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Help & SupportChapter 2-2.5: Civil Emergencies and Disasters
(a) The purpose of this chapter is to provide for continuity and efficient operation of local government in times of disaster emergency.
(b) Toward that end, this chapter provides for necessary organization, powers and authority to enable a timely and effective use of all available city resources to prepare for, respond to and recover from civil emergencies, emergencies or disasters that are likely to affect the health, security, safety or property of city inhabitants.
(c) During a time of civil emergency, emergency or disaster, the city manager shall serve as the executive head of the city's fire and police resources and shall retain the power to direct their activities pursuant to Boulder Charter sections 63 and 64. Also during such a time, and pursuant to Boulder Charter section 72, the city manager shall serve as executive head of the divisions of fire and police, with power to direct the activities of either or any of such divisions, and with power to appoint, transfer or remove any and all of the officers and employees therein.
(d) The city manager shall also retain, during the period of civil emergency, emergency or disaster, the power to deputize, appoint and administer the oath of office to any necessary and additional firefighters, police officers or patrol officers, as the nature of the civil emergency, emergency or disaster may require, during the period of such public danger or emergency.
(e) The city manager, or other person serving in the stead of the city manager by virtue of the city manager's designation or by the operation of the provisions of this chapter, shall declare, manage and officially end an officially declared state of civil emergency, emergency or disaster.
(f) However, pursuant to section 15 of the Boulder City Charter, the city council may at any time direct the mayor to take command of the police and maintain and enforce the laws with regard to police affairs during a disaster emergency. If that is done, the mayor shall exercise all of the powers detailed in this chapter for the city manager during a declared state of civil emergency, emergency or disaster. If the mayor is unavailable or incapable of assuming such duties, the deputy mayor or other council member designated by council action shall perform this function.
(g) All the provisions of this chapter are to be interpreted and enforced in a manner that is consistent with the Constitution of the United States of America and with the Constitution of the State of Colorado.
Ordinance No. 7651 (2009)
Civil emergency means conditions of unrest, including but not limited to riot, civil disturbance, unlawful assembly, hostile military or paramilitary action, war, terrorism or sabotage.
Declaration means a written document executed by the city manager which declares a civil emergency, emergency or disaster.
Disaster means the occurrence of widespread or severe damage, injury or loss of life or property resulting from any natural or human cause, including but not limited to lightning, wildfire, wind, blizzard, geological hazard, hurricane, flood, building or structural collapse or failure, epidemic, utility emergency, sudden and severe energy shortages, snowstorm, ice storm, windstorm, hazardous substance spills, chemical or petroleum spills, biological material release, radiological release or spill, public health emergency or accident.
Disaster emergency shall include the meanings of the terms civil emergency, emergency and disaster.
Emergency means any occurrence or threat of a disaster of major proportions, in which the safety and welfare of the inhabitants of the city or their property are jeopardized or placed at extreme peril and in which timely action to avert or minimize damage is essential.
Ordinance No. 7651 (2009)
2-2.5-3. Declaration of a Disaster Emergency.
(a) The city manager may declare a disaster emergency when the manager determines that there is reasonable cause to believe that the city, or any part of the city, is suffering from, or is in imminent danger of suffering a disaster emergency, and that a declaration of disaster emergency is required to avoid or mitigate serious injuries to members of the public or the loss of life or property.
(b) Any declaration of a disaster emergency issued by the city manager shall be promptly filed with the city clerk and, as soon as possible thereafter, the city manager shall notify the city council. The public shall also be notified of a declaration of disaster emergency through general dissemination to the news media, posting on the city websites or by the use of other means of communication appropriate for informing the general public.
Ordinance No. 7651 (2009)
At any time during a declared disaster emergency, the city council may review the city manager's disaster emergency management. If the council has reasonable cause to believe that the manager has not adequately managed the disaster emergency, or that the manager imprudently declared or terminated the disaster emergency condition, the council may, by appropriate motion, relieve the city manager from further disaster emergency management duties. In such an event, the mayor will become responsible for disaster emergency management and for compliance with the provisions of this chapter. However, if the mayor is unavailable or incapable of assuming such duties, the deputy mayor or other council member designated by council action shall perform this function.
Ordinance No. 7651 (2009)
A declaration of a disaster emergency shall be in effect as determined by the city manager for a period of up to seven days. This period may be extended upon submission of a request by the city manager and approval of the city council.
(a) In the event that a quorum of the city council cannot be assembled to approve a continuance of the declaration, such declaration shall remain in effect until such time as a quorum can be assembled.
(b) In the event that a quorum of the city council can meet to provide the city manager with advice and consultation during a declared disaster emergency, such meeting shall be held in compliance with the Colorado Open Meetings Law and Council Procedures as soon as possible after the declaration of disaster emergency. However, the city council shall, in any event, meet no later than seven days following the initial declaration of disaster emergency unless the nature of the disaster emergency makes such a meeting impossible, in which case the city council shall meet as soon as is feasible thereafter.
Ordinance No. 7651 (2009)
2-2.5-6. Succession of Authority.
(a) The city manager may, at the start of each calendar year, publish and submit to city council an order of succession of city officials who shall execute the duties and powers described in this chapter for execution by the city manager in the event that the city manager is unavailable to declare or manage a disaster emergency.
(b) In any calendar year in which the city manager fails to publish and submit such list to city council, the line of succession of authority to declare and manage a disaster emergency shall include those occupying the following positions in the following order:
(1) The city manager;
(2) The deputy city manager who oversees the operating departments of the city;
(3) The deputy city manager overseeing administration, if that person is different than the deputy city manager who oversees the operating departments of the city;
(4) The police chief;
(5) The fire chief;
(6) The executive director of public works or other public works director who is responsible for overseeing utilities;
(7) The finance director; or
(8) In the event none of the above noted people are available to serve, the deputy director or other highest ranking person within each of the various departments, in the line of succession as indicated above, shall serve.
(c) However, the succession of authority provided in this section shall always be subject to the power of the city council to determine, by appropriate motion, that the mayor shall take responsibility for the management of a disaster emergency.
Ordinance No. 7651 (2009)
Upon the issuance of a declaration of disaster emergency, the city manager shall, upon a finding of need, issue such orders as may be required to protect the health, safety and welfare of persons or property within the city or to otherwise preserve the public peace or abate, clean up or mitigate the effects of any disaster emergency. Such orders, once issued, may be changed from time to time during the period of a declared disaster emergency based upon the discretion of the city manager and may include, but are not limited to, orders to accomplish the following objectives:
(a) Direct and compel the evacuation of all or a part of the population from any stricken or threatened areas or property within the city if the city manager deems this action is necessary for the preservation of life or property, and preclude members of the public from reentering an evacuated area;
(b) Prescribe routes, modes of transportation and destination in connection with an evacuation;
(c) Establish transportation control routes related to ingress to or egress from any part of the city;
(d) Impose traffic restrictions to allow emergency response or otherwise control traffic, including the imposition of a prohibition of all traffic except for vehicles operated by individuals deemed essential to assist in the emergency operations and prohibit any person from stopping, standing, parking or abandoning a vehicle in a right-of-way that obstructs emergency operations;
(e) Close streets, alleys, sidewalks, public parks, public ways or other public places or eliminate access to buildings, streets, alleys, sidewalks or other public or private places;
(f) Delegate authority to such city officials as the city manager determines reasonably necessary or expedient;
(g) Transfer the direction, personnel or functions of city departments and agencies for the purposes of performing or facilitating emergency services;
(h) Require emergency services of any city officer or employee;
(i) Utilize all available resources of the city as may be reasonably necessary to cope with the disaster emergency whether in preparation for, response to or recovery from a disaster emergency;
(j) Acquire the services of non-city personnel as may be available, including citizen volunteers, if regular city employee resources are determined to be inadequate, with the understanding that all duly authorized persons rendering emergency services pursuant to this provision shall be entitled to the privileges and immunities provided by state law;
(k) Appropriate and expend funds, execute contracts, authorize the acquisition of property, equipment, services, supplies and materials without the strict compliance with normal city procurement procedures;
(l) Accept services, gifts, grants and loans, equipment, supplies and materials whether from private, nonprofit or governmental sources;
(m) Hire or contract for construction, snow removal, engineering, architectural, building, electrical, plumbing and/or other professional or construction services essential to continue the activities of the city without the advertising of bids or strict compliance with other formal procurement requirements;
(n) Make application for local, state or federal assistance;
(o) Make such special provisions for the health and safety of animals as may be necessary and feasible;
(p) Terminate or suspend any process, operation, machine, device or event when, in the absence of such termination or suspension there is imminent danger that the life, health, safety and/or welfare of persons or the physical security of property within the city will be seriously compromised;
(q) Establish a curfew during such hours of the days or nights that shall affect categories of persons as may be designated in a curfew order;
(r) Suspend or modify provisions of any ordinance if strict compliance with such ordinance would prevent, hinder or delay action that is necessary to cope with any disaster emergency;
(s) Suspend or limit use of the city's water resources;
(t) Require the continuation, termination, disconnection or suspension of natural gas, electric power, water, sewer or other public utilities;
(u) Close or cancel the use of any city owned or operated building or other public facility.
(v) Control, restrict, allocate or regulate the use, sale, production or distribution of food, water, clothing and other commodities, materials, goods, services and resources;
(w) Require the closing of businesses when, in the absence of such action, there would be an imminent danger that the life, health, safety and/or welfare of persons or the physical security of property within the city might be seriously compromised;
(x) Suspend or limit the sale, distribution, dispensing or transportation of alcoholic beverages, firearms, explosives and/or combustible products and require the closing of those businesses or parts of businesses insofar as the sale, distribution, dispensing or transportation of these items are concerned;
(y) Prohibit the sale or distribution within the city of any products which could be employed in a manner that would constitute a danger to public health or safety; and
(z) Commandeer or use any private property if that action is necessary to cope with an imminent threat to life, health or property that is caused by a disaster emergency condition, subject, however, to applicable legal requirements for compensation.
Ordinance No. 7651 (2009); 7681 (2009)
2-2.5-8. Adherence to Emergency Orders.
(a) Police, code enforcement and such other law enforcement and peace officers as may be authorized by the city manager shall be authorized to enforce the orders, rules and regulations made or issued pursuant to this chapter.
(b) All members of the public shall be deemed to have been given notice of the restrictions contained within a declaration upon its dissemination to the news media or publication on city websites or by use of other means of publicity.
(c) During the period of a declared disaster emergency, a person shall not:
(1) Enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment;
(2) Violate any of the orders duly issued by the city manager or designee pursuant to such declaration; or
(3) Willfully obstruct, hinder or delay any duly authorized city officer, employee or volunteer in the enforcement or exercise of the provisions of this chapter, or of the undertaking of any activity pursuant to this chapter.
Ordinance No. 7651 (2009)
2-2.5-9. Roles of the Municipal Court, City Attorney and Director of the Office of Emergency Management During a Declared Disaster Emergency.
(a) During and after a declared disaster emergency:
(1) The municipal court shall have authority to issue appropriate and special orders pertaining to court procedures, location of hearings and time frames within which judicial proceedings are held, so long as such orders are in compliance with the United States Constitution and the Constitution of the State of Colorado.
(2) The city attorney shall provide legal advice and assistance to the city manager, to city council and to the various divisions and departments of the city in order to assist the city manager in carrying out the provisions of this chapter.
(b) Prior to, during and after a declared disaster emergency, a director of the Office of Emergency Management, approved by the city manager, shall assist the city manager to:
(1) Comply with all requirements of the Federal Emergency Management Agency (FEMA) and the Colorado Division Emergency Management Agency (CDEM) in order to procure the maximum amount of federal and state assistance and grant monies for the city;
(2) Assure that the Emergency Operations Plan (EOP) is kept current;
(3) Act as liaison with all emergency response agencies and ensure their cooperation in drafting their portions of the EOP. All agencies over which the city has authority shall provide such cooperation in planning;
(4) Develop a schedule of training to ensure that all persons with specific responsibilities under the EOP understand their duties and are capable of performing their duties. All persons with specific responsibilities under the EOP shall comply with the training schedule to understand their duties and be capable of performing their duties;
(5) Prepare and coordinate exercises of the EOP as mandated by FEMA and CDEM. The EOP shall be tested as deemed necessary;
(6) Conduct debriefings in the aftermath of the EOP exercises and revise the plan to reflect lessons learned;
(7) Assist the city manager in negotiating and entering into Mutual Aid Agreements;
(8) Coordinate resources for the city manager and perform all other duties assigned by the city manager in the response to a disaster emergency;
(9) Cooperate and coordinate with state and federal authorities in the aftermath of a disaster emergency to ensure the maximum available support for recovery and assistance for persons and businesses;
(10) Develop a mitigation plan for the city in cooperation with all city departments and other governmental agencies; and
(11) Work with the city manager to ensure that requirements for infrastructure replacement are consistent with current best practices to ensure the maximum assistance from the federal government in the event that public facilities must be reconstructed or replaced in the aftermath of a disaster emergency.
Ordinance No. 7651 (2009)
2-2.5-10. Authority to Enter a Property.
During the period of a declared disaster emergency, a city employee or authorized agent may enter onto or upon private property if the employee or authorized agent has reasonable grounds to believe that an emergency situation exists and that an entry on private property is required in order to protect life or minimize an imminent threat to property.
Ordinance No. 7651 (2009); 7681 (2009)
2-2.5-11. Location and Special Procedures for Governing Body Meetings and Departments.
(a) Whenever a disaster emergency makes it imprudent or impossible to conduct the affairs of the city at regular locations, the governing body may meet at any place, inside or outside the city limits. Any temporary disaster emergency meeting location for the governing body shall continue until a new location is established or until the disaster emergency is terminated and the governing body is able to return to its normal location.
(b) Whenever a disaster emergency makes it imprudent or impossible to conduct the affairs of any department of the city at its regular location, such department may conduct its business at any place, inside or outside the city limits and may remain at a temporary location until the disaster emergency is declared ended or until the department is able to return to its normal location.
(c) Whenever a disaster emergency makes it imprudent or impossible for city council, or any city committee, board or commission or other such body to meet at a previously scheduled date and time, such meeting shall be deemed to be postponed until a quorum of the city council, city committee, board or commission or other such body is able to meet.
(d) Any official act or meeting that must ordinarily be performed at regular or specified locations shall be valid when performed at a temporary location pursuant to this section.
(e) To the extent that is consistent with the United States and Colorado constitutions, any time requirement, deadline, procedure, scheduled hearing or other event in the municipal court may, upon a finding of good cause, be waived, altered or rescheduled by the presiding municipal court judge during a declared disaster emergency.
(f) The provisions of this section shall apply to all executive, legislative and judicial branches, and to all powers and functions conferred upon the city and its officers, employees and authorized agents by the Constitution of the State of Colorado, Colorado Revised Statutes, the Boulder Revised Code and the Charter of the city of Boulder.
Ordinance No. 7651 (2009); 7681 (2009)
2-2.5-12. Mutual Aid Agreements.
During the course of a declared disaster emergency, the city manager may, on behalf of the city, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements or other contracts or plans with other governmental entities necessary for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services.
Ordinance No. 7651 (2009); 7681 (2009)
2-2.5-13. Access to Tabor Funds.
In the event of a declared disaster emergency, the city manager shall have access to the city emergency funds mandated by the Taxpayer's Bill of Rights (TABOR) as set forth in Article X, Section 20, Subsection (5), entitled Emergency Reserves, of the Constitution of the State of Colorado. Funds utilized pursuant to this chapter shall be replenished no later than the conclusion of the following fiscal year.
Ordinance No. 7651 (2009)
2-2.5-14. Report by City Manager/Discretionary Ratification by City Council.
(a) At such time as a disaster emergency shall be declared ended, the city manager shall prepare a written report that details the official actions taken by the city manager during the declaration, including a timeline, significant actions and a detailed summary of all expenses incurred during such declaration. That written report shall be made available to members of the public, and it shall be submitted to the city council within thirty days of the date on which the disaster emergency is declared ended, except that the summary of expenses incurred may be provided during such other period as city council may allow.
(b) The city council shall consider the city manager's report at a properly noticed public meeting. At that meeting, the city council may (but is not required to) ratify the actions taken by the city manager during the period of a declared disaster emergency. If the city council disagrees with actions taken by the city manager during the disaster emergency, it may refuse to ratify those actions. However, whether or not the city manager's actions are ratified by the city council, the city manager's report shall be made a part of the official public record of the city council meeting at which the report was discussed by the city council.
Ordinance No. 7651 (2009)
The provisions of this chapter are declared to be severable. If any section, sentence, clause or phrase of this chapter is declared invalid or unconstitutional, or if the application of this chapter to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the validity of the remaining sections, sentences, clauses and/or phrases of this chapter.
Ordinance No. 7651 (2009); 7681 (2009)
Nothing in this chapter shall preclude a party from seeking a protective order or declaration of rights in any court of competent jurisdiction when such party believes that either a disaster emergency declaration or an action issued pursuant to this chapter violates any provision of the Constitution of the United States of America or of the Constitution of the State of Colorado.
Ordinance No. 7651 (2009)