[HISTORY: Adopted by the Town of Kennebunkport 11-3-2020. Amendments noted where applicable.]
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,[1] 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.
[1]
Editor's Note: See Ch. 5, Administrative Code, § 5-11.
A. 
The Kennebunkport Emergency Management Agency is hereby established under the direction of the Town Manager. The Town Manager shall be responsible for the Agency's organization, administration and operation utilizing to the fullest extent possible the existing departments within the Town, and maintaining a liaison with other local, regional and/or state emergency management and public safety agencies.
B. 
The Director shall be the executive head of the Emergency Management Agency. The Director shall be appointed by the Board of Selectmen and work under the direction of the Town Manager as prescribed in the Town's Administrative Code.[1]
[1]
Editor's Note: See Ch. 5, Administrative Code, § 5-11.
A. 
The Chair of the Board of Selectmen, in consultation with the Town Manager, shall have the power and authority 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 Board Chair is temporarily absent from the Town or otherwise unavailable, the Vice Chair of the Board of Selectmen may, after consultation with the Town Manager, issue the proclamation that an emergency exists. If neither the Board Chair nor Vice Chair 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 Town Manager; the Police Chief; the Fire Chief; the Emergency Management Director; the Public Works Director. A copy of the proclamation shall be filed within 24 hours in the office of the Town Clerk.
B. 
The Town Manager and the Director shall be responsible for reporting to the Board of Selectmen all actions taken as a result of the declared emergency as soon as the Board of Selectmen can be convened.
A. 
When the Chair of the Board of Selectmen, in consultation with the Town Manager, 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 Town covered by the original proclamation, or any part thereof. If the Board Chair is temporarily absent from the Town or otherwise unavailable, the Vice Chair of the Board of Selectmen may, after consultation with the Town Manager, issue the proclamation terminating the emergency proclamation. That proclamation terminating the emergency shall be filed in the office of the Town Clerk.
B. 
No state of emergency may continue for longer than seven days unless renewed or extended by the Board of Selectmen.
A. 
During any period when an emergency proclamation is in effect, when an emergency or disaster exists or appears imminent, or when the Governor has proclaimed a disaster pursuant to 37-B M.R.S.A. § 742, the Town Manager may promulgate such regulations as he/she deems necessary to protect life and property and to preserve critical resources.
(1) 
Such regulations may include, but are not limited to, the following:
(a) 
Regulations prohibiting or restricting the movement of vehicles in areas within or outside of the Town;
(b) 
Regulations facilitating or restricting the movement of persons within the Town;
(c) 
Regulations pertaining to the movement of persons from areas deemed hazardous or vulnerable to disaster within the Town;
(d) 
Regulations governing the use of Town-owned or Town-managed property and facilities; or
(e) 
Such other regulations necessary to preserve public peace, health and safety.
(2) 
Nothing in this section shall be construed to limit the authority or responsibility of any department or Town official to proceed under powers and authority granted to them by state statute, Town ordinance or the Town's Administrative Code.[1]
[1]
Editor's Note: See Ch. 5, Administrative Code.
B. 
The Town Manager, in consultation with the Board Chair, or the Vice Chair if the Board Chair is unavailable, shall have the authority to:
(1) 
Order the evacuation of persons from hazardous areas within the Town.
(2) 
Request aid or assistance from the State or any of the State's political subdivisions, and render assistance to other political subdivisions pursuant to the provisions of 37-B M.R.S.A. § 781 et seq.
(3) 
Obtain vital supplies, equipment, and other items found lacking and necessary for the protection of health, life, and property.
C. 
The provisions of this section shall terminate at the end of the declared emergency.
A. 
The Director, in consultation with the Town Manager, shall prepare a comprehensive emergency operations plan for the Town which shall be submitted to the Board of Selectmen for approval.
B. 
It shall be the responsibility of all municipal departments to perform the functions assigned and to maintain their portions of the plan in a current state of readiness. The emergency operations plan shall be reviewed and updated periodically by the Director in conjunction with the Town Manager for compliance with state law, 37-B M.R.S.A. § 781 et seq.
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.