City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Westbrook 4-2-2007 by Ord. No. 2007-23 as Ch. 9 of the 2007 Code. Amendments noted where applicable.]
A. 
It is the intent and purpose of this chapter to establish an emergency management agency 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 City's facilities and resources to prevent, prepare for and respond to all hazards, natural and man-made, that may occur in the City of Westbrook and the surrounding region.
B. 
The Emergency Management Agency of the City of Westbrook will be the coordinating agency for all activities involving the response to all hazards, natural and man-made.
The following definitions shall apply in the interpretation of this chapter:
AGENCY
The Emergency Management Agency as established by this chapter.
A. 
The Mayor or designee shall be responsible for the Agency's organization, administration and operation. The Mayor or designee may employ such permanent or temporary employees as he/she deems necessary and prescribe their duties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The City Council shall periodically review the existing operational organization to ascertain the Agency's ability to cope with its responsibilities and shall approve the City's emergency preparedness plan.
DISASTER
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, 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
This chapter and the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters or catastrophes caused by enemy attacks, sabotage, riots, terrorism or other hostile action, or by fire, flood, earthquake or other natural or man-made causes. These functions include, without limitation, firefighting, police, medical and health, emergency welfare, rescue, engineering, 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 PREPAREDNESS FORCES
The employees, equipment and facilities of all City 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.[1]
[1]
Editor's Note: The definition of "Fire Chief" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Director of Emergency Communications and Information Technology shall be the Emergency Management Agency (EMA) Director and shall coordinate the activities of all City departments, organizations and agencies for emergency preparedness within the City and maintain a liaison with other emergency preparedness agencies and public safety agencies, and have such additional duties as prescribed by the Mayor.
B. 
The EMA Director shall prepare, under the direction of the Mayor, such policies as may be deemed necessary for the administration and operational requirements of the Agency, which policies must be approved by the City Council prior to becoming effective.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Mayor shall have the power and authority to issue a proclamation that an emergency exists in any or all sections of the City whenever a disaster or civil emergency exists or appears imminent. If the Mayor is temporarily absent from the City or otherwise unavailable, 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 Council President, City Administrator, Assistant City Administrator, EMA Director, Fire Chief, Chief of Police, and Director of Public Services. A copy of such proclamation shall be filed within 24 hours in the office of the City Clerk.
B. 
Notwithstanding the above, when consultation with the Mayor or President of the City Council would result in a substantial delay in an effective response in alleviating or preventing an emergency or disaster, the City Administrator is authorized to take whatever actions are necessary to prevent the loss of life and property in the City. If the City Administrator is absent from the City or otherwise unavailable, such authority shall be given to the following individuals, in order of succession: Assistant City Administrator, EMA Director, Fire Chief, Chief of Police, and Director of Public Services.
C. 
The City Administrator and EMA Director shall be responsible for submitting a full report to the City Council of all actions taken as a result of the declared emergency as soon as the City Council can be convened.
A. 
When the Mayor or his/her designee is satisfied that a disaster or civil emergency no longer exists, he/she shall terminate the emergency proclamation by another proclamation affecting the sections of the City covered by the original proclamation, or any part thereof. Said termination of emergency shall be filed in the office of the City Clerk.
B. 
No state of emergency may continue for longer than five days unless renewed by the City Council.
A. 
During any period when an emergency or disaster exists or appears imminent, the Mayor or his/her designee may promulgate such regulations as he/she deems necessary, and consistent with the purposes of this chapter, to protect life and property and to preserve critical resources. Such regulations may include, but are not limited to, the following:
(1) 
Regulations prohibiting or restricting the movement of vehicles in areas within or without the City.
(2) 
Regulations facilitating or restricting the movement of persons within the City.
(3) 
Regulations pertaining to the movement of persons from hazardous areas within the City.
(4) 
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, City ordinance or the Charter of the City.
(5) 
The emergency recall of any or all City of Westbrook employees he/she deems essential to the successful mitigation of the incident.
B. 
The Mayor or his/her designee may order the evacuation of persons from hazardous areas within the City.
C. 
The Mayor or his/her designee shall be authorized to request aid or assistance from the state or any political subdivision of the state and shall render assistance to other political subdivisions under the provisions of Title 37-B of the Maine Revised Statutes Annotated.
D. 
The Mayor or his/her designee may obtain vital supplies, equipment and other items found lacking and needed for the protection of health, life and property.
E. 
The provisions of this section will terminate at the end of the declared emergency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The EMA Director shall prepare an emergency operational plan for the City, which shall be submitted to the Mayor and City Council for approval. The emergency plan shall reflect the use of the National Incident Management System (NIMS) as its primary command and control system for all City, county, state and federal agencies. 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 City plan shall be reviewed periodically by the Mayor and City Administrator in conjunction with all City department heads and the EMA Director.
All members of emergency preparedness forces, while engaged in emergency preparedness activities, shall be immune from liability, as set forth in 37-B M.R.S.A. § 822.
All members of emergency preparedness forces shall be deemed to be employees of the state when engaged in training or on duty and shall have all of the rights of state employees under the Workers' Compensation Act, as set forth in 37-B M.R.S.A. § 823.
A. 
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 member of the Emergency Management Agency as herein defined in the enforcement of the provisions of this chapter or any regulation or plan issued thereunder.
B. 
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punished by a fine set forth in Chapter A401, Master Fine Schedule, and the costs of prosecution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Should any provision of this chapter be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or of this chapter as a whole, it being the legislative intent that the provisions of this chapter shall be severable.
At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent herewith.