Town of Appomattox, VA
Appomattox County
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[HISTORY: Adopted by the Town Council of the Town of Appomattox 4-11-1994 as Ch. 26 of the 1994 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
Administration — See Ch. 5.
Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Code of Virginia, § 44-146.13 et seq.; powers and duties of political subdivisions, Code of Virginia, § 44-146.19.
In order to develop and maintain an emergency services organization to ensure that preparations are adequate to deal with disaster or emergencies resulting from enemy attack, sabotage or other hostile action, man-made disaster, resource shortage, fire, flood, earthquake or other natural cause and generally to protect the public peace, health and safety and to preserve the lives and property and economic well-being of the people, it is found and declared to be necessary to provide and authorize an office of emergency services pursuant to the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Code of Virginia, § 44-146.13 et seq.).
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Director of Emergency Services.
The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from natural or man-made disasters, together with all other activities necessary or incidental to the preparation for and carrying out of such functions. These functions include, without limitation, fire fighting services; police services; medical and health services; rescue; engineering; warning services; communications; radiological, chemical and other special weapons defense; evacuation of persons from stricken areas; emergency welfare services, emergency transportation; emergency resource management; existing or properly assigned functions of plant protection; temporary restoration of public utility services; and other functions related to civilian protection. These functions also include the administration of approved state and federal disaster recovery and assistance programs.
The condition declared by the Town Council pursuant to § 10-7 when, in its judgment, the threat or actual occurrence of a disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. However, a local emergency arising wholly or substantially out of a resource shortage may be declared only by the governor, upon petition of the Town Council, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. Nothing in this article shall be construed as prohibiting the Town Council from the prudent management of its water supply, in the absence of a declared state of emergency, to prevent a water shortage.[1]
State law reference: Similar provisions, Code of Virginia, § 44-146.16(6).
The Mayor of the Town of Appomattox is designated as the Director of Emergency Services.
State law references: Town Director of Emergency Services, Code of Virginia, § 44-146.19.
The Director of Emergency Services shall be responsible for organizing emergency services and directing emergency operations through the regularly constituted government structure and shall utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the Town to the maximum extent practicable. The officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Director upon request.
The coordinator of emergency services shall be the Town Manager. He shall coordinate and administer emergency services operations in the Town on a day-to-day basis.
The Director of Emergency Services shall prepare or cause to be prepared and kept current a local emergency operations plan. He may, in collaboration with other public and private agencies within this commonwealth or within an adjacent state, develop or cause to be developed mutual aid agreements for reciprocal assistance in a disaster or an emergency too great to be dealt with unassisted.
State law reference: Similar provisions, Code of Virginia, § 44-146.19 D and E.
A local emergency may be declared by the Director of Emergency Services, with the consent of the Town Council. If the Town Council cannot convene due to the disaster or other exigent circumstances, the Director or coordinator or any member of the Town Council, in the absence of the Director and coordinator, may declare the existence of a local emergency, subject to confirmation by the Town Council at its next regularly scheduled meeting or at a special meeting within 14 days of the declaration, whichever occurs first. The Council, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.
A declaration of a local emergency shall activate the response and recovery programs of all applicable local and interjurisdictional emergency operations plans and authorize the furnishing of aid and assistance thereunder.
State law reference: Similar provisions, Code of Virginia, § 44-146.21.
Any person causing or contributing to an emergency or disaster shall be responsible for all expenses incurred by the Town in responding to, controlling and handling such emergency or disaster. Such expenses may include but not be limited to equipment cost; material; hazardous material; emergency response operations; immediate accident or incident site cleanup costs; all expenses incurred in preventing or alleviating damage, loss, hardship or suffering caused by accidents or incidents involving hazardous materials; and any other incidents beyond hostile fires or medical emergencies. The local coordinator of emergency services is authorized to seek such reimbursement by any legal means, including civil process in the appropriate courts in the commonwealth.