[Added 3-4-2003 by Bill No. 2003-8]
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.
A. 
Proclamations, rules and orders issued pursuant to § 15-7 shall be effective upon issuance and shall remain in effect until withdrawn by the Council or issuing authority. However, those proclamations, rules, and orders shall be withdrawn by the Council or issuing authority, and those persons acting pursuant to § 15-7 shall cease to exercise emergency powers at such time as the conditions giving rise to the emergency cease.
B. 
Any proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity by publication in a newspaper of general circulation in the area effected and transmitted to the radio and television media for publication and broadcast and shall be filed promptly with the Office of the Director of Administration for recordation.
[Amended 10-17-2006 by Bill No. 2006-11]
C. 
No local emergency declared by the County Executive shall last or be continued past seven days. Should the emergency continue longer, the County Council may by resolution extend such declaration for the duration of the emergency.
[Amended 10-17-2006 by Bill No. 2006-11]
A. 
Any person who violates this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or be imprisoned for not more than 30 days, or both, and, in addition, shall pay all costs and expenses involved in the case. Any person who shall violate this chapter shall be deemed guilty of a separate offense for every day that violation shall continue.
B. 
The County Council may provide that certain violations shall be considered civil infractions, punishable by fines as established by the Council and prosecuted in accordance with Chapter 221.
C. 
It shall be a violation of this article for any person, during an emergency to:
(1) 
Wilfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article.
(2) 
Do any act in violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to § 15-7, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from § 15-7.
D. 
In addition to the imposition of penalties listed in this section, the county may take any other appropriate legal action to ensure compliance with this article, including but not limited to, administrative action and requests for temporary and permanent injunctions.
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.