[HISTORY: Adopted by the Town Council of the Town of Cumberland 10-23-2006. Amendments noted where applicable.]
It is the intent and purpose of this chapter to establish an emergency management team in compliance and in conformity with the provisions of 37-B M.R.S.A. § 781 et seq. to ensure the complete and efficient utilization of the Town's facilities and resources to combat disaster as defined herein.
The following definitions shall apply in the interpretation of this chapter:
- The Director of the Town of Cumberland's emergency management team, appointed as prescribed in this chapter.
- The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, critical material shortage, infestation, explosion or riot.
- EMERGENCY MANAGEMENT TEAM
- The entire group of Town of Cumberland departments working under this chapter for the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, in order to minimize and repair injury and damage resulting from disasters or catastrophes caused by enemy or terrorist attacks, sabotage, riots or other hostile action or by fire, flood, earthquake or other natural or man-made causes. These functions include, without limitation, firefighting, police, emergency medical services, emergency welfare, rescue, engineering, public warning and communications services, evacuation of persons from stricken areas, allocation of critical materials in short supply, emergency transportation, other activities related to civilian protection and other activities necessary to the preparation for the carrying out of these functions.
- EMERGENCY MANAGEMENT TEAM FORCES
- The employees, equipment and facilities of all Town of Cumberland departments, boards, institutions and commissions, and in addition it shall include all volunteer persons, equipment and facilities contributed by or obtained from volunteer persons or agencies.
The Town Manager shall be responsible for the team's organization, administration and operation. The Town Manager may employ such permanent or temporary employees as he/she deems necessary and prescribe their duties.
The Town Council shall review the existing operational organization to ascertain the team's ability to cope with its responsibilities and shall approve the Town's Emergency Operations Plan.
The Town Manager shall recommend to the Town Council his/her appointment for Emergency Management Director; this appointment will be subject to Council confirmation as outlined in 37-B M.R.S.A. § 782. The Emergency Management Director shall coordinate the activities of all Town departments, organizations and agencies for civil emergency preparedness within the Town and maintain a liaison with other emergency management agencies and public safety agencies and have such additional duties as prescribed by the Town Manager.
The Emergency Management Director shall prepare, under the direction of the Town Manager, such policies as may be deemed necessary for the administration and operational requirements of the team, which policies must be approved by the Town Council prior to becoming effective.
The Town Manager shall have the power and authority, upon consultation with the Council Chairman, to issue a proclamation that an emergency exists whenever a disaster or civil emergency exists or appears imminent. The proclamation may declare that an emergency exists in any or all sections of the Town. If the Town Manager is temporarily absent from the Town or otherwise unavailable, the person designated by the Town Manager may issue the proclamation that an emergency exists. If neither the Town Manager nor the person designated to act in the Town Manager's absence is available, then the following persons shall have the power and authority to issue a proclamation that an emergency exists, in the following order of succession: the Emergency Management Director, the Fire/EMS Chief, the Police Chief, and the Public Works Director. A copy of such proclamation shall be filed within 24 hours in the office of the Town Clerk.
Notwithstanding the above, when consultation with the Council Chairman would result in a substantial delay in an effective response in alleviating or preventing an emergency or disaster, the Town Manager, or his successor as outlined above, is authorized to take whatever actions are necessary to prevent the loss of life and property in the Town. The Town Manager and the Emergency Management Director shall be responsible for submitting a full report to the Town Council of all actions taken as a result of the declared emergency as soon as the Town Council can be convened.
When the Town Manager or his successor as outlined above is satisfied that a disaster or civil emergency no longer exists, he shall terminate the emergency proclamation by another proclamation affecting the sections of the Town covered by the original proclamation, or any part thereof. Said termination of emergency shall be filed in the office of the Town Clerk.
No state of emergency may continue for longer than five days unless renewed by the Town Council.
During any period when an emergency proclamation is in effect, the Town Manager may implement rules and/or regulations as he/she deems necessary to protect life and property and to preserve critical resources within the purposes of this chapter. Such regulations may include, but are not limited to, the following:
Regulations prohibiting or restricting the movement of vehicles in areas within or without the Town.
Regulations facilitating or restricting the movement of persons within the Town.
Regulations pertaining to the movement of persons from hazardous areas within the Town.
Such other regulations necessary to preserve public peace, health and safety.
Nothing in this section shall be construed to limit the authority or responsibility of any department to proceed under powers and authority granted to it by state statute, Town ordinance or the Charter of the Town of Cumberland.
The Town Manager or his designee may order the evacuation of persons from hazardous areas within the Town.
The Town Manager or his designee shall be authorized to request aid or assistance from the state or any political subdivision of the state and may render assistance to other political subdivisions under the provisions of Title 37-B, Chapter 13, of the Maine Revised Statutes Annotated.
The Town Manager may obtain vital supplies, equipment and other items found lacking and needed for the protection of health, life and property during an emergency without following normal purchasing or formal bid procedures.
The provisions of this section will terminate at the end of the declared emergency.
The Emergency Management Director shall prepare an all hazard Emergency Operations Plan (EOP) for the Town, which shall be submitted to the Town Council for approval. The EOP shall incorporate the principles of the National Incident Management System (NIMS) and the Incident Command System (ICS) and shall include those elements required by 37-B M.R.S.A. § 783.
It shall be the responsibility of all municipal departments and agencies to perform the functions assigned and to maintain their portions of the plan in a current state of readiness. The Town plan shall be reviewed periodically by the Town Manager in conjunction with all the Town department heads and the Emergency Management Director.
All emergency management team forces, while engaged in emergency management activities, shall be immune from liability, as set forth in 37-B M.R.S.A. § 822.
All emergency management team forces appointed to specific functions, whether paid or volunteer, shall be deemed to be employees of the Town of Cumberland when engaged in training or on duty and shall have all of the rights of Town employees and will be covered by the Town of Cumberland's workers' compensation insurance for the duration of the training or incident. All persons responding to assist the Town of Cumberland as part of existing mutual aid agreements will be covered by their employer or by the State of Maine under the Workers' Compensation Act as set forth in 37-B M.R.S.A. § 823.
It shall be unlawful for any person to violate any provisions of this chapter or of the regulations or plans issued pursuant to the authority contained herein or to obstruct, hinder or delay any emergency management team forces as herein defined in the enforcement of the provisions of this chapter or any regulation or plan issued hereunder.
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not less than $100 and not more than $500 and the costs of prosecution, including attorney fees.
At all times when an emergency proclamation is in effect, the orders, rules and regulations made pursuant to this chapter shall supersede all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent herewith.