HomeMy WebLinkAboutORDINANCE NO 16 05 276STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 16-05-276
AN ORDINANCE TO AMEND CHAPTER 18 -EMERGENCY MANAGEMENT SERVICES OF THE
MILTON CITY CODE TO ALIGN WITH THE CURRENT MUNICIPAL STRUCTURE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 16, 2016 at 6:00 p.m. as follows:
SECTION 1. That the City of Milton seeks to provide efficient and professional
emergency management and public safety services to its citizens; and
SECTION 2. That, in order to provide those services, organizational structure of
the departments providing those services will change to reflect current needs of the
City and its citizens, and that the City has changed the composition of public safety
services in Milton, and this change impacts the Emergency Management program; and
SECTION 3. That this ordinance recognizes those changes and incorporates
them into the City Code; and
SECTION 4. That all ordinances or part of ordinances in conflict with the terms
of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this l 61h day of May, 2016.
Approved:
Pa ge 1
Chapter 18 -EMERGENCY MANAGEMENT SERVICESW
Footnotes:
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State Law reference-Municipal home rule, Ga. Const. art. IX,§ 11, O.C.G.A. § 36-35-1 et seq.; Georgia
Emergency Management Act of 1975, O.C.G.A. § 38-3-1 et seq.; local organizations for emergency
management, O.C.G.A. § 38-3-27; authority to promulgate local rules and regulations, O.C.G.A. § 38-3-
28; mutual aid, O.C.G.A. § 36-69-1 et seq.; dispatch centers to have trained communications officers on
staff, O.C.G.A. § 36-60-19; war on terrorism local assistance, O.C.G.A. § 36-75-1 et seq .
ARTICLE I. -IN GENERAL
Secs. 18-1-18-19. -Reserved.
ARTICLE II. -EMERGENCY MANAGEMENT AGENCY
Sec. 18-20. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section , except where the context clearly indicates a different meaning:
Emergency.
(1) The term "emergency" means the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within the city caused by such conditions as
air pollution, disease, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including
conditions resulting from war or the imminent threat of war.
(2) The term "emergency" does not include conditions resulting from a labor controversy, which
conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
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Emergency management means the preparation for the carrying out of all emergency functions other
than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and
damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of
manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism,
civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination
requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought,
infestation, explosion, riot or other hostile action, radiological action, or other causes. These emergency
services include, without limitation, firefighting services; police services; emergency medical services;
rescue; engineering; warning services; communications; defense from radiological, chemical, biological,
and other special weapons to include weapons of mass destruction; evacuation of persons from stricken
areas; emergency welfare services; consequence management functions to include victim services;
emergency transportation; plant protection; temporary restoration of public utility services; and other
functions related to civilian protection, together with all other activities necessary or incidental to the
preparation for and carrying out of the foregoing functions.
(Ord. No. 06-11-60, § 1 (ch. 15 , art. 2, § 2), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15 , art. 2, §
2), 3-17-2008; Ord. No. 08-06-08, §!(ch. 15 , art. 2, § 2), 6-2-2008; Ord. No. 08-08-19, §!(ch.
15, art. 3, § 2), 8-18-2008)
State Law reference-Similar provisions, O.C.G.A . § 38-3-3.
Sec. 18-21. -Purpose.
The purposes of this article are to:
(1) Reduce the vulnerability of people and the community to damage, injury and loss of life and
property resulting from:
a. Natural or manmade catastrophes;
b. Riots; or
c. Hostile military or paramilitary action.
(2) Prepare for the prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster.
(3) Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of
persons and property affected by disasters.
(4) Clarify and strengthen the roles of the mayor, city council, city administrator and city departments
in prevention of, preparation for, response to and recovery from disasters.
(5) Authorize and provide for the cooperation of activities relating to disaster:
a. Prevention;
b. Preparedness; and
c. Response and recovery.
(6) Authorize and provide for the coordination of activities relating to disaster prevention,
preparedness, response and recovery by departments and officers of the city, agencies of the
private sector and similar activities in which the federal government, the state and its political
subdivisions may participate.
(7) Provide a disaster management system embodying all aspects of predisaster preparedness and
post-disaster response.
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(Ord. No. 06-11-60, § 1 (ch. 15 , art. 2, § 1 ), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 2, §
1 ), 3-17-2008; Ord. No. 08-06-08, § I (ch. 15, art. 2, § 1 ), 6-2-2008; Ord. No. 08-08-19, § I (ch.
15, art. 3, § l ), 8-18-2008)
State Law reference-Authority for establi shment of local emergency management
organization, O.C.G.A. § 38-3-27.
Sec. 18-22. -Repealed.
(Ord. No. 08-08-19, § I (ch. 15 , art. 2), 8-18-2008)
Sec. 18-23 Appointment of Emergency Manager
(a) The City Manager shall appoint an individual to serve as the director of emergency management for
the city. The duties of the director shall be as follows:
(1) To represent the city on all matters pertaining to emergency management;
(2) To coordinate the development of community-wide emergency preparedness;
(3) To develop an emergency and disaster operations plan for the effective mobilization of all city
resources, both private and public;
(4) To prepare and recommend for approval by the city council mutual aid programs and agreements
between other local governments and the city;
(5) To prepare and effectuate legal action for the continuity of government in the event of an
emergency;
(6) To coordinate and advise government departments in the development and implementation of
the emergency and disaster operations plan and other required agencies or groups;
(7) During periods of emergency, to obtain vital supplies and equipment lacking, needed for the
protection of life and property of people and bind the city for the value thereof and if required
immediately, requisition same; and
(8) To procure federal and state assistance through emergency management channels and through
federal assistance programs in such areas as :
a. Law enforcement;
b. Highway safety;
c. Ambulance procurement; or
d. Emergency medical services and others.
(b) In addition to the above duties listed in subsections (a)(1) through (8) of this section, the director of
emergency management shall be responsible during an emergency to :
(1) Advise the city manager in operational situations, public information and privileged information
implementation of the emergency plan;
(2) Direct and coordinate the activities of the emergency operation center staff; and
(3) Assist the mayor in ensuring the execution of the operations plans and procedures required by
the emergency.
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(Ord. No. 06-11-60, § I (ch. 15 , art. 2, § 3), 11-21-2006; Ord. No. 08-03-05, § 1 (ch. 15, art. 2, §
3), 3-17-2008; Ord. No. 08-06-08, § l(ch. 15 , art. 2, § 3), 6-2-2008; Ord. No. 08-08-19, § l(ch.
15, art. 3, § 3), 8-18-2008)
State Law reference-Local director required for state financial assistance, 0.C.G.A. § 38-3-
27; authority for nomination of local director of emergency management, O.C.G.A. § 38-3-27.
Sec. 18-24. -Disaster plan.
(a) The director shall prepare a comprehensive disaster basic plan which shall be adopted and maintained
by city council resolution upon the recommendations of the director. Incorporated into such plan and
expressly made a part thereof shall be a crisis communications plan.
(b) In the preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent.
(c) The disaster plan shall be considered supplementary to this article and have the effect of law whenever
emergencies have been proclaimed.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2, §
4), 3-17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 2, § 4), 6-2-2008; Ord. No. 08-08-19, § 1 (ch.
15, art. 3, § 4), 8-18-2008)
Sec. 18-25. -State of emergency; special powers.
In the event of a manmade or natural disaster, mass electrical failure, rioting, actual enemy attack
upon the United States or any other emergency which may affect the lives and property, the mayor may
declare that a state of emergency exists by written proclamation setting out the circumstances of the
emergency and thereafter the mayor, or in his or her absence the mayor pro tern or city manager, shall
have and may exercise for any period as this state of emergency exists, or continues, the following
emergency powers:
(1) To enforce all rules, laws and regulations relating to emergency management and to assume
direct operational control over all emergency management resources;
(2) To seize, take for temporary use, or condemn any property for the protection of the public;
(3) To sell, lend , give or distribute all or any property or supplies among the inhabitants of the city; to
maintain a strict accounting of property or supplies distributed and for funds received for the
property or supplies;
(4) To declare a limited or general curfew as may be needed to restore public order;
(5) To order the closing of any business;
(6) To close to public access any public building , street or other public place;
(7) To prohibit or regulate the possession, sale or use of explosives, gasoline or other flammable
liquids, or dangerous weapons of any kind, excluding firearms or components of firearms; and
(8) To perform and exercise any other functions and duties and take any emergency actions as may
be necessary to promote and secure the safety, protection and well-being of the inhabitants of
the city.
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(Ord. No. 06-11-60, § 1 (c h. 15, art. 2, § 5), 11-2 1-2006; Ord. No. 08-03-05 , § 1 (ch. 15, art. 2, §
5), 3-17-2008; Ord. No. 08-06-08, § l (ch . 15, art. 2, § 5), 6-2-2008; Ord. No. 08-08-1 9, § l (ch.
15, art. 3, § 5), 8-18-2008)
State Law reference-Rules, etc., authorized, O.C.G.A. § 38-3-28; powers of local governing
bodies during state of emergency or disaster, O.C.G.A. § 38-3-54.
Sec. 18-26. -Mutual aid.
(a) Providing. In periods of local emergency, the city is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or agreements
therefor.
(b) Requesting. The city may request from state agencies mutual aid , including personnel, equipment and
other available resources, to assist the city during the local emergency plans or at the directions of the
governor.
(Ord. No. 06-1 1-60, § l (ch. 15, art. 2, § 6), 11 -2 1-2006; Ord . No. 08-03-05, § 1(ch. 15, art. 2, §
6), 3-17-2008; Ord. No. 08-06-08, § 1 (ch. 15, art. 2, § 6), 6-2-2008; Ord. No. 08-08-19, § 1 (ch.
15, art. 3, § 6), 8-18-2008)
Sec. 18-27. -Disclaimer against civil liability.
(a) The city shall not be liable for any claim based upon the exercise or performance, or the failure to
exercise or perform, a discretionary function or duty on the part of the city or any employee of the city,
excepting willful misconduct, gross negligence or bad faith of any such employee, in carrying out
emergency services as defined in the term "emergency management" in section 18-20.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability
workers' compensation and other benefits which apply to the activity of officers, agents or employees
of the city when performing their respective functions within the territorial city limits shall apply to them
to the same degree and extent while engaged in the performance of any of their functions and duties
extraterritorially under the provisions of this chapter, excepting willful misconduct, gross negligence,
or bad faith.
(c) Volunteers duly enrolled or registered with the city in a local emergency, a state of emergency or a
war emergency, or unregistered persons placed into service during a state of war emergency, in
carrying out, complying with, or attempting to comply with any order or regulation issued pu rsuant to
the provisions of this article, or performing any of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the same degree of responsibility for
their actions and enjoy the same immunities as officers and employees of the city performing similar
work.
(Ord. No. 06-11-60, § 1 (ch. 15 , art. 2, § 7), 11-21-2006; Ord. No. 08-03-05, § I (ch. 15, art. 2, §
7), 3-17-2008 ; Ord. No. 08-06-08, §!(c h. 15, art. 2, § 7), 6-2-2008; Ord . No. 08-08-1 9, § l(ch.
15, art. 3, § 7), 8-18-2008)
Sec. 18-28. -Adoption of National Incident Management System .
It is the city's policy to adopt the National Incident Management System as promulgated by the Federal
Emergency Management Agency under the auspices of the Department of Homeland Security. It is the
city's policy to use the National Incident Management System to organize all emergency management
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activities and to encourage its use by community partners though training and mutual aid exercises that
employ this system.
(Ord. No. 08-08-1 9, § l (ch. 15, art. 3, § 8), 8-18-2008)
Secs. 18-29-18-47. -Reserved.
ARTICLE Ill. -911 EMERGENCY TELEPHONE SERVICE
Sec. 18-48. -Monthly charge imposed.
The mayor and city council do hereby resolve and reaffirm the necessity for the monthly 911 charge
of $1 .50 per telephone line and $1 .50 per wireless subscriber, for the months of October 2007 through
September 2008, imposed to establish and maintain an emergency 911 fund.
(Ord. No. 07-09-43, 9-20-2007)
Sec. 18-49. -Prepa id wireless 911 charge.
The mayor and council of the City of Milton, Georgia does hereby levy and impose a prepaid wireless
911 charge in the amount of $0.75 per retail transaction as authorized by O.C.G.A. § 46-5-134.2(b)and U).
Such charge shall be collected by sellers, as defined in O.C.G.A. § 46-5-134.2(a)(8), and remitted to the
state revenue commissioner in conformance with O.C.G.A. § 46-5-134.2. Funds received by the city from
charges imposed by th is resolution [section] shall be deposited in the emergency telephone system fund
maintained by the city pursuant to 0 .C.G.A. § 46-5-134 and kept separate from general revenue of the city,
all such funds to be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134(e) and (f).
The city clerk is hereby directed to file with the state revenue commissioner a certified copy of this
resolution [section], in accordance with O.C.G.A. § 46-5-134.20)(1), within ten days of enactment of this
resolution [section]. This resolution [section] shall become effective on January 1, 2012.
(Ord. No. 11-12-119, § 3(Exh. A), 12-5-2011 )
Secs. 18-50-18-67. -Reserved.
ARTICLE IV. -MONITORED ALARM SYSTEMSl£l
Footnotes:
---(2) ---
State Law reference-Similar provision , O.C.G.A. § 16-10-26 et seq.
DIVISION 1. -GENERALLY
Sec. 18-68. -Definitions.
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The following words, terms, and phrases, when used in this article, shall have the meanings ascribed
to them in this section , except where the context clearly indicates a different meaning:
False alarm means the activation of a signal from a monitored alarm system which elicits a response
from the police and/or fire department when there is in fact no emergency or actual or threatened criminal
activity necessitating such a response. The term "false alarm" includes, without being limited to , any
monitored alarm system signal activated as a result of weather, negligence, accident, mechanical failure,
electrical failure, electrical surge, signals activated intentionally in nonemergency situations, and signals
activated where the actual cause of such activation is unknown. There is a rebuttable presumption that an
activated monitored alarm system signal is a false alarm if the responding personnel, after following normal
procedures in their response and investigation, find no evidence of unauthorized entry, criminal activity or
other emergency. An activated alarm system signal shall not be considered a false alarm if:
( 1) The police or fire department is notified to cancel its response by the alarm user or the alarm
user's monitoring agent prior to the time emergency personnel arrive at the premises;
(2) The monitored system signal was intentionally activated by an individual based upon a
reasonable belief that an emergency or actual or threatened criminal activity requiring immediate
response existed;
(3) The monitored system signal was activated by lightening lightning or other act of nature resulting
in an electrical surge which causes physical damage to the alarm system and which damage is
evidenced by the written report of a licensed alarm system contractor who conducted an
inspection of the system at the premises and personally observed such physical damage.
Monitored alarm system.
(1) The term "monitored alarm system" means any assembly of equipment or device, whether
mechanical or electrical, arranged or designed to signal by any means the occurrence of an illegal
entry into the premises or any other activity requiring urgent police attention or any assembly of
equipment or device, whether mechanical or electrical, arranged or designed to signal by any
means the occurrence of a fire at the premises and to which the police and/or fire department
may reasonably be expected to respond.
(2) The term "monitored alarm system" does not include:
a. Alarm systems installed exclusively for the purpose of signaling an ongoing robbery, fire or
medical emergency;
b. Any alarm system installed in a motor vehicle .
Monitored alarm user means the person or other entity which owns, leases, rents, manages,
possesses, or has primary control over the premises in which a monitored alarm system is installed or
maintained.
Premises means the building or structure, or any portion of a building or structure, in which there is
installed or maintained a monitored alarm system.
(Ord. No. 06-11-16, § !(ch. 12, art. 2, § 1), 11-21-2006; Ord. No. 07-04-23 , § !(ch. 12, art. 2, §
1 ), 4-19-2007)
Sec. 18-69. -Penalty.
Upon conviction, violations of this article shall be punished as follows:
(1) For the second and each subsequent false alarm that occurs at the same premises within any
12-month period, a fine shall be assessed in the amount of $150.00 ; provided, however, that no
monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at
the same premises in any 24-hour period.
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(2) For all other violations of this article, not including false alarms, a fine shall be assessed in the
amount of $100.00 and, in addition thereto, the violator may be enjoined by the municipal court
judge from continuing the violation.
(3) Each violation shall constitute a separate offense.
(4) False alarms shall not be counted for purposes of assessing the penalties provided for in
subsection (1 )(a) of this section so long as such false alarms occurred within ten days following
the installation of the monitored alarm system.
(Ord. No. 06-11-16, § l(ch. 12, art. 2, § 7), 11-2 1-2006; Ord. No. 07-04-23, § l(ch. 12, art. 2, §
7), 4-19-2007)
Sec. 18-70. -Purpose and intent.
Based on the experiences of surrounding municipalities and communities and their law enforcement
officers, the council finds that emergency response to false alarms creates additional risks to public safety
by diverting limited public safety resources away from both real emergencies and normal patrol activities
intended and designed to prevent criminal acts. Therefore, the purpose of th is article is to promote public
safety by making monitored alarm users in the city directly responsible for preventing false alarms.
(Ord. No. 06-1 1-16, § l(ch. 12, art. 2, § 2), 11 -2 1-2006; Ord. No. 07-04-23, § l(ch. 12, art. 2, §
2), 4-1 9-2007)
Secs . 18-71-18-89 . -Reserved.
DIVISION 2. -REGULATIONS
Sec. 18-90. -Registration .
(a) Required; contents. No later than five business days following the installation of any monitored alarm
system, the alarm user or monitoring company shall provide the following information to the city
treasurer's office using the prescribed registration form :
(1) The complete name, address, and phone number of the alarm user;
(2) The names of all persons authorized to enter the premises and deactivate the alarm system signal
as well as all phone numbers at which such persons can be reached;
(3) The name and telephone number of the alarm user's monitoring agent, if any;
(4) If known , the name and telephone number of the person or entity which installed the alarm
system; and
(5) An alarm registration fee set by resolution of the city council.
(b) Information changes to be reported. Any changes in the information set forth in subsection (a) of this
section must be reported to the city treasurer's office within five business days. Monitored alarm users
utilizing alarm systems installed prior to the effective date of the ord inance from which this article is
derived shall provide the information set forth in subsection (a) of this section to the city treasurer's
office no later than 60 days following such effective date.
(c) Grandfather clause. All alarm systems installed before incorporation of the city shall be registered with
the city treasurer's office within six months after the effective date of the ordinance from which this
article is derived.
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(Ord. No. 06-11-16, § l(ch. 12, art. 2, § 3), 11-21-2006; Ord. No. 07-04-23, §!(ch. 12, art. 2, §
3), 4-19-2007)
Sec. 18-91. -Deactivation mechanism required.
No monitored alarm system installed after the effective date of the ordinance from which this article is
derived shall be used unless such system is equipped with a mechanism or device that automatically
deactivates the alarm system signal no later than 30 minutes after activation.
(Ord. No. 06-11-16, § l(ch. 12, art. 2, § 4), 11-21-2006; Ord. No. 07-04-23, §!(ch. 12, art. 2, §
4), 4-19-2007)
Sec. 18-92. -Monitoring and enforcement; citation.
The police department or fire department shall be responsible for the enforcement of this article. This
article shall be enforced by the issuance of a citation and prosecution in the city municipal court, or other
court of competent jurisdiction.
(Ord. No. 06-11-16, § l(ch. 12 , art. 2, § 5), 11-21-2006; Ord. No. 07-04-23, § l(ch. 12, art. 2, §
5), 4-19-2007)
Sec. 18-93. -Violations.
(a) Three or more false alarms. It shall be a violation of this article for any monitored alarm user to cause,
allow or permit three or more false alarms in any calendar year. It shall also be a violation of this article
for any monitored alarm user to fail or otherwise refuse to comply with the registration or equipment
requirements set forth in section 18-90.
(b) False requests or reports. No person shall intentionally make, turn in, or report a false alarm of fire or
false request for police or ambulance assistance, or aid or abet in the commission of such an act.
(Ord. No. 06-11-16, § l(ch. 12, art. 2, § 6), 11-21-2006; Ord. No. 07-04-23, § l(ch. 12, art. 2, §
6), 4-19-2007)
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