Attachment A 2025-08-22 Ordinance to Update City Code Chapter 11 Emergency Mgmt.pdf
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ORDINANCE G-
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
PHOENIX, ARIZONA, CHAPTER 11, SECTIONS 11-1 THROUGH
11-7, OFFICE OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
__________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. That Chapter 11, OFFICE OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT, Sections 11-1 through 11-7 are amended to read as
follows:
Sec. 11-1. Purpose and definitions.
Sec. 11-2. Maintaining an emergency management program and creating the Office
of Homeland Security and Emergency Management.
Sec. 11-3. Powers and duties of the City Council, Mayor, and City Manager.
Sec. 11-4. Utilization of existing services and facilities.
Sec. 11-5. Emergency operations plan.
Sec. 11-6. Enforcement of regulations and proclamations.
Sec. 11-7. Penalty.
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Sec. 11-1.
Purpose and definitions.
A. Purpose. It is determined and declared to be necessary to maintain an Office of
Office of Homeland Security and Emergency Management for the City of Phoenix to
prepare for, respond to, recover from and mitigate against threatened or actual natural
and human-caused emergencies or acts of terrorism.
B. Definitions.
Director means the individual designated by the City Manager to manage the
coordination among emergency resources and with other governments. THE
DIRECTOR HAS THE DAY-TO-DAY RESPONSIBILITY FOR THE CITY’S OFFICE OF
EMERGENCY MANAGEMENT AND ITS ACTIVITIES. The Director is the liaison
between the Emergency Operations Center and the Policy/Advisory Group.
Emergency means any local incident, whether natural or human-caused, which
requires only local response to protect public health and safety, property, or harm to
the environment.
Emergency Management means the preparedness, response, recovery, and mitigation
activities necessary to respond to and recover from any disasters or emergencies.
Emergency Management Coordinator means the person who ASSISTS THE
DIRECTOR WITH has the day-to-day FUNCTIONS OF THE responsibility for the
City’s OFFICE OF Emergency Management Program and ITS activities, SERVING AS
THE SECONDARY OFFICIAL RESPONSIBLE FOR IMPLEMENTING EMERGENCY
MANAGEMENT INITIATIVES UNDER THE DIRECTOR’S GUIDANCE.
Emergency Management Program means the development and coordination of plans,
procedures, training, and exercising for emergency preparedness, mitigation,
response, and recovery.
Emergency Operations Center (EOC) means a site from which City officials
coordinate, monitor, and direct emergency response activities during an emergency.
Emergency Ooperations Pplan (EOP) means a document that describes how people,
property or the environment will be protected in an emergency situation; details who is
responsible for carrying out specific actions; identifies the personnel, equipment,
facilities, supplies, and other resources available for use in an emergency; and
outlines how all actions will be coordinated.
GREAT EMERGENCY HAS THE SAME MEANING AS LOCAL EMERGENCY.
Local emergency IS AS DEFINED IN A.R.S. § 26-301 AS AMENDED. means the
existence of conditions of an emergency or of extreme peril to the safety of persons or
property within the City that are or are likely to be beyond the control of the services,
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personnel, equipment, and facilities of the City as determined by the City Council,
which requires the combined efforts of the political subdivisions of the State of Arizona.
National Incident Management System (NIMS) means a system that provides a
proactive approach guiding government agencies at all levels, the private sector and
nongovernmental organizations to work seamlessly to prepare for, prevent, respond
to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity, in order to reduce the loss of life or property and harm to the
environment.
OFFICE OF EMERGENCY MANAGEMENT MEANS THE CITY OFFICE
RESPONSIBLE FOR THE DEVELOPMENT AND COORDINATION OF PLANS,
PROCEDURES, TRAINING, AND EXERCISING FOR EMERGENCY
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY.
Policy/Advisory Group means the City Council, Fire Chief, Police Chief,
Communications Director, City Attorney, EMERGENCY MANAGEMENT DIRECTOR,
and City Manager.
Sec. 11-2.
Maintaining an emergency management program and creating the
Office of Homeland Security and Emergency Management (OHSEM).
The City of Phoenix Emergency Management Program is hereinafter
called the Office of Homeland Security and Emergency Management (OHSEM).
A. Office of Homeland Security and Emergency Management.
1. OHSEM shall be under the supervision and control of the City
Manager or designee.
2. OHSEM will manage the EOC, essential supporting offices and
equipment necessary to coordinate and implement all aspects of emergency
mitigation, preparedness, response, and recovery functions.
3. OHSEM shall:
a. Perform any and all NECESSARY planning and coordination
of emergency management functions during non-emergency periods required by
Federal or State of Arizona laws, policies, programs and emergency plans.
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b. Develop an effective Emergency OPERATIONS PLAN
Management Program and build readiness for coordinated operations in emergencies.
Sec. 11-3.
Powers and duties of the City Council, Mayor, and City Manager.
A. The City Council.
1. Shall have the power to make, amend, and rescind regulations
necessary for emergency management, but such regulations shall not be inconsistent
with regulations promulgated by the Governor. Any regulation issued by the Council is
effective when a copy is filed in the Office of the City Clerk.
2. Is empowered to declare a local emergency. The Mayor, in the
Mayor’s absence or IF UNABLE, the Vice-Mayor, shall have the authority to request
the declaration of an emergency A LOCAL EMERGENCY by the City Council.
3. Is empowered to terminate a declared emergency, LOCAL
EMERGENCY.
4. In the absence of specific authority in the State emergency
plans and programs, the City Council shall take emergency measures, as deemed
necessary to carry out the provisions of State and Federal law.
B. The Mayor. In the event it is deemed necessary to declare the
existence of a great LOCAL emergency without delay, the Mayor, or in the absence or
disability of the Mayor IF UNABLE, the Vice-Mayor may, by proclamation, declare a
local emergency to exist. Such action, however, shall be subject to confirmation by the
City Council at its next meeting. When an LOCAL emergency is declared, the
emergency plans adopted by the City Council shall be placed in operation.
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1. During a LOCAL great emergency, the Mayor shall govern the
City of Phoenix by proclamation and shall have the authority to impose all necessary
regulations to preserve the peace and order of the City.
2. During periods of a declared local emergency, the Mayor may
provide mutual aid to the other political subdivisions when required; and may request
the State or a political subdivision to provide mutual aid to the City.
C. The City Manager.
1. Shall supervise and control the Office of Homeland Security
and Emergency Management
2. Is responsible in nonemergency periods to act on behalf of the
Mayor and Council to ENSURE THE DEVELOPMENT OF develop an effective
Emergency Management Plan and Program.
3. DURING A DECLARED LOCAL EMERGENCY, Mmay accept
for purposes of emergency management an offer by any government agency, or
officer thereof, or an offer by any person, firm, or corporation for services, equipment,
supplies, materials, or funds, whether by gift, grant or loan subject to the terms, if any,
of the offeror.
4. During LOCAL emergencies, the City Manager shall act as the
principal advisor or aide to the Mayor and City Council on emergency operations. The
City Manager’s major responsibility is to assure ENSURE coordination among CITY
DEPARTMENTS emergency forces and with higher and adjacent governments,
primarily seeing that the OHSEM functions effectively. The City Manager shall assist
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the Mayor in the execution of operations, plans, and procedures required by the
LOCAL emergency.
5. The City Manager or designee will assign a director to manage
the operations in the EOC.
65. In the absence of IF the Mayor and the Vice-Mayor ARE
UNABLE, the City Manager shall have the authority to request a declaration of LOCAL
emergency by the City Council.
Sec. 11-4.
Utilization of existing services and facilities.
In preparing and executing the OFFICE OF Emergency Management
MISSION Program,; the services, equipment, supplies and facilities of the departments
and functions of the City shall be utilized to the maximum extent practicable; and
department heads and personnel of all such departments and functions are directed to
cooperate with the Emergency Management DIRECTOR Coordinator, or designee,
and provide such services and facilities as are needed.
Sec. 11-5.
Emergency Ooperations Pplan.
A comprehensive Emergency Operations Plan shall be adopted and
maintained by resolution of the City Council upon recommendation of the City
Manager. The Emergency Operations Plan shall be considered supplementary to this
chapter and have the effect of law whenever LOCAL emergencies, as defined in this
chapter, have been proclaimed. WHEN A LOCAL EMERGENCY IS DECLARED, THE
EMERGENCY PLAN ADOPTED BY THE CITY COUNCIL SHALL BE PLACED IN
OPERATION.
Sec. 11-6.
Enforcement of regulations and proclamations.
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The Phoenix Police Department shall enforce regulations and
proclamations issued pursuant to this chapter.
Sec. 11-7.
Penalty.
Any person who violates any provision of this chapter or disobeys any
lawful proclamation issued as provided in this chapter shall be guilty of a Class One
misdemeanor.
SECTION 2. This Ordinance shall become effective on
______________.
PASSED by the Council of the City of Phoenix this ____ day of ______,
2025.
________________________________
MAYOR
________________________________
Date
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:__________________________
___________________________
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REVIEWED BY:
_____________________________
Jeffrey Barton, City Manager