This article shall be known and may be cited
and referred to as the "Emergency Management Regulations of the City
of Saco."
[Amended 1-8-2001]
A.
It is the intent and purpose of this article to establish
an office that will ensure the complete and efficient utilization
of all Saco facilities to prepare for and respond to disasters, natural
or man-made, enemy attack or other disasters as defined herein.
B.
The Office of Emergency Management will be the coordinating
agency for all activity in connection with emergency planning. It
will be the instrument through which the community officials may exercise
the authority and discharge the responsibilities vested in them in
Title 37-B, M.R.S.A. § 781-834.
C.
This article will not relieve any City department
of its normal responsibilities or authority given to it in the City
Charter or by local ordinance, nor will it adversely affect the work
of any volunteer agency organized for relief in disaster emergencies.
As used in this article, the following terms
shall have the meanings indicated:
A direct or indirect assault against the City, its government,
its environs or the nation by the forces of a hostile nation or the
agents thereof, including assault by bombing, radiological, chemical
or biological warfare or sabotage.
The Director of the Office of Emergency Management for the
City of Saco as described in this article. The City Administrator
appoints the position and the Council approves.
[Amended 1-8-2001]
The Deputy Director of the Office of Emergency Management
for the City of Saco; reports to the Director of the Office of Emergency
Management for the City of Saco and, in the Director's absence, reports
to the City Administrator. The City Administrator appoints this position.
[Added 1-8-2001]
Includes, but is not limited to, actual or threatened enemy/terrorist
attack, sabotage, extraordinary fire, flood, storm, epidemic, radiological,
hazardous incident or other impending or actual calamity endangering
or threatening to endanger life, health or property or constituted
government.
[Amended 1-8-2001]
In its broad meaning, shall mean to carry out the basic government
functions of maintaining the public peace, health and safety during
an emergency. This shall include plans and preparations for protection
from and relief, recovery and rehabilitation from the effects of a
natural or a man-made disaster on the community. It shall also include
such activity in connection with an enemy attack as defined herein.
It shall not, however, include the activity that is the primary responsibility
of the military forces of the United States.
The employees, equipment and facilities of all City departments,
boards, institutions and commissions, and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by or
obtained from volunteer persons or agencies.
Any person duly registered, identified or assigned to participate
in the emergency management activity.
Includes plans, programs and other emergency procedures deemed
essential to emergency management in preserving life and property.
[Amended 1-8-2001]
Contributing a service, equipment or facilities to the City's
Emergency Management effort, without expectation of compensation.
[Amended 1-8-2001]
[Amended 1-8-2001]
A.
The City Administrator is hereby authorized and directed
to create an organization for emergency management, utilizing, to
the fullest extent, the existing agencies within the community. The
City Administrator, as head of the municipal government, shall be
responsible for the organization, administration and operation of
emergency forces.
B.
The organization shall consist of the following:
(1)
An Office of Emergency Management within the executive
department of the City government and under the direction of the City
Administrator. There shall be an executive head of the Office of Emergency
Management, who shall be known as the "Director of Emergency Management,"
and such assistants and other employees as are deemed necessary for
the proper functioning of the organization.
(2)
The employees, equipment and facilities of all City
departments, boards, institutes and commissions, who or which shall
participate in the emergency management activity. Duties assigned
to the City department shall be the same or similar to the normal
duties of the department.
(3)
Volunteer persons and agencies offering services to
and accepted by the City.
C.
The City Administrator shall appoint a Director of
the Office of Emergency Management, who shall be 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 disaster or enemy action
as defined in this article.
D.
The City Administrator shall designate and appoint a person or persons to assume the emergency duties of the Director in the event of his/her absence or inability to act. This designation shall be compatible with the provisions of Section 2.06 of the City Charter. The intent is that there will always be a representative of the City Council in charge of the City.
[Amended 1-8-2001]
A.
The Mayor.
(1)
The Mayor or designee may exercise the emergency power and authorize the City mobilization necessary to fulfill their general powers and duties defined in Section 2.07 of the City Charter. The judgment of the Mayor shall be the sole criteria necessary to invoke emergency powers provided in the City Charter, the Code and other appropriate authorities.
(2)
During the time that disaster threatens or when the
City has been struck by disaster within the definition of this article,
the Mayor or his designee may promulgate such regulations as deemed
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 management
forces or to facilitate the mass movement of persons from critical
areas within the City.
(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)
Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and uttered by newspaper and radio. These regulations will have the force of ordinance when duly filed with the City Clerk, and violations will be subject to the penalties provided in § 4-33B of this article.
(4)
The Mayor or his designee shall order emergency management
forces to the aid of other communities when required in accordance
with the statutes of the state, and the Mayor or his designee may
request the state or political subdivision of the state to send aid
to the City if any emergencies are beyond the control of the local
emergency management forces.
(5)
The Mayor or his designee may obtain vital supplies,
equipment and other properties that are needed for the protection
of health, life and property of the people and bind the City for the
fair market value thereof.
(6)
The Mayor or his designee may require emergency services
of any City officer or employee. If regular City forces are determined
inadequate, the Mayor or his designee may require the services of
such other personnel as are available, including citizen volunteers.
All duly authorized persons rendering emergency services shall be
entitled to the privileges and immunities as are provided by state
law, the City Charter and ordinances for regular City employees and
other registered and identified emergency management and disaster
workers and, upon demand, may receive appropriate compensation for
their emergency employment.
(7)
The Mayor or his designee shall cause to be prepared
the Basic Plan as referred to in this article and shall exercise ordinary
powers as Mayor or his designee; also, all the special powers conferred
upon him/her by any statute and any other lawful authority.
B.
Emergency Management Director: The Emergency Management
Director shall be responsible to the City Administrator in regard
to all phases of the emergency management activity. Under the supervision
of the City Administrator, the Director shall be responsible for the
planning and coordination of the emergency management activity in
the City. Under the supervision of the City Administrator, the Director
shall maintain liaison with county, state and federal authorities
and the authorities of other nearby political subdivisions as to ensure
the most effective operation of the Emergency Management Plan. Duties
shall include, but are not limited to, the following:
(1)
Coordinating the recruitment of volunteer personnel
and agencies to augment the personnel and facilities of the City for
emergency management.
(2)
Developing and coordinating plans for the immediate
use of all of the facilities, equipment, manpower and other resources
of the City for the purpose of minimizing or preventing damage to
persons and property and protecting and restoring to usefulness government
services and public utilities necessary for the public health, safety
and welfare.
(3)
Negotiating and concluding agreements with owners
or persons in control of buildings or other property for the use of
such buildings or other property for emergency management purposes
and designating suitable buildings as public shelters.
(4)
Through public informational programs, educating the
civilian population as to actions necessary and required for the protection
of their persons and property in case of disaster or enemy attack,
as defined herein, either impending or present.
(5)
Coordinating public awareness programs to ensure the
efficient operation of the emergency management forces and to familiarize
residents with emergency management regulations, procedures and operations.
(6)
Coordinating the activities of all public and private
agencies engaged in any emergency management activity.
(7)
Assuming such authority and coordinating such activity
as the City Administrator may direct to promote and execute the Emergency
Management Plan.
[Amended 1-8-2001]
A.
A comprehensive Emergency Management Basic Plan shall
be adopted and maintained, by resolution of the City Council, upon
the recommendation of the Mayor. In the preparation of this plan as
it pertains to the City organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and
agencies shall be utilized to the fullest extent. When approved, it
shall be the duty of all municipal departments and agencies to perform
the functions assigned by the plan and to maintain their portion of
the plan in a current state of readiness at all times. The Basic Plan
shall be considered supplementary to this article and have the effect
of law whenever a disaster, as defined in this article, has been proclaimed.
B.
The Mayor or designee shall prescribe in the Basic
Plan those positions within the disaster organization in addition
to lines of successions. In each instance, the responsible person
will designate and keep on file with the Mayor and City Administrator
a current list of three persons as successors to his/her position.
The list will be in order of succession and will, as nearly as possible,
designate persons best capable of carrying out all assigned duties
and functions.
C.
Each department head assigned responsibility in the
Basic Plan shall be responsible for carrying out all duties and functions
assigned therein. Duties shall include the organization and training
of assigned employees and volunteers. Each department head shall formulate
the operational plan. When approved, the operational plan shall be
an annex to and a part of the Basic Plan.
D.
Amendments to the Basic Plan shall be submitted to
the Mayor or designee and, if approved, such amendments shall take
effect 30 days from the date of approval. In the event that an amendment
is pending at the time that a disaster is proclaimed under provisions
of this article, the amendment will be considered approved immediately
and will remain effective unless specifically revoked.
E.
When a required competency or skill for a disaster
function is not available within the City government, the Mayor or
designee is authorized to seek assistance from persons outside of
government. The assignment of duties, when of a supervisory nature,
shall also grant authority for the persons so assigned to carry out
such duties prior to, during and after the occurrence of a disaster.
Such services from persons outside of government may be accepted by
the City on a volunteer basis. Such citizens shall be enrolled as
emergency volunteers in cooperation with heads of City departments
affected.
F.
Some of the duties ascribed in this section will ordinarily
be handled as a matter of routine by the Emergency Management Director,
but the responsibility and authority stem from and remain with the
Mayor or designee.
A.
This article is an exercise by the City of Saco of
its governmental functions for the protection of the public peace,
health and safety, and neither the City nor agents and representatives
of the City or any individual, receiver, firm, partnership, corporation,
association or trustee or any of the agents thereof, in good faith
carrying out, complying with or attempting to comply with any order,
rule or regulation promulgated pursuant to the provision of this article,
shall be liable for any damage sustained to persons or property as
the result of such activity.
B.
Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants the City
the rights to inspect, designate and use the whole or part or parts
of such real estate or premises for the purpose of sheltering persons
during an actual, impending or practice disaster or an enemy attack
shall not be civilly liable for the death of or injury to any persons
on or about such real estate or premises under such license, privilege
or other permission or for loss of or damage to the property of such
person.
A.
It shall be unlawful for any persons to violate any
of the provisions of this article or of the regulations or plans issued
pursuant to the authority contained herein or to willfully obstruct,
hinder or delay any member of the Emergency Management Organization,
as herein defined, in the enforcement of the provisions of this article
or any regulation or plan issued thereunder.
B.
Any person, firm or corporation violating any provision
of this article or any rule or regulation promulgated thereunder,
upon conviction thereof, shall be punished by a fine of $100, plus
the costs of prosecution, or imprisonment in the York County Jail
for a period of not more than 30 days, or both such fine and imprisonment,
in the discretion of the court.
