Sections:

The purpose of this chapter is to provide for the safety and welfare of the people and the protection of their property within Carson City in an emergency or disaster situation through organized emergency operations; to provide for the coordination of such operations with appropriate public and private agencies, persons, business associations and organizations; and to provide for the delegation of the disaster assistance responsibilities of the board of supervisors to those city agencies having the resources for providing disaster assistance.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

As used in this chapter unless context otherwise requires:

1.

"Board" means the Carson City board of supervisors.

2.

"Disaster" means an emergency which is so severe or widespread that it is beyond the resources normally available to local government or private relief agencies to alleviate the damage, loss, hardship or suffering caused by natural or human-caused events.

3.

"Emergency" means any human-made or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss of such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

4.

"Emergency management" means planning, preparing and conducting emergency functions necessary to prevent, minimize, respond to and recover from the effects of an emergency or a disaster.

5.

"Emergency management plan" or the "plan" means a plan adopted pursuant to this chapter which contains the city's policies and procedures and provides guidance to the chief executive, policymakers, city personnel and the community when managing emergency operations, the planning process and programs.

6.

"Emergency service worker" means:

a.

A city employee or official, whether full-time, part-time or temporary, or

b.

A person, registered with the city as an emergency worker, who performs services during an emergency, a disaster or during emergency exercises or drills subject to the order or control of, or pursuant to a request of a city official.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

The declaration of an emergency or disaster must be made whenever it is deemed necessary:

1.

By the board, if a quorum is present;

2.

By the city manager, if no quorum of the board is present in Carson City;

3.

By the city manager's designee, if no quorum of the board is present in Carson City and the city manager is not present in Carson City or is unable to act.

A declaration of an emergency or a disaster may be suspended or revoked by the person or body that declared it or by the board in any event.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

1.

The city manager is empowered to execute the emergency operations plan and resources management plan and control the overall accomplishment of the purpose of this chapter at the direction of the mayor who, by charter, shall perform emergency duties necessary for the general health, welfare and safety of Carson City. The emergency management plan must designate who shall perform the city manager's emergency management duties in the absence of the city manager.

2.

The city manager, or designee, may:

a.

Direct other employees in order to implement the plan;

b.

Obtain vital services, supplies and equipment needed to protect life and property through requisition or contract with private parties or other governmental entities and may bind the city for the value thereof without being required to comply with the normal purchasing procedures if compliance with those procedures would unreasonably hamper or impair the implementation of the plan; or

c.

Suspend the licensing requirements for persons whose services are required for implementation of the emergency plans.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

1.

There is hereby created the position of emergency management coordinator hereinafter called the "coordinator." The coordinator is appointed by the city manager.

2.

The coordinator shall:

a.

Establish an organization for emergency management, utilizing for this purpose city, public and private resources;

b.

Coordinate the implementation of the emergency management plan and establishment of an emergency operations center from which centralized direction and control of the emergency operations may be exercised;

c.

Plan, organize and conduct emergency and disaster training and exercises;

d.

Prepare and present to the board for approval, the emergency management plan and a resources management plan for the city in support of and in cooperation with federal and state emergency plans and guidance. The coordinator shall bring the emergency management plan and the resource management plan to the board annually for review and amendment; and

e.

Assist with negotiations and recommendations to the board for adoption of such mutual aid agreements with adjoining counties as are determined essential to any part of emergency management and emergency operations.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

1.

All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions. Pursuant to NRS 414.110, the city is not liable for the death or injury to persons or for property damage as a result of any emergency services worker complying with or reasonably attempting to comply with this chapter, or any order or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to black out or other precautionary measures enacted by the city, except in cases of wilful misconduct, gross negligence or bad faith. The provisions of this section do not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the provisions of Chapter 616 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

2.

Any requirement for a license to practice any professional, mechanical or other skill does not apply to any authorized emergency services worker who, in the course of performing his or her duties as such, practices that professional, mechanical or other skill during an emergency.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

If an emergency or disaster has been declared and the city manager deems it necessary to maintain peace and protect the public, he or she may, with the sheriff's consent:

1.

Establish a curfew for the area designated as an emergency area which fixes the hours during which persons other than officially authorized personnel may be upon the public streets or other public places;

2.

Prohibit or limit the number of persons who may gather or congregate upon any public street within the emergency area;

3.

Prohibit or ration the sale, distribution or giving away of petroleum products or fuel;

4.

Protect and monitor the stores which handle essential items such as food, medicines and essential supplies; or

5.

Temporarily suspend codes and ordinances in the interest of health, safety and welfare.

Nothing in this section limits the powers or authority of the sheriff established by charter, state law or the Nevada Constitution.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

During an emergency or disaster the city manager may direct the removal of structures, debris and other hazards which threaten the public health or safety. Upon the failure of a person to comply with an order, the city may take action to remove the hazards and the property owner is liable for the costs incurred.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

Each department or agency of city government shall protect, store in alternate locations, and back up vital records.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).

1.

It is unlawful for any person during a disaster emergency:

a.

To wilfully obstruct, hinder or delay any emergency services worker engaged in emergency management during an emergency or disaster;

b.

To do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of Carson City or to prevent, hinder or delay the protection thereof;

c.

To wear, carry or display, without authority, any means of identification specified by Nevada Division of Emergency Management or Carson City emergency management.

2.

The violation of any provision of this chapter is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment of not more than six (6) months, or both.

(Ord. 1993-19 §§ 3 (part), 4 (part), 1993).