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.
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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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