This article is enacted to set out and clarify
the authority of the county and its officers and employees with regard
to emergency and disaster situations. It is intended to grant as broad
a power as permitted by statutory and constitutional authority.
For purposes of this article, the following
definition shall apply:
EMERGENCY
The actual or threatened existence of conditions of disaster
or extreme peril to the safety of persons and property within this
county resulting from any natural or man-made cause, including but
not limited to fire, flood, storm, oil spills, water contamination
requiring emergency action to avert danger or damage, utility failure,
hazardous peacetime radiological incident, major transportation accident,
epidemic, air contamination, blight, drought, infestation, explosion,
riot, looting, persistent violent civil disobedience, or hostile military
or paramilitary action, which threaten the public peace, health, and
safety or which damage and destroy public or private property of this
county.
[Amended 10-17-2006 by Bill No. 2006-11]
A. Notwithstanding any provision of this Code to the
contrary, when the County Executive determines, in his sole discretion,
that a local emergency exists within the county and that public safety
is imperiled thereby, the County Executive may, by proclamation, declare
a local emergency throughout the county or for any part thereof.
B. In the event such local emergency is declared, the
county shall be governed by emergency and mutual aid agreements and
such laws, resolutions and rules and regulations as are necessary
to implement such plans and agreements.
C. A declaration of a local state of emergency shall
activate the response and recovery aspects of any and all applicable
local state of emergency plans and to authorize the furnishing of
aid and assistance thereunder.
D. The county may request the Governor to provide assistance,
if the County Executive determines that the disaster is beyond the
capacity of local government to meet adequately and state assistance
is necessary to supplement local efforts to save lives and to protect
property, public health and safety, or to avert or lessen the threat
of disaster.
Any power or authority conferred upon the county
by this article shall be in addition to and not in substitution for
or imitation of any powers or authority otherwise vested in the county.
The provisions of this article are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held invalid or unconstitutional
or if the application of this chapter to any person or circumstances
is held invalid or unconstitutional, such decisions shall not affect
the validity of the remaining section, sentences, clauses and phrases
of this chapter.