§ 12-1. Emergency powers and duties of mayor.

(a)

Powers of mayor. The mayor may exercise the emergency power and authority as specified in this section. Whenever a situation requires or is likely to require that the mayor invoke such power and authority, he shall forthwith convene the city council to perform its legislative and administrative powers as the situation demands, and he shall immediately report to that body relative to civil defense activities. Nothing in this chapter shall be construed as power or authority to abridge or lessen the legislative and administrative powers of the city council unless such is specifically granted herein.

(1)

Citizens civil defense forces. Under the following circumstances, the mayor may assemble and utilize the civil defense forces and he may prescribe the manner and condition of their use:

a.

Whenever, on the basis of information received from authoritative sources, he feels that attack on the city is impending or imminent;

b.

During any period of attack on the city and thereafter so long as he shall deem it necessary.

(2)

During periods of attack or eminent attack.

a.

During any period when attack on the city is imminent or when the city has been subjected to attack, the mayor may promulgate such reasonable regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following:

1.

Regulations prohibiting or restricting the movement of vehicles in order to facilitate the mass movement of persons from critical areas of the city.

2.

Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to attack.

3.

Regulations designed to lessen the hazards to property and citizens from attack.

b.

The mayor shall report these regulations to the city council and it shall by resolution adopt, amend or revoke such regulations.

(3)

Aid to other communities. The mayor shall order emergency management forces to the aid of other communities when required in accordance with the statutes of the state and in accordance with the county emergency operations plan; and he may request the state, or political subdivisions of the state, to send aid to the city in case of natural disaster or in case of disaster resulting from attack when conditions in the city are beyond the control of the local emergency management forces.

(4)

Waiver of procedures and formalities as necessary. When obtaining formal approvals would result in delay of attack-relief activity, the mayor may, until the city council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities, and the expenditure of existing funds, the city council is also empowered to waive any procedures and formalities.

(5)

Natural disasters. Whenever the mayor finds that any condition in the city has attained or threatens to attain the proportions of a natural disaster, he may assemble and utilize emergency management forces and he may prescribe the manner and conditions of their use. He may, when he deems it in the public interest, send civil defense forces of the city to the aid of other communities stricken by natural disaster when such disaster is affecting the health, welfare or security of the stricken community; provided that after the city council convenes, the further continuance of any such natural disaster relief and the period thereof shall be subject to the action of the city council.

(b)

Mayor's prerogative permit city director to direct emergency management forces. The mayor may make regulations permitting the city director to assemble and utilize the emergency management forces and request disaster relief aid as prescribed in subsections (a)(1), (a)(3) and (a)(5) of this section; and he may make regulations permitting the conduct of practice air raid alerts or tests of the emergency management organization. Such regulations shall be filed with the city council and shall be binding upon the emergency management forces when they have been approved by resolution of the city council.

(Code 1969, § 1.125; Code 1977, § 8-5)