This chapter shall be known and may be cited and referred to
as the "Emergency Management Ordinance of the Town of Kennebunkport"
authorized under 37-B M.R.S.A. §§ 781 to 834.
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 all of the Town's facilities
and resources to combat disaster as defined herein.
The following definitions shall apply in the interpretation
of this chapter:
DIRECTOR
The Emergency Management Director appointed and supervised
as prescribed in the Town's Administrative Code, and also referred to as the "Emergency Management Agency
(EMA) Director" in the Town's Emergency Operations 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 causes, 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,
blight, drought, critical material shortage, infestation, explosion,
riot or hostile military or paramilitary action.
EMERGENCY MANAGEMENT AGENCY
The agency created 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, 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, medical and health, emergency welfare, rescue, engineering,
air raid warning and communications services; radiological, chemical
and other special weapons defense; evacuation of persons from stricken
areas; economic stabilization; allocation of critical materials in
short supply; emergency transportation; existing or properly assigned
functions of plant protection; other activities related to civilian
protection; and other activities necessary to the preparation for
the carrying out of these functions.
EMERGENCY MANAGEMENT AGENCY FORCES
The employees, equipment and facilities of all Town 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.
All members of the Emergency Management Agency forces, while
engaged in emergency management activities, shall be immune from liability,
as set forth in 37-B M.R.S.A. § 822.
All members of the Emergency Management Agency 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.
It shall be unlawful for any person to violate any of the provisions
of this chapter or of the regulations or plans issued pursuant to
the authority contained herein, or to willfully 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.
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 civil penalty of a minimum of $100
to a maximum of $1,000 per occurrence and the costs of prosecution.
Should any provisions of this chapter be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions of this chapter as a whole, it being the legislative intent
that the provisions of this chapter shall be severable and remain
valid notwithstanding such declaration.
At all times when an emergency proclamation is in effect, the
orders, rules and regulations made and promulgated pursuant to this
chapter shall be in effect, and they shall supersede all existing
ordinances, orders, rules and regulations insofar as the latter may
be inconsistent therewith.