[HISTORY: Adopted by the Town Meeting of the Town of Frye
Island 10-11-2003 TM by Art. 12 (Ch. 114). Amendments noted where applicable.]
It is the intent and purpose of this chapter to establish an
Office of Civil Emergency Management and Preparedness 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 Town's
facilities and resources to combat disaster as defined herein.
The following definitions shall apply in the interpretation
of this chapter:
The preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to minimize injury and minimize and repair damage resulting
from disasters or catastrophes caused by enemy 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, law enforcement, medical and health, rescue, engineering,
warning 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 preparation for the carrying out of
these functions.
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.
The Director of the Town of Frye Island Office of Emergency
Management and Preparedness, appointed as prescribed in this chapter.
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, wave action, oil spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
critical material shortage, infestation, explosion or riot.
The Office of Emergency Management and Preparedness as established
by this chapter.
A.
The municipal officers shall be responsible for the bureau's organization,
administration and operation. The municipal officers may employ such
permanent or temporary employees as they deem necessary and prescribe
their duties.
B.
The municipal officers shall review the existing operational organization
on a periodic basis to ascertain the bureau's ability to cope with
its responsibilities and shall approve the Town's emergency operations
plan.
The municipal officers shall appoint the Fire Chief as Director
of the Office, who shall coordinate the activities of all Town departments,
organizations and agencies for civil emergency preparedness within
the Town and maintain a liaison with other civil preparedness agencies,
public safety agencies, and have such additional duties as prescribed
by municipal officers.
The Director shall prepare such policies as may be deemed necessary
for the administration and operational requirements of the Office,
which policies must be approved by municipal officers prior to becoming
effective.
A.
The municipal officers 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
municipal officers are temporarily absent from the Town 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 Director, if he is unavailable, the Town
Manager, and as a third option, one of the two Assistant Directors.
A copy of such proclamation shall be filed within 24 hours in the
office of the Town Clerk.
B.
Notwithstanding the above, when consultation with the municipal officers
would result in a substantial delay in an effective response in alleviating
or preventing an emergency or disaster, the Director is authorized
to take whatever actions are necessary to prevent the loss of life
and property in the Town.
C.
The Director shall be responsible for submitting a full report to
the municipal officers of all actions taken as a result of the declared
emergency as soon as possible.
A.
When municipal officers are satisfied that a disaster or civil emergency
no longer exists, they shall terminate the emergency proclamation
by another proclamation addressing the sections of the Town covered
by the original proclamation, or any part thereof. Said termination
of emergency shall be filed in the office of the Town Clerk.
B.
No state of emergency may continue for longer than five days unless
renewed by the municipal officers.
A.
During
any period when an emergency or disaster exists or appears imminent,
the municipal officers may promulgate such regulations as they deem
necessary to protect life and property and to preserve critical resources
within the purposes of this chapter. 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 Town.
(2)
Regulations facilitating or restricting the movement of persons within
the Town.
(3)
Regulations pertaining to the movement of persons from hazardous
areas within the Town.
(4)
Such
other regulations necessary to preserve public peace, health and safety.
B.
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.
C.
The municipal officers or their designee may order the evacuation
of persons from hazardous areas within the Town.
D.
The municipal officers 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, M.R.S.A.
E.
The municipal officers may obtain vital supplies, equipment and other
items found lacking and needed for the protection of health, life,
and property.
F.
The provisions of this section will terminate at the end of the declared
emergency.
A.
The Director shall prepare an emergency operations plan for the Town,
which shall be submitted to the municipal officers for approval.
B.
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 Town plan shall be reviewed
periodically by the municipal officers in conjunction with all Town
department heads and the Director.
All members of civil emergency preparedness forces, while engaged
in civil emergency preparedness activities, shall be immune from liability,
as set forth in 37-B M.R.S.A. § 822.
All members of civil 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 (39-A M.R.S.A. § 101 et seq.),
as set forth in 37-B M.R.S.A. § 823
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 civil emergency preparedness organization 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 fine of not more than $500 and the
costs of prosecution. All fines accrue to the Town of Frye Island.
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 and
remain valid notwithstanding such declaration.
Conflicting ordinances, 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.
