[Adopted 4-24-2006 by Ord. No. 06-146]
It is the intent and purpose of this article
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 the City's facilities and
resources to combat disaster as defined herein.
The following definitions shall apply in the
interpretation of this article:
The Director of the City of Bangor Emergency Management Agency,
appointed as prescribed in this article.
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, nuclear catastrophe, oil spill or other
water contamination requiring emergency action to avert danger or
damage, epidemic, extreme public health emergency pursuant to 22 M.R.S.A.
§ 802, Subsection 2-A, air contamination, blight, drought,
critical material shortage, infestation, explosion, riot, or hostile
military or paramilitary action.
The agency created under this article for the preparation
for and the carrying out of all emergency functions, other than functions
for which military forces are primarily responsible, in order 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, fire fighting,
police, medical and health, emergency welfare, rescue, engineering,
public 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 the preparation for the carrying
out of these functions.
The employees, equipment, and facilities of all City 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.
A.
The City Manager shall be responsible for the Agency's
organization, administration, and operation. The City Manager may
employ such permanent or temporary employees as they deem necessary
and prescribe their duties.
B.
The City Council shall review the existing operational
organization to ascertain the Agency's ability to cope with its responsibilities
and shall approve the City's Emergency Operations Plan.
The City Manager shall appoint an Emergency
Management Director, subject to confirmation by the City Council.
The Emergency Management Director shall coordinate the activities
of all City departments, organizations, and agencies for civil emergency
preparedness within the City and maintain a liaison with other emergency
management and public safety agencies, and have such additional duties
as prescribed by the City Manager.
The Emergency Management Director shall prepare,
under the direction of the City Manager, such policies as may be deemed
necessary for the administration and operational requirements of the
agency, which policies must be approved by the City Council prior
to becoming effective.
A.
The City Manager shall have the power and authority,
after consultation with the Chair of the City Council, 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 City. If the
City Manager is temporarily absent from the City or otherwise unavailable,
the Assistant City Manager may issue the proclamation that an emergency
exists. If neither the City Manager nor the Assistant City Manager
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 Emergency Management Director,
the Fire Chief, the Police Chief, and the City Engineer. A copy of
such proclamation shall be filed within 24 hours in the office of
the City Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Notwithstanding the above, when consultation with
the Chair of the City Council would result in a substantial delay
in an effective response in alleviating or preventing an emergency
or disaster, the City Manager, or their successor as outlined above,
is authorized to take whatever actions are necessary to prevent the
loss of life and property in the City.
C.
The City Manager and the Emergency Management Director
shall be responsible for submitting a full report to the City Council
of all actions taken as a result of the declared emergency as soon
as the City Council can be convened.
A.
When the City Manager, or their successor as outlined
above, is satisfied that a disaster or civil emergency no longer exists,
they shall terminate the emergency proclamation by another proclamation
affecting the sections of the City covered by the original proclamation,
or any part thereof. Said termination of emergency shall be filed
in the office of the City Clerk.
B.
No state of emergency may continue for longer than
five days unless renewed by the City Council.
A.
During any period when an emergency proclamation is
in effect, the City Manager may promulgate such regulations as they
deem necessary to protect life and property and to preserve critical
resources within the purposes of this article. 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 City;
(2)
Regulations facilitating or restricting the movement
of persons within the City;
(3)
Regulations pertaining to the movement of persons
from hazardous areas within the City;
(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 them by state statute, City ordinance,
or the Charter of the City of Bangor.
C.
The City Manager or their designee may order the evacuation
of persons from hazardous areas within the City.
D.
The City Manager or their designee shall be authorized
to request aid or assistance from the state or any political subdivision
of the state and may render assistance to other political subdivision
under the provisions of 37-B M.R.S.A. § 784.
E.
The City Manager may obtain vital supplies, equipment,
and other items found lacking and needed for the protection of health,
life, and property during an emergency without following normal purchasing
or formal bid procedures.
F.
The provisions of this section will terminate at the
end of the declared emergency.
A.
The Emergency Management Director shall prepare an
all-hazard emergency operations plan (EOP) for the City, which shall
be submitted to the City Council for approval. The EOP shall incorporate
the principals of the National Incident Management System (NIMS) and
the Incident Command System (ICS).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 City plan
shall be reviewed periodically by the City Manager in conjunction
with all City department heads and the Emergency Management Director.
All emergency management agency forces, while
engaged in emergency management agency activities, shall be immune
from liability as set forth in 37-B M.R.S.A. § 822.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All 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.
A.
It shall be unlawful for any person to violate any
provisions of this article or of the regulations or plans issued pursuant
to the authority contained herein, or to obstruct, hinder, or delay
any emergency management agency forces as herein defined in the enforcement
of the provisions of this article or any regulation or plan issued
hereunder.
B.
Any person, firm, or corporation violating any provision
of this article or any rule or regulation promulgated hereunder, upon
conviction thereof, shall be punished by a fine of not less than $100
and not more than $500 and the costs of prosecution.
At all times when an emergency proclamation
is in effect, the orders, rules, and regulations made and promulgated
pursuant to this article shall supersede all existing ordinances,
orders, rules, and regulations, insofar as the latter may be inconsistent
herewith.
