[HISTORY: Adopted by the Special Town Meeting of the Town of Topsham 5-24-2006,
Art. 17. Amendments noted where applicable.]
It is the intent and purpose of this chapter 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 Town's facilities and resources to combat disaster as defined
herein.
The following definitions shall apply in the interpretation of this
chapter:
The director of the Town of Topsham Emergency Management Agency,
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 agency created under this chapter 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 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.
A.
The Town Manager shall be responsible for the Agency's
organization, administration and operation. The Town Manager may employ such
permanent or temporary employees as he deems necessary and prescribe their
duties.
B.
The Board of Selectmen shall review the existing operational
organization to ascertain the Agency's ability to cope with its responsibilities
and shall approve the Town's Emergency Operations Plan.
The Board of Selectmen shall appoint an Emergency Management Director,
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 emergency management agencies, public safety agencies,
and have such additional duties as prescribed by the Town Manager.
The Emergency Management Director shall prepare, under the direction
of the Town Manager, such policies as may be deemed necessary for the administration
and operational requirements of the Agency, which policies must be approved
by the Board of Selectmen prior to becoming effective.
A.
The Town Manager shall have the power and authority,
after consultation with the Chairperson of the Board of Selectmen, 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 Town Manager is temporarily
absent from the Town or otherwise unavailable, the person designated by the
Town Manager may issue the proclamation that an emergency exists. If neither
the Town Manager nor the person designated to act in the Town Manager's
absence 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 Public Works Director. A copy of such proclamation shall
be filed within twenty-four (24) hours in the office of the Town Clerk.
B.
Notwithstanding the above, when consultation with the
Chairperson of the Board of Selectmen would result in a substantial delay
in an effective response in alleviating or preventing an emergency or disaster,
the Town Manager, or his successor as outlined above, is authorized to take
whatever actions are necessary to prevent the loss of life and property in
the Town.
C.
The Town Manager and the Emergency Management Director
shall be responsible for submitting a full report to the Board of Selectmen
of all actions taken as a result of the declared emergency as soon as the
Board of Selectmen can be convened.
A.
When the Town Manager or his successor as outlined above
is satisfied that a disaster or civil emergency no longer exists, he shall
terminate the emergency proclamation by another proclamation affecting 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
(5) days unless renewed by the Board of Selectmen.
A.
During any period when an emergency proclamation is in
effect, the Town Manager may promulgate such regulations as he deems 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 them by state statute, Town ordinance or the Charter
of the Town of Topsham.
C.
The Town Manager or his designee may order the evacuation
of persons from hazardous areas within the Town.
D.
The Town Manager or his 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 subdivisions under
the provisions of 37-B M.R.S.A.
E.
The Town 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 Town, which shall be submitted
to the Board of Selectmen for approval. The EOP shall incorporate the principles
of the National Emergency Management System (NIMS) and the Incident Command
System (ICS).
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 Town Manager in conjunction with all the Town 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.
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 Workmen's Compensation Act, 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 Emergency Management Agency forces
as herein defined in the enforcement of the provisions of this chapter or
any regulation or plan issued hereunder.
Any person, firm or corporation violating any provision of this chapter
or any rule or regulation promulgated hereunder, upon conviction thereof,
shall be punished by a fine of not less than one hundred dollars ($100.00)
and not more than five hundred dollars ($500.00) and the costs of prosecution.
Should any provisions 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.
At all times when an emergency proclamation is in effect, the orders,
rules and regulations made and promulgated pursuant to this chapter shall
supersede all existing ordinances, orders, rules and regulations, insofar
as the latter may be inconsistent herewith.
