Town of North Brentwood, MD Executive Orders

Whenever a riot, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake or other natural catastrophe, epidemic or disaster occurs in the Town and results in or threatens to result in the death or injury of persons or the destruction of property or the disruption of local government to such extent as to require, in the judgment of the President, extraordinary measures to prevent the death or injury of persons and to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the Mayor shall forthwith proclaim the existence of a municipal emergency.

Such civil emergency shall cease to exist within 30 days or before upon the issuance of an executive order by the Mayor or by a resolution passed by a unanimous vote of all the members present and voting of the Council terminating the same. Such proclamation shall be issued by the Mayor or by a resolution passed by a unanimous vote of all the members of the Council present and voting when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare. Before a civil emergency is declared terminated, either by proclamation by the Mayor or by a resolution as stated herein, the Mayor or Council will consult with the Town's Police Chief or other designated county emergency response or police official to determine if there are any fiscal, public safety response or disaster recovery imperatives that require the continuation of emergency measures.

Any such executive order of a civil emergency by the Mayor shall, within 72 hours of issuance of the proclamation or as soon as practical, at the earliest practicable time, be filed with the Town Clerk for presentation to the Council for possible ratification and confirmation, modification, or rejection. The Council may, by resolution, modify or reject the proclamation, and if rejected, it shall be void. If the Council modifies or rejects the proclamation, said modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of the proclamation. The Council may convene and act on any proclamation of civil emergency within 72 hours of its being presented to the Council by the Mayor. Except with the consent of the governing body of the political subdivision, a local state of emergency may not continue or be renewed for longer than 30 days pursuant to state law.

Except as limited by Section 411(f) of the Town Charter, upon the executive order of a civil municipal emergency by the Mayor, and during the existence of such civil emergency, the Mayor may, in a form that meets the requirements of this article, make, and proclaim, any or all of the following orders:

(1)

An order imposing a general curfew applicable to the Town as a whole, or to such geographical area or areas of the Town and during such hours as he deems necessary, which effective hours and affected area or areas may be modified from time to time.

(2)

An order requiring any or all business establishments to close and remain closed until further order.

(3)

An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed, provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the Mayor, be allowed to remain open.

(4)

An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the Town.

(5)

An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the Town.

(6)

An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

(7)

An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed, provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the Mayor, be allowed to remain open;

(8)

An order closing to the public any or all public places, including streets, alleys, sidewalks, public ways, schools, parks, shorelines, amusement areas, and public buildings, provided that such an order is supplementary to and consistent with county, state and federal orders relating such closures.

(9)

An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.

(10)

An order requesting federal, state and/or county assistance in combating such civil emergency.

(11)

An order establishing economic controls in aid of and supplementary to and consistent with state and federal orders relating to price stabilization or controls, including: the convening and establishing of rations; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities.

(12)

An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons.

(13)

An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency.

(14)

An order providing for the evacuation and reception of the population of the Town or any part thereof.

(15)

An order to set evacuation routes and the modes of transportation to be used during an emergency and to direct the control of ingress to and egress from an emergency area, the movement of individuals in the area, and the occupancy of premises in the area.

(16)

An order to authorize the use of private property, in which event the owner of the property shall be compensated for its use and for any damage to the property.

(17)

An order to provide for temporary housing for Town residents.

(18)

An order to authorize the clearance and removal of debris and wreckage.

(19)

An order to control traffic and suspend or alter parking regulations within the Town.

(20)

An order, if medically necessary and reasonable, to appoint a public health officer, and to define and regulate his or her powers and duties, and to prevent and remove all nuisances, and to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or conditions detrimental to health.

(21)

An order, if medically necessary and reasonable, to treat, prevent, or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent. The Mayor may designate a health official to:

(a)

Require individuals to submit to medical examination or testing;

(b)

Require individuals to submit to vaccination or medical treatment unless the vaccination or treatment likely will cause serious harm to the individual;

(c)

Establish places of treatment, isolation, and quarantine; or

(d)

Require individuals to go to and remain in places of isolation or quarantine until the designated official determines that the individuals no longer pose a substantial risk of transmitting the disease or condition to the public.

(22)

An order to derogate or modify express charter or ordinance provisions for supervising, conducting, keeping the polls open, canvassing or postponing a municipal election or to prescribe the method or means of conducting a municipal election.

(23)

An order abrogating or modifying any relevant and existing ordinance, resolution, rule, regulation, charter provision or other time or act of an event described within any state or local statute, ordinance, rule or regulation that the Town adopts or administers to allow for extensions of legal or procedural deadlines, permits, licenses, registrations, nomination certificates or other permissions, deadlines or mandated filings to extend or avoid lapsing of same for a period of time extending for up to 30 days after the emergency.

(24)

An order modifying employee salaries, except employees who hold a Town office, or hiring additional employees necessary for the purpose of meeting the emergency.

(25)

Such other orders as are imminently necessary for the protection of life and property.

The powers of the Mayor under this section are in addition to any other authority vested in the Chief Executive Officer of a municipal corporation by law; provided, however, that any such order(s) shall, within 72 hours of issuance of the order or as soon as practical at the earliest practicable time, be filed with the Clerk to the Council and presented to the Council for ratification and confirmation, modification, or rejection, and if rejected, shall be void.

The Council shall consider the statements and provisions set forth in this chapter, and may, by resolution, modify, ratify, amend, or reject the order. If the Council modifies, amends, or rejects the order, said modification, amendment or rejection shall be prospective only, and shall not affect any actions taken prior to the modification, ratification, amendment, or rejection of the order. The Council shall endeavor to act on any order within 72 hours of its being presented to the Council by the Mayor; however, should the Council fail to act, the Mayor's order will remain in effect throughout the duration of the declared emergency.