Town of Milton, DE Chapter 17 Emergency Operations Plan

[HISTORY: Derived from Ch. 2, Art. 8, of the prior Code. Amendments noted where applicable.]

§ 17-1 Purpose.

A. The Town of Milton Emergency Operations Plan (TMOP), with its annexes and other attachments, provides a basis for coordinated emergency operations throughout the Town of Milton prior to, during and after a disaster, caused or natural.

B. This plan further provides planning guidance on civil defense emergency operations for the department and agencies of the Town as required by the Basic Civil Defense Law outlined in the Delaware Code Annotated, Title 20, Part II, Chapter 31.[1]

[1] Editor's Note: See 20 Del. C. § 3101.

§ 17-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CIVIL EMERGENCY

Any natural disaster or man-made calamity, actual or imminently potential, including flood, conflagration, cyclone, tornado, earthquake or explosion resulting in a substantial danger of death or injury of persons or the destruction of property within the corporate limits of the Town of Milton to such an extent that extraordinary measures must be taken to protect the public health, safety, and welfare.

CURFEW

A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Town of Milton, excepting persons officially designated to duty with reference to said civil emergency.

§ 17-3 Proclamation of civil emergency by Mayor.

When, in the judgment of the Mayor or, in his absence the Vice Mayor, of the Council a civil emergency, as defined herein, is deemed to exist, he shall forthwith proclaim in writing the existence of same.

§ 17-4 Imposition of curfew by Mayor.

After proclamation of a civil emergency, the Mayor or the Vice Mayor, as the case may be, may order a general curfew applicable to such geographical areas of the Town or to the Town as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.

§ 17-5 Additional authority of Mayor.

After proclamation of a civil emergency, the Mayor or the Vice Mayor, as the case may be, may also in the interest of public safety and welfare make any or all of the following orders:

A. Order the closing of all retail liquor stores.

B. Order the closing of all taverns.

C. Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor, wine and/or beer is permitted.

D. Order the discontinuance of the sale of intoxicating liquor, wine and/or beer.

E. Order the discontinuance of selling, distributing, or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

F. Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.

G. Order the temporary closing of any or all streets, alleys or other public ways in the Town of Milton.

H. Issue such other orders as are immediately necessary for the protection of life and property.

§ 17-6 Public notice of proclamation.

Should the Mayor or Vice Mayor of the Council deem it necessary to invoke any or all of the provisions of §§ 17-3 to 17-5, inclusive, he shall give notice of same by means of a written proclamation, publicly posted in Town Hall and issued to news media for immediate dissemination to the public.

§ 17-7 Violations and penalties.

Any person violating the provisions of this chapter or an executive order issued pursuant thereto shall be guilty of an offense against the Town of Milton and shall be punishable by a fine not exceeding $100 and/or imprisonment for a period of not to exceed 30 days, or both.