CITY OF REVELSTOKE
BYLAW #1576, 1997
_________________________________________________________________
Being a Bylaw To Establish Emergency Measures For The City of Revelstoke
__________________________________________________________________
WHEREAS the Council of the City of Revelstoke must establish and maintain an emergency management organization to develop and implement emergency plans.
AND WHEREAS the City of Revelstoke Municipal Council wishes to provide a comprehensive management program to prepare for, respond to and recover from emergencies and disasters.
NOW THEREFORE the City of Revelstoke Municipal Council in open meeting assembled enacts as follows:
SECTION 1 - CITATION
1.1 This Bylaw shall be cited as the City of Revelstoke Emergency Measures Bylaw #1576, 1997.
SECTION 2 - INTERPRETATION
2.1 In this Bylaw
(a) "Council" means the City of Revelstoke Municipal Council;
(b) "declaration of a state of local emergency" means a
declaration of Council or the Mayor that an emergency
exists or is imminent in the municipality;
(c) "disaster" means a calamity that:
(i) is caused by accident, fire, explosion or technical
failure or by the forces of nature, and
(ii) has resulted in serious harm to the health, safety
or welfare of people, or in widespread damage to
property;
(d) "emergency" means a present or imminent event that:
(i) is caused by accident, fire, explosion or technical
failure or by the forces of nature, and
(ii) requires prompt coordination of action or special
regulation of persons or property, to protect the
health, safety or welfare of people or to limit
damage to property;
(e) "City of Revelstoke Emergency Coordinator" means the
person appointed by the Council as head of the City of
Revelstoke Emergency Management Organization as per
Section 3.2 of this Bylaw;
(f) "Mayor" means that member of Council who is head and
Chief Executive Officer of the municipality;
(g) "Municipality" means all the area within the boundaries
of the Municipality of Revelstoke;
(h) "City of Revelstoke Emergency Management Organization"
means the Emergency Executive Committee, Emergency
Coordinator and such other persons appointed and
functional groups established and which are charged
with emergency preparedness, response and recovery
measures.
City of Revelstoke Emergency Measures Bylaw #1576, 1997
Page 2
__________________________________________________________________
SECTION 2 - INTERPRETATION (Cont.)
2.2 This Bylaw shall be construed in accordance with the Emergency
Program Act, RSBC, 1996, Chapter 111 and all Regulations made
thereunder. In this Bylaw, "Act" means the Emergency Program
Act.
SECTION 3 - ADMINISTRATION
3.1 An Emergency Executive Committee shall be composed of:
(a) a Council member (Committee Chairperson);
(b) the Principal Administrative Officer of the municipality,
(c) Emergency Coordinator
(d) heads of selected functional departments or their
designates as determined by the Council, and
(e) such other members that the Council may determine.
3.2 The Council shall appoint a City of Revelstoke Emergency
Coordinator to facilitate emergency preparedness, response
and recovery measures.
3.3 Subject to the approval of the Council, the Emergency Executive Committee may:
(a) make and amend its terms of reference, policies and
procedures,
(b) enter into agreements with regional districts or other
municipalities for the purpose of emergency assistance
or the formation of coordinated emergency preparedness,
response or recovery, and
(c) enter into agreements with individuals, bodies,
corporations or other non-government agencies for the
provision of goods or services.
SECTION 4 - DUTIES AND RESPONSIBILITIES OF THE COUNCIL
4.1 The City of Revelstoke Emergency Executive Committee shall
prepare and present to the Council for annual review and
approval:
(a) a list of hazards to which the municipality is subject
and which also indicates the relative risk of
occurrence,
(b) plans respecting the preparation for, response
recovery from emergencies and disasters, which include:
(i) a periodic review and updating of plans and
procedures for that review,
(ii) a program of emergency response exercises,
(iii) a training program,
(iv) procedures by which physical and financial
emergency resources or assistance may be
obtained,
(v) procedures by which emergency plans are to
be implemented,
City of Revelstoke Emergency Measures Bylaw #1576, 1997
Page 3
__________________________________________________________________
SECTION 4 - DUTIES AND RESPONSIBILITIES OF THE COUNCIL (Cont.)
4.1 (Cont.)
(vi) warning procedures to those persons who may
be harmed or suffer loss in an emergency
or impending disaster,
(vii) procedures to coordinate the provision of
food, clothing, shelter, transportation and
medical service to victims of emergencies
and disasters, whether that provision is made
from within or outside of the municipality, and
(viii) procedures to establish the priorities for
restoring essential services provided by the
municipality, or recommend priorities to other
service providers, that are interrupted during
an emergency or disaster.
SECTION 5 - POWERS OF THE COUNCIL
5.1 Any one of either the Council, the Mayor, the Principal
Administrative Officer of the Municipality, the Emergency
Coordinator, Fire Chief or Police Chief may, whether or
not a state of local emergency has been declared, cause
the emergency plan to be implemented.
5.2 The Council by bylaw or resolution, or the Mayor by order,
may declare a state of local emergency when the extraordinary
power or authority enabled by Section 12 of the Act is required to effectively deal with an emergency or disaster
in any part of the municipality.
5.3 Upon a "declaration of a state of local emergency" being
made, Council or the Mayor shall:
(a) forward a copy of the declaration to the Attorney
General, and
(b) cause the details of the declaration to be published
by a means of communication that the Council or Mayor
considers most likely to make the contents of the
declaration known to the majority of the population
of the affected area.
5.4 After a declaration of a state of emergency is made under
section 5.2 in respect of all or any part of a municipality,
and for the duration of the state of emergency, the Council
or Mayor may do any or all acts considered necessary and
implement procedures that the Council or Mayor considers
necessary to prevent, respond to or alleviate the effects
of an emergency or a disaster, including any or all of the
following:
(a) acquire or use any real or personal property considered
necessary to prevent, respond to or alleviate the effects
of an emergency or disaster;
(b) authorize or require any person to render assistance
of a type that the person is qualified to provide or
that otherwise is or may be required to prevent, respond
to or alleviate the effects of an emergency or disaster;
(c) control or prohibit travel to or from any part of the
municipality;
City of Revelstoke Emergency Measures Bylaw #1576, 1997
Page 4
___________________________________________________________________
SECTION 5 - POWERS OF THE COUNCIL (Cont.)
5.4 (Cont.)
(d) provide for the restoration of essential facilities and
the distribution of essential supplies and provide,
maintain and coordinate emergency medical, welfare and
other essential services in the municipality;
(e) cause the evacuation of persons and the removal of
livestock, animals and personal property from any part
of the municipality that is or may be affected by an
emergency or a disaster and make arrangements for the
adequate care and protection of those persons, livestock,
animals and personal property;
(f) authorize the entry into any building or on any land,
without warrant, by any person in the course of
implementing an emergency plan or program or if otherwise
considered by the Council or Mayor to be necessary to
prevent, respond to or alleviate the effects of an
emergency or disaster;
(g) cause the demolition or removal of any trees, structures
or crops if the demolition or removal is considered by
the Council or Mayor to be necessary or appropriate in
order to prevent, respond to or alleviate the effects
of an emergency or disaster;
(h) construct works considered by the Council or Mayor to be
necessary or appropriate to prevent, respond to or
alleviate the effects of an emergency or disaster;
(i) procure, fix prices for or ration food, clothing, fuel,
equipment, medical supplies or other essential supplies
and the use of any property, services, resources or
equipment within any part of the municipality for the
duration of the local state of emergency; and
(j) authorize the Emergency Coordinator, or other selected
person or persons to exercise in any part of the
municipality affected by a declaration of a local state
of emergency, those specific powers enabled in Section 5.4 and assumed by the Council or Mayor.
5.5 The Council or Mayor must, when of the opinion that an
emergency no longer exists in the municipality to which a
declaration of local state of emergency was made:
(a) cancel the declaration of a state of local emergency
in relation to that part
(i) by bylaw or resolution, if cancellation is
effected by the Council, or
(ii) by order, if the cancellation is effected by
the Mayor, and
(b) promptly notify the Minister of the cancellation of
the declaration of a state of local emergency.
City of Revelstoke Emergency Measures Bylaw #1576, 1997
Page 5
___________________________________________________________________
SECTION 6 - LIABILITY
6.1 As enabled by the Act, no person, including, without
limitation, the Council, the Mayor, members of the City of
Revelstoke Emergency Management Organization, employees of
the City of Revelstoke, a volunteer and any other persons
appointed, authorized or requested to carry out measures
relating to emergencies or disasters, is liable for any
loss, cost, expense, damages or injury to persons or
property that result from:
(a) the person in good faith doing or omitting to do any
act that the person is appointed, authorized or
required to do under this Bylaw, unless, in doing or
omitting to do the act, the person was grossly
negligent, or
(b) any acts done or omitted to be done by one or more of
the persons who were, under this Bylaw, appointed,
authorized or required by the person to do the acts,
unless in appointing, authorizing or requiring those
persons to do the acts, the person was not acting in
good faith.
SECTION 7 - REPEAL OF PREVIOUS BYLAW
7.1 THAT the City of Revelstoke Municipal Emergency Program
Bylaw #1350, 1989 be repealed in its entirety.
READ A FIRST TIME THIS 8TH DAY OF DECEMBER, 1997
READ A SECOND TIME THIS 8TH DAY OF DECEMBER, 1997
READ A THIRD TIME THIS 8TH DAY OF DECEMBER, 1997
ADOPTED THIS 22ND DAY OF DECEMBER, 1997.
____________________________ ____________________________
CLERK MAYOR
I hereby certify that the foregoing is a true and correct copy of the "City of Revelstoke Emergency Measures Bylaw #1576, 1997".
________________________
CLERK
|
