or any portion thereof, where the

emergency is of such nature that immediate action outside the Columbus Code or

applicable law is required, such suspension is consistent with the protection

of the public health, safety and welfare, and such suspension is not

inconsistent with any federal or state statutes or regulations.



(l) Fees.



Upon declaration of a state of emergency or disaster by the Governor or the

Mayor, the Columbus Council may temporarily reduce or suspend any permit fees,

application fees or other rate structures as necessary to encourage the

rebuilding of the areas impacted by the disaster or emergency. The term "fees"

include fees or rates charged by Columbus/Muscogee County for building permits,

land disturbance permits, zoning applications, special land use permits,

temporary land use permits and other fees relating to the reconstruction,

repair and clean up of areas impacted by the disaster or emergency. The term

"fees" does not include fees collected by Columbus/Muscogee County on behalf of

the state or federal government or fees charged by Columbus/Muscogee County

pursuant to a state or federal statute or regulation.



(m) Temporary Dwellings.



Upon the declaration of a state of emergency or disaster by the Governor or

Mayor, the Columbus Council or its designees may issue temporary mobile home,

trailer, recreational vehicle or other temporary dwelling structures or parks

in any zoning district, even though not otherwise permitted by Unified

Development Ordinance or other applicable law, while the primary dwelling is

being repaired, provided that such temporary dwellings or parks are designed by

an engineer and the plans are approved by Columbus/Muscogee County Health

Department and the Columbus Inspections and Code Department. The temporary

permit shall not exceed six months in duration. In the case of a continuing

hardship, and in the discretion of the Columbus Council, the permit may be

extended for a period of up to an additional six months. Upon expiration of the

temporary permit and any extension, the temporary dwelling must be removed.



(n) Registration of Building and Repair Services



(1) In accordance with O.C.G.A. ? 38-3-56, before building, constructing,

repairing, renovating or making improvements to any real property, including

dwellings, homes, buildings, structures or fixtures within an area in the

unincorporated area of Columbus/Muscogee County designated in a declared

emergency or disaster, any person, firm, partnership, corporation or other

entity must register with Columbus/Muscogee County Inspections and Code

Department and secure a building permit that is posted at the work site. Each

day any such entity does business in Columbus/Muscogee County without complying

with this ordinance constitutes a separate offense.

The cost of registration fees in a declared emergency or disaster is fixed at

$100.00 per annum. Registration is nontransferable. The cost of the emergency

building permit shall be equal to the cost for a building permit under existing

regulations. The permit shall only be authorized for repairs.

When registering, any person, partnership, corporation or other entity making

application must, under oath, complete an application, providing the following

information:



Name of applicant;

Permanent address and phone number of applicant;

Applicant's Social Security number or federal Employer Identification number;

If applicant is a corporation, the state and date of incorporation;

Tag registration information for each vehicle to be used in the business;

List of cities and/or counties where the applicant has conducted business

within the past 12 months;

Georgia sales tax number or authorization;

Georgia business license number, if required;

Copy of license from the Secretary of State, if required.



(o) Effective Date.



This section shall become effective only upon a declaration of emergency by the

Governor and a local declaration stating this section is in effect. Unless

otherwise specified in the declaration of emergency or otherwise extended by

the Columbus Council, the provisions of this Article shall remain in effect

during the state of emergency and for a subsequent recovery period of three

months.



(p) Closed or Restricted Areas and Curfews During Emergency.



To preserve, protect or sustain the life, health, welfare or safety of persons,

or their property, within a designated area under a declaration of emergency,

it shall be unlawful for any person to travel, loiter, wander or stroll in or

upon the public streets, highways, roads, lanes, parks or other public grounds,

public places, public buildings, places of amusement, eating places, vacant

lots or any other place during a declared emergency between hours specified by

the Mayor until the curfew is lifted.

To promote order, protect lives, minimize the potential for looting and other

crimes, and facilitate recovery operations during an emergency, the Mayor shall

have discretion to impose reentry restrictions on certain areas. The Mayor

shall exercise such discretion in accordance with Columbus/Muscogee County

emergency operations plan, which shall be followed during emergencies.

The provisions of this section shall not apply to persons acting in the

following capacities:



Authorized and essential law enforcement personnel;

Authorized and essential health care providers;

Authorized and essential personnel of Columbus/Muscogee County;

Authorized National Guard or federal military personnel;

Authorized and essential firefighters;

Authorized and essential emergency response personnel;

Authorized and essential personnel or volunteers working with or through

Columbus/Muscogee County Emergency Management Division, Columbus Fire and

Emergency Medical Services (EMA);

Authorized and essential utility repair crews;

Citizens seeking to restore order to their homes or businesses while on their

own property or place of business; or

Other authorized and essential persons as designated on a list compiled by EMA,

the Director of Public Safety and/or the Sheriff of Muscogee County.



(q) Enforceability.



This section shall be enforced by officers of the law enforcement personnel

approved to provide aid and assistance during the emergency. Nothing contained

in this section shall prohibit a law enforcement officer from bringing other

charges under state law.



(r) Effective Date.



This section shall become effective only upon the signing of a declaration of

emergency, stating this section is in effect.



(s) Regulations Continued in Effect.



All ordinances, resolutions, motions and orders pertaining to civil defense,

emergency management and disaster relief that are not in conflict with this

Article are continued in full force and effect. Such ordinances, etc., are on

file in the office of Columbus/Muscogee County Clerk.



SECTION 2.



All ordinances and parts of ordinances in conflict with this ordinance

are hereby repealed.



---------------



Introduced at a regular meeting of the Council of Columbus, Georgia held on the

25th day of October 2011, introduced a second time at a regular meeting of said

Council held on the ______ day of ________, 2011, and adopted at said meeting

by the affirmative vote of ________ members of said Council.





Councilor Allen voting____________.

Councilor Baker voting____________.

Councilor Barnes voting___________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Huff voting_____________.

Councilor McDaniel voting_________.

Councilor Pugh voting_____________.

Councilor Thomas voting___________.

Councilor Woodson voting__________.







______________________________ ____________________________

TINY B. WASHINGTON TERESA PIKE TOMLINSON

CLERK MAYOR



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