Article 4. Emergency Management

1-401.        Interjurisdictional disaster assistance.

(a)   Disaster defined. The term “disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including but not limited to, fire, flood, earthquake, wind, storm, epidemics, air contamination, blight, drought, infestation, explosion or riot.

(b)   Policy. It is the policy of the city that city public service agencies may provide assistance to other municipalities and public safety agencies located in other municipalities located within or without the state.

(c)   Procedure. During times of disaster and upon request from another municipality or public safety agency, the city fire chief shall determine whether his department is capable of responding to the request without jeopardizing the department’s primary responsibilities to the city and townships. Upon determination by the fire chief that the city fire department is capable of providing disaster assistance, the chief shall notify the city administrator of the request and the ability of the city fire department to respond. Authorization to respond must be obtained from the city administrator or, in the absence of the city administrator, from the mayor.

(d)   Construction to be consistent with disaster plans. Nothing in this section shall be considered inconsistent with any applicable local or interjurisdictional disaster plan adopted pursuant to K.S.A. 48-901 et seq.

1-402.        Mob action or civil disobedience response.

(a)   The following proclamation shall be imposed in the event of mob action or civil disobedience existing in the city:

(1)   Whenever, in the judgment of the mayor (or in the event of his inability to act, the president of the city council or the next person of the council in charge), it is determined that an emergency exists as a result of a mob action or other civil disobedience causing danger of injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:

(A)  Impose a curfew upon all or any portion of the city requiring all persons in such designated curfew area to remove themselves from the public streets, alleys, parks or other public places; provided, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;

(B)  Order the closing of any business establishment anywhere within the city for the period of the emergency, such businesses to include, but not be limited to, those selling cereal malt beverage, gasoline or firearms;

(C)  Designate any public street, thoroughfare, or vehicle parking area closed to motor vehicles and pedestrian traffic;

(D)  Call upon regular and auxiliary law enforcement agencies and organizations within or outside the city to assist in preserving and keeping the peace within the city.

(2)   The proclamation of emergency shall become effective upon its issuance and dissemination to the public by posting in three public places within the city.

(3)   Any emergency proclaimed in accordance with the provisions of this section shall terminate after 48 hours from issuance or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the city council.

(b)   Violation of this section is a Class C misdemeanor.

1-403.        Emergency management coordinator.

The city has created the office of emergency management coordinator for the city. Such officer shall be appointed by the mayor with the consent of the city council. The duties of the emergency management coordinator shall be as follows:

(a)   To represent the city in all matters pertaining to emergency management;

(b)   To develop a city emergency management plan in conjunction with the county emergency management agency that includes a plan for the effective mobilization of all the resources in the city and county, both private and public;

(c)   To obtain and utilize cooperation of all governmental officials in the preparation and implementation of emergency management plans;

(d)   During periods of emergency, to coordinate the services of all emergency management groups;

(e)   During periods of emergency, to arrange for the procurement of vital supplies and equipment needed for the protection of the life, liberty and property of the people of the city.

1-404.        Emergency management corps.

(a)   All officers and employees of the city, with volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who agree to being so designated shall constitute the emergency management corps for the city during an emergency; provided, that preexisting units such as the police department, fire department and ambulance department shall be subject to command by their existing commanders and the emergency management coordinator shall have coordinating authority only.

(b)   There may be as many subdivisions and positions organized within the emergency management corps as may be found necessary by the coordinator, and such officers may be appointed to positions in the emergency management organization as may be deemed necessary by the coordinator; provided, that all such appointments shall be made by the mayor, subject to approval of the city council.