Town of Henlopen Acres, DE
Sussex County
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[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 10-13-1995. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Emergency Services and Disaster Ordinance of the Town of Henlopen Acres."
A. 
In accordance with Chapter 31 of Title 20 of the Delaware Code, the purpose of this chapter is to establish an office that will ensure the complete and efficient utilization of all of the Town's facilities to combat disasters which are defined in this chapter.
B. 
The Office of Local Emergency Planning and Operations for the Town of Henlopen Acres will be the coordinating agency for all emergency service activities; it will be the working force through which the Mayor exercises the authority and discharges responsibilities for the Town of Henlopen Acres.
C. 
This chapter will not relieve any Town department of the responsibilities or authority given to it in the Town Emergency Operations Plan.
The following definitions shall apply in the interpretation of this chapter:
DIRECTOR
The Mayor of the Town of Henlopen Acres appointed to fill the function of Emergency Director/Coordinator.
DISASTER
Includes but is not limited to actual enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending emergencies that endanger health, life of property.
EMERGENCY SERVICES
In its broad meaning, to prepare for and carry out the basic government functions of maintaining the public peace, health and safety during an emergency by employing equipment, facilities and employees of all Town departments and resources of volunteer and quasi-public and private relief organizations.
REGULATIONS
Includes plans, programs and other emergency procedures deemed essential to emergency services.
A. 
The local Director has the authority to create an organization for emergency services utilizing, to the fullest extent, the existing departments within the Town. The Mayor, as Chief Executive of the Town government, can be the Director of Emergency Services of this Town and shall be responsible for the organization, administration and operation.
B. 
The organization shall consist of the following:
(1) 
A local Office of Emergency Planning and Operations is under the authority of the Director. There shall be a local Deputy Director of the Office of Emergency Planning and Operations and such assistants and other employees as are deemed necessary for the organization.
(2) 
The employees, equipment and facilities of all Town departments. The employees, equipment and facilities of all Town departments will participate in the emergency services activity. Duties assigned to a Town department shall normally be the same or similar to routine duties of the department.
(3) 
Volunteer persons and agencies offering services to, and accepted by, the Town.
C. 
The local Director of Emergency Planning and Operations will appoint a person well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this chapter.
D. 
The local Director of Emergency Services shall appoint Deputy Directors to assume emergency duties in the event of his absence. (The intent being that there will, at all times, be a Chief Executive/Director of Emergency Planning and Operations in charge of the Town).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Mayor.
(1) 
The local Director of Emergency Planning and Operations may exercise the emergency powers and authority necessary to fulfill his general powers and duties as vested in him as or by the Chief Executive. The Commissioners may convene to perform the legislative powers as the situation demands and shall receive reports relative to emergency services activities. Nothing in this chapter shall be construed as abridging or curtailing the powers or restrictions of the Commissioners.
(2) 
During any period when disaster threatens or when the Town has been struck by disaster within the definition of this chapter, the Mayor may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include but shall not be limited to the following:
(a) 
Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency services forces or to facilitate the mass movement of persons from critical areas within the Town.
(b) 
Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
(c) 
Such other regulations necessary to preserve public peace, health and safety.
(3) 
The local Director of Emergency Planning and Operations shall order emergency services forces to the aid of other communities when required in accordance with mutual support agreements or state statutes.
(4) 
The local Director of Emergency Planning and Operations may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of people and bind the Town for the fair value thereof.
(5) 
The local Director of Emergency Planning and Operations may require emergency services of any Town officer or employee. If regular Town forces are determined inadequate, the Town Director may require the services of such other personnel as he can obtain and are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities for regular Town employees and other registered and identified emergency services and disaster workers.
(6) 
The local Director of Emergency Planning and Operations shall cause to be prepared a Town Emergency Operations Plan and shall exercise his ordinary powers as Mayor, and all of the powers conferred upon him by the Town Charter or any other lawful authority.
B. 
Local Coordinator of Emergency Services. The local Coordinator/Operations Officer of Emergency Planning and Operations shall be responsible to the Director in regard to all phases of emergency services activities. Under the supervision of the Director, he shall be responsible for the planning, coordination and operation of the emergency services activities in the Town. His duties shall include but will not be limited to the following:
(1) 
Development and coordination of plans for immediate use of all facilities, equipment, manpower and other resources of the Town for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare.
(2) 
Liaison with state and federal authorities and nearby political subdivisions as necessary to ensure most effective disaster preparedness and response capabilities.
(3) 
Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Town for emergency services purposes.
(4) 
Negotiating and concluding agreements with owners or persons in control of buildings or other property for use of such buildings as public shelters.
(5) 
Through public information programs, educating the public in all emergency services matters pertaining to the protection of life and property.
(6) 
Coordinating the activity of all other public and private agencies engaged in emergency services activities.
(7) 
Assuming such activity and conducting such activity as the Director may direct to promote and execute Town emergency services plans and programs.
A comprehensive Emergency Operations Plan shall be developed for adoption by the Commissioners and maintained under authority of the Director. In the preparation of this plan, it is the intent that all services, equipment, facilities and personnel of all departments shall be utilized to the fullest extent. Each department assigned responsibilities in the basic plan shall be responsible for carrying out all duties and functions assigned to them. Each department shall formulate the operational plan for this service which, when approved, shall be an annex and a part of the basic Emergency Operations Plan.