Town of Boothbay Harbor, ME
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor 6-28-1999 by STM Art. 3]

§ 17-1 Title; statutory authority.

This chapter is to be known and cited as the "Emergency Management Agency Article of the Town of Boothbay Harbor." It is established under the Maine Civil Emergency Preparedness Act (Maine Revised Statutes Annotated, Title 37-B, Chapter 13, Emergency management programs) and by recommendation of the Maine Emergency Management Agency (MEMA), accomplishing all those activities covered by the former Civil Emergency Preparedness.

§ 17-2 Purpose.

The purpose of this chapter is to protect the public's health, safety and welfare in the event of a disaster and to provide the necessary powers and authority to accomplish such.

§ 17-3 Intent.

The intent of this chapter is to provide a well-organized, planned and professional Emergency Management Agency at the local level for the acceptance of said responsibility and to grant such powers and authority needed to manage such. This agency shall be known as the "Boothbay Harbor Emergency Management Agency" (also referred to as "BHEMA" or "agency"); said agency will be the coordinating agency for all activities in connection with emergency management. Membership of this agency will include, but is not limited to, the Town Police, Fire and Public Works Departments, as well as the Boothbay Region Ambulance Service, the American Red Cross and the United States Coast Guard Station, Boothbay Harbor. Appointments shall be for an indefinite period by the Board of Selectmen.

§ 17-4 Powers and responsibilities; membership.

A. 
The Agency will have the powers and responsibilities to provide for the complete and efficient utilization of all of the town's resources to respond to an emergency resulting from a natural, accidental, man-made or enemy action disaster.
B. 
This chapter will not relieve any Town department or office from the responsibilities or authority given to it in the Town Charter or local ordinances or articles. It will not adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
C. 
On February 28, 2003, the President issued Homeland Security Presidential Directive HSPD-5, which directs the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS). According to HSPD-5:
[Added 5-2-2005 by ATM Art. 76]
This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology covering the incident command system; multi-agency coordination; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources.

§ 17-5 Director and Deputy Director; responsibilities.

A. 
The Town Manager and Board of Selectmen are authorized to appoint a Director and Deputy Director to act as coordinator on behalf of the town. Depending on the circumstances, the Director or Deputy may, with the coordination of the Town Manager or First Selectmen, request assistance from the Lincoln County Emergency Management Agency and, if serious enough, from MEMA.
B. 
The Director or Deputy shall, when disaster threatens or when a disaster has occurred, take the necessary actions to protect life and property and preserve critical resources. This would include establishing an Emergency Operations Center in the Town office building, opening the prime evacuation shelter in the Elementary School gym and, if necessary, directing the evacuation of various areas of the Town if so directed by the Selectmen, County Commissioners or the Governor.
C. 
It is the responsibility of the Director and Deputy to have available such supplies and equipment on hand to respond to emergencies that can be anticipated for this geographical and resource location.
D. 
Authorization is given to coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities normally available for emergency management.

§ 17-6 Disaster plans; declarations of emergency.

A. 
A basic Emergency Management Agency Response Plan, as outlined by MEMA, shall be adopted and maintained by the Director or Deputy.
[Amended 5-5-2003 by ATM Art. 20]
B. 
Either the Town Manager or the First Selectmen may issue a declaration of emergency to necessitate immediate outside assistance. The Manager and Director of BHEMA shall be authorized to accept all necessary aid from the county, state and federal agencies.

§ 17-7 Conflicting directives.

Whenever orders, rules and regulations are made pursuant to this chapter, they shall supersede existing articles and regulations in so far as the latter may be inconsistent with them. Extraordinary actions may be necessary in responding and reacting to a disaster.