[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:
The Emergency Management Agency as established by this chapter.
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)]
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.
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.
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.
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]
[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.
