[HISTORY: Adopted by the Town Council of the Town of Sanford 10-17-2006.
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 Sanford Emergency Management Agency,
appointed as prescribed in the Town of Sanford Charter.
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 and 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 Town Council shall review the existing operational
organization to ascertain the Agency's ability to cope with its responsibilities
and approve the Town's Emergency Operations Plan.
The Town Manager shall appoint an Emergency Management Director, confirmed
by the Town Council as prescribed in the Town Charter, 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 and public safety agencies and have such additional duties
as prescribed by the Town Manager.
A.
The Town Manager shall have the power and authority,
after consultation with the Chairperson of the Town 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 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 24 hours in the office of the Town Clerk.
B.
Notwithstanding the above, when consultation with the
Chairperson of the Town Council 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 Town Council of all
actions taken as a result of the declared emergency as soon as the Town Council
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
days unless renewed by the Town Council.
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 it by state statute, Town ordinance or the Charter of
the Town of Sanford.
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 Title 37-B, M.R.S.A.
E.
The Town Manager or his designee 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 Town Council for approval. The EOP shall incorporate the principals 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 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 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.
B.
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 $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 chapter shall
supersede all existing ordinances, orders, rules and regulations, insofar
as the latter may be inconsistent herewith.
