[Code 1991, § 2-92(f)]
Violation of or failure to comply with any of the provisions
of this article or of the rules and regulations proclaimed by the
Mayor in connection therewith shall be deemed a misdemeanor.
[Code 1991, § 2-92(a); Ord. No. 07-35, 8-14-2007]
The City Manager shall act as Director of emergency management.
The Assistant City Manager shall act as deputy Director of emergency
management. The Emergency Management Agency shall be the Fredericksburg
Fire Department.
[Code 1991, § 2-92(b); Ord. No. 07-35, 8-14-2007]
The City Manager shall appoint a coordinator of emergency management
activities, with the consent of the City Council. The coordinator
shall direct the preparation and execution of an emergency operations
plan and emergency services in cooperation with the state department
of emergency management.
[Code 1991, § 2-92(d); Ord. No. 07-35, 8-14-2007]
It shall be unlawful to refuse or neglect to obey any rules
and regulations as proclaimed by the Director of emergency management
pursuant to this article or to refuse or neglect to obey any order
of the Director of emergency management in connection therewith, or
any calls made upon any person for aid in enforcing such rules and
regulations.
[Code 1991, § 2-92(e); Ord. No. 07-35, 8-14-2007]
This article shall constitute an exercise by the City of its
governmental functions for the protection of the public peace, health
and safety, and neither the City nor any person responding to the
regulations lawfully proclaimed and published by the Director of emergency
management, or called upon to assist in enforcing such regulations,
shall be liable for damages in connection therewith.
[Ord. No. 07-35, 8-14-2007]
A.
A local emergency may be declared by the Director of emergency management
with the consent of the City Council. If the City Council cannot convene
due to the disaster or other exigent circumstances, the Director,
or, in his absence, the deputy Director, or, in the absence of both
the Director and deputy Director, any member of the City Council,
may declare the existence of a local emergency, subject to confirmation
by the City Council at its next regularly scheduled meeting or at
a special meeting within 14 days of the declaration, whichever occurs
first. The City Council, when in its judgment all emergency actions
have been taken, shall take appropriate action to end the declared
emergency.
B.
A declaration of a local emergency as defined in Code of Virginia,
§ 44-146.16(6), shall activate the local emergency operations
plan and authorize the furnishing of aid and assistance thereunder.
C.
Whenever a local emergency has been declared, the Director of emergency
management, deputy Director, or any member of the City Council in
the absence of the Director, if so authorized by the City Council,
may control, restrict, allocate or regulate the use, sale, production
and distribution of food, fuel, clothing and other commodities, materials,
goods, services and resource systems which fall only within the boundaries
of the City and which do not impact systems affecting adjoining or
other political subdivisions, enter into contracts and incur obligations
necessary to combat such threatened or actual disaster, protect the
health and safety of persons and property and provide emergency assistance
to the victims of such disaster, and proceed without regard to time-consuming
procedures and formalities prescribed by law (except mandatory constitutional
requirements) pertaining to the performance of public work, entering
into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials,
and other expenditures of public funds, provided such funds in excess
of appropriations in the current approved budget, unobligated, are
available. Whenever the governor has declared a state of emergency,
the City, if affected, may, under the supervision and control of the
governor or his designated representative, enter into contracts and
incur obligations necessary to combat such threatened or actual disaster
beyond the capabilities of local government, protect the health and
safety of persons and property and provide emergency assistance to
the victims of such disaster. In exercising the powers vested under
this section, under the supervision and control of the governor, the
City may proceed without regard to time-consuming procedures and formalities
prescribed by law pertaining to public work, entering into contracts,
incurring of obligations, employment of temporary workers, rental
of equipment, purchase of supplies and materials, levying of taxes,
and appropriation and expenditure of public funds.
D.
No interjurisdictional agency or official thereof may declare a local
emergency. However, an interjurisdictional agency of emergency management
shall provide aid and services to the affected political subdivision
authorizing such assistance in accordance with the agreement as a
result of a local or state declaration.
E.
None of the provisions of this article shall apply to the emergency
disaster relief provided by the American Red Cross or other relief
agency solely concerned with the provision of service at no cost to
the citizens of the commonwealth.
