ORD1993778AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #770
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 6
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Emergency Government, formerly Civil Defense)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 6 of the Municipal Code of the City of
Muskego, Wisconsin, entitled "Emergency Government" formerly
entitled "Civil Defense" is hereby repealed and recreated to read
as follows:
6.01 POLICY AND PURPOSE.
administration of all necessary functions, other than functions for
(1) Emergency Government is the preparation for and the
which the military forces are primarily responsible, to minimize
and repair injury and damage resulting from disaster caused by
enemy attack, sabotage, or other hostile action, or by fire, flood
or other natural causes that normal government can not administer.
(2) Emergency Government once initiated shall be responsible
for the :
(a) Continued functions of normal government;
(b) Minimize the effect of the emergency upon the
citizens of the community;
(c) Commence emergency repairs to enable restoration of
vital public utilities and facilities;
Emergency Government; State Division of Emergency
(d) Coordinate the response with the County Office of
Government; and the Federal Emergency Management Agency.
the Governor under provisions of Wisconsin Statute Chapter
(e) Request a declaration of a "State of Emergency" from
166.
6.02 DIRECTOR OF EMERGENCY GOVERNMENT:
(1) Appointment.
(a) The Emergency Government Director shall be appointed
by the Mayor subject to confirmation by the Common Council
Common Council. He shall take and file an official oath.
and shall receive such salary as may be authorized by the
(b) Deputy and Assistant Directors may be appointed by
the Director, subject to the approval of the Mayor and the
Common Council as may be deemed necessary, and such
determined by the Common Council.
appointees shall receive such compensation as may be
(a) The Director shall be the Executive head of the
Emergency Government and shall have direct responsibility
for the organization, administration and operation of the
Emergency Government subject to the direction and control
of the Mayor and the Common Council.
(a) Develop emergency plans consistent with the City's
needs and County, State and Federal plans.
(b) Direct local training and exercising programs.
(c) Cooperate and coordinate with the County Director of
(d) Prepare and submit any requests and documentations
6.03 UTILIZATION OF EXISTING SERVICES AND FACILITIES. In
preparing and executing an emergency government plan, the Director
shall utilize the services, equipment, supplies and facilities of
the existing departments and agencies of the City to the maximum
extent practicable; and the officers and personnel of all such
departments and agencies are directed to cooperate with and extend
such services and facilities to the Director.
(2) Authority of the Director.
(3) Duties of the Director.
Emergency Management.
necessary for Emergency Government operations.
6.04 EMERGENCY REGULATIONS.
emergency for which adequate regulations have not been adopted by
Whenever necessary to meet an
the Common Council, the Mayor, or in his absence the Director of
Emergency Government, may by proclamation promulagate and enforce
such orders, rules and regulations relating to the conduct of
persons and the use of property as shall be necessary to protect
the public peace, health and safety, and preserve lives and
property and to insure the cooperation necessary in emergency
government activities. Such proclamations shall be posted in 3
public places and may be rescinded by the Common Council by
resolution at any time.
6.05 MUTUAL AID AGREEMENTS. The Director Of Emergency Government
may, subject to the approval of the Common Council, enter into
mutual aid agreements with other political subdivisions. Copies of
such agreements shall be filed with the County Director of
Emergency Management.
6.06 DECLARATION OF EMERGENCIES. A Declaration Of an Emergency
may be made by the Governor, by the Mayor or the Director of
Council.
Emergency Government in the absence of the Mayor, or by the Common
The Director of Emergency Government shall issue all
necessary proclamations as to the existence of such state of
emergency and shall issue such disaster warnings or alerts as
shall be required in the emergency government plan.
Such state of emergency shall continue until terminated by the
issuing authority, provided that any such declaration not issued by
the Governor may be terminated at the discretion of the Common
Council.
delay any member of the Emergency Government organization in the
6.07 VIOLATIONS. No person shall willfully obstruct, hinder or
enforcement of any order, rule, regulation, or plan issued pursuant
to this chapter or do any act forbidden by any order, rule,
regulation, or plan issued pursuant to the authority contained in
this chapter.
chapter or any order, rule or regulation made hereunder shall be
6.08 PENALTY. Any person who shall violate any provision of this
subject to a penalty as provided in sec. 25.04 of this Municipal
code.
J
Ordinance #770
to be severable. If any section or portion thereof shall be
SECTION 2: The several sections of this ordinance are declared
declared by a decision of a court of competent jurisdiction to be
only to the specific section or portion thereof directly
invalid, unlawful, or unenforceable, such decision shall apply
specified in the decision, and not affect the validity of all
other provisions, sections, or portion thereof of the ordinance
which shall remain in full force and effect. Any other ordinance
whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 12TH DAY OF JANUARY , 1993.
First Reading 12/22/92
LJ ATTEST:
12792 jmb
Published on the 21st day
of January, 1993.
J
CITY OF MUSKEc;o -Official Notice
COMMON COUNCIL
AMENDED
ORnlNANCR W77U
AN ORDINANCE TO REPEAL AND RE- CREATE CHAPTER 6 OF THE mCI-
PAL CODE OF THE CITY OF MUSKEGO
- " -. . - . - - .. . . .
"._.. "_, THE COMMON COUNCIL OF THE CITY
OF MUSKEGO. WISCONSIN, DO ORDAIN
. SECTION 1: Chapter 6 of the Municipal
AS FOUOWS:
"Code of the Citv of MuskeEo. Wisconsin. en-
titied "Emergency Govern&& formerly en-
titled "Civil Defense" is hereby repealed and
recreated to read as follows:
6.01 POLICY AND PURPOSE.
tion for and the administration of all neces- (1) Emergency Government is the prepara-
saryfunctions, otherthan functions forwhich
the military forces are primarily respcnsible ,
to minimize and repair injury and damage re-
sulting from disaster caused by enemy at-
tack, sabotage, or other hostile action, or.by
fire, flood or other natural causes that normal
government can not administer.
(2) Emergency Government once initiated
shall be responsible for the:
(a) Continued functions of normal
government;
(b) Minimize the effect of the emergency
upon the citizen8 of the community;
restoration of vital public utilities and
(c) Commence emergency repaira to enable
facilities;
County Office of Emergency Government:
(d) Coordinate the response with the
State Division of Emergency Government:
and the Federal Emergency Management
Agency. (e) Request a declaration of a 'State of
Emereend from the Governor under ~rovi-
'6.02 DIRECTOR OF EMERGENCY sions of Wkonsin Statute Chapter 166.
GOVERNMENT:
(1) Appointment.
(a) The Emergency Government Director
shall be appointed by the Mayor eubject to
confirmation by the Common Council and
shall receive such salary an may be author-
ized by the Common Counc& He shall take
and file an official oatli.
(b) Deputy and Assistarit'Directors may be
appointed by the'Director, subject to the ap-
proval of the Mayor and the Common Council
as may be deemed necessary, and such ap
pintees shall receive such compensation as
may be determined by the Common Council.
. (a) The Director shall be the Executive
head of the Emergency Government and
shallhavedirectresponsibilityfortheorgani-
zation, administration and operation of the
Emergency Government mbject to .the direc;
tion and control of the vayor and the COUP
mon Council. -
(2) Authority of the Director
(3) Duties of the DGe&r.
(a) Develop emergency plans consistent
with the City's needs and County, State and
Federal plans.
prograIIlS.
(b) Direct local training and exercising
(e) Cooperate and coordinate with the
County Director of Emergency Management.
.L (dl Prepare and submit any requesta and
documentations necessary. for Emergency
Government operations.
6.03 UTILIZATION OF EXISTING SER-
VICES AND FACILITIES. In Dremrina and
executing an emergency govininentidan,
the Director shall utilize the services. equip
ment. supplies and facilities of the existing
departments and agencies of the City to the
maximum extent practicable; ed the officers
and personnel of all such departmenta and
agencies are directed to cooperate with and
elrtsnd such services and facilities to the
Director. J
6.04 EMERGENCY REGULATIONS.
Whenever necessary to meet an emergency
:for which adequateregulations have not been
or in his absence the Director of Emergency
adopted by the Common Council, the Mayor,
Government, may by proclamation promula-
gate and enforce such orders. rules and reg-
ulations relating to the conduct of persons
and theuse ofproperty an shall be necessary
and preserve lives and property and to insure to protect the public peace, health and safety,
the cooperation necessary in emergency gov-
ernment activities. Such proclamations shall
be posted in 3 public places and may be re-
scinded'by the Common Council by resolution
6.05 MUTUAL. AID AGREEMENTS. The Di- at any time.
rector of Emergency Government may, sub-
enter into mutual aid agreementa with other
politid aubdivisions. Copies of such wee-
menta shall be filed with the County Director
of Emergency Management.
6.06 DECL4RATION OF EMERGENCIES. A Declaration Of an Emergency may be made
by the Governor, by the Mayor or the Director
of Emergency Government in the absence of
the Mayor, or by the Common Council. The
Director of Emergency Government shall
issue all necessary proclamations as to the
existenceofsuchstateofemergencyandshall
isriue such disaster warnings or alerts 88
shall be required in the emergency govern-
ment plan. Such state of emergency shall continue un-
til terminated by the issuing authority. pro-
vided that any such declaration not issued by
theGovernar may be terminated at the din-
&tion of the Common Council.
6.07 VIOLATIONS. No person shall will-
fully obstruct, hinder or delay any member of
the, Emergency Government organization in
the enforcement of any order, rule, regula-
tion, or plan issued pursuant to this chapter
ordoanyactforbiddenbyanyorder,rule,reg-
dation, or plan issued pursuant to the au-
thority contained in this chapter.
6.08 PENALTY. Any person who shall vi*
late any provision of this chapter or any or-
der, rule or regulation made hereunder shall
be subject to a penalty a8 provided in see.
26.04 of this Municipal code.
ordinance are declared to be severable. If any SECTION 2 The several sections of this
section or portion thereof shall be declared by
a decision ofa court ofcompetentjurisdiction
to be invalid, unlawful, or unenforceable,
such decision shall apply only to the specific
section or portion thereof directly specified in
the decision, and not affect the validity of all
other provisions, sections, or portion thereof
of the ordinance which shall remain in full
force and effect. Any other ordinance whose
terms are in did with the provisions of
this ordinance are hereby repealed an tothose
terms that conflict. SECTION 3. This ordinance shall be in full
fame and effect From and after its passage and ~.~ ~ ~ ~
publication.
DAY OF JANUARY, 1993.
PASSED AND APPROVED THIS 12TH
Wayne G. Salentine, Mayor First Reading 12/22/92
AlTEST
~~
City Clerk Published on the 21st day
of January, 1993.
12/92jmb