[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 3, Ch. 2 of the 1991 Code. Amendments noted where applicable.]
By reason of the increasing possibility of disasters of unprecedented
size and destructiveness, and to ensure that preparations will be adequate
to cope with such disasters, and to provide for the common defense, to protect
the public peace, health, safety and general welfare and to preserve the lives
and property of the people, it is declared necessary to:
A.
Establish a local emergency management organization.[1]
(1)
The emergency management organization shall be composed
of volunteer members.
(2)
Members of the emergency management organization shall
be deemed employees of the Town of Cedarburg upon the declaration of and during
an emergency and during authorized training exercises for purposes of eligibility
for workers' compensation benefits. All volunteer emergency management members
must duly register with the emergency management organization to be eligible
for said benefits.
(3)
Members of the emergency management organization shall
be indemnified by the Town of Cedarburg against any tort liability to third
persons incurred in the performance of emergency management activities while
acting in good faith and in a reasonable manner during any proclamation or
training exercise. Emergency management activities shall be deemed and constituted
a governmental function.
(4)
Emergency management members may aid and assist the Ozaukee
County Sheriff's Department and Cedarburg Fire Department when officially
called to duty. Recruitment, training, guidance and government are the responsibility
of the Emergency Management Director with the assistance of the county and
state emergency management agencies.[2]
B.
Provide for the exercise of necessary powers during emergencies.
C.
Provide for the rendering of cooperation and mutual aid
between this Town and other political subdivisions.
As used in this chapter, the following terms shall have the meaning
indicated:
Unusable by-products from any chemical and metal processing operations
which often contain toxic or polluting materials that become an environmental
threat if improperly disposed. Examples are digester streams from paper manufacture,
fluorides from aluminum processing, mercury from chlor-alkali cells, tailings
from asbestos production and insecticidal wastes.
All measures undertaken by or on behalf of the Town and its subdivisions
to prepare for and minimize the effect of enemy action upon the civilian population.
Includes civil defense and means all measures undertaken by or on
behalf of the Town and its subdivisions to:
Prepare for and minimize the effect of enemy action and natural or man-made
disaster upon the civilian population, including but not limited to the release
of a hazardous substance, hazardous material, chemical waste or radioactive
waste during transportation.
Effectuate emergency repairs to, or the emergency restoration of, vital
public utilities and facilities destroyed or damaged by such action or disaster.
Any man-made hostile action which threatens the security of this
Town or a portion thereof.
Any material or substance which, if improperly handled, can be damaging
to the health and well-being of man. Such materials cover a broad range of
types which may be classified as follows:
Poisons or toxic agents, including drugs, chemicals and natural or synthetic
products that are in any way harmful, ranging from those that cause death
to skin irritants and allergens.
Corrosive chemicals, such as sodium hydroxide or sulfuric acid, that
burn or otherwise damage the skin and mucous membranes on external contact
or inhalation.
Explosives (q.v) and strong oxidizing agents such as peroxides and nitrates.
Materials in which dangerous heat buildup occurs in storage, either
by oxidation or microbiological action. Examples are fish meal, wet cellulosics
and other organic waste materials.
Radioactive chemicals that emit ionizing radiation (q.v.).
Shall be defined by 42 U.S.C. § 9601(14) and all amendments
and recreations thereof.
Waste containing radioisotopes and spent nuclear reactor fuel.
The movement of a hazardous substance, hazardous material, chemical
waste or radioactive waste, by any mode, and in the case of a hazardous substance
which has been accepted for transportation by a common or contract carrier,
the term "transport" or "transportation" shall include any stoppage in transit
which is temporary, incidental to the transportation movement, and at the
ordinary operating convenience of a common or contract carrier, and any such
stoppage shall be considered as a continuity of movement and not as the storage
of a hazardous substance.
A.
Appointment. The Emergency Management Director, Deputy
Director and Assistant Directors shall be appointed by the Town Chairperson
subject to confirmation by the Town Board and shall receive such compensation
as may be authorized by the Town Board. The Director shall take and file an
official oath.
B.
Duties and authority. The Director shall be the executive
head of the emergency management organization and shall have direct responsibility
for the organization, administration and operation of the emergency management
organization subject to the direction and control of the Town Chairperson
and Town Board. He shall coordinate all activities of emergency management
within the Town and shall maintain liaison and cooperate with the Cedarburg
Fire Department, Ozaukee County Sheriff and his Department, and emergency
management agencies and organizations of other political subdivisions and
of the state and federal government and shall participate in county and state
emergency management activities upon request and shall have such additional
authority, duties and responsibilities as are authorized by this chapter and
as may, from time to time, be required by the Town Board.
C.
General plan. The Director shall prepare a comprehensive
general plan for the emergency management of the Town and shall present such
plan to the Town Board for its approval. It shall be the duty of all municipal
agencies and all emergency management forces of the Town to perform the duties
and functions assigned by the plan as approved. Modification of the plan may
be done by resolution.
A.
Upon the declaration by the Governor, the Town Chairperson
or the Emergency Management Director, in the absence of the Town Chairperson,
or by the Town Board of a state of emergency, the Emergency Management Director
shall issue all necessary proclamations as to the existence of such state
of emergency and shall issue such disaster warnings or alerts as shall be
required in the emergency management plan.
B.
The emergency management organization shall take action
in accordance with the emergency management plan only after the declaration
of an emergency and the issuance of the official disaster warnings. Such state
of emergency shall continue until terminated by the issuing authority, provided
that any such declaration not issued by the Governor may be terminated at
the discretion of the Town Board.
In preparing and executing the emergency management plan, the Director
shall utilize the services, equipment, supplies and facilities of the existing
departments and agencies of the Town to the maximum extent practicable, and
the officers and personnel of all such departments and agencies shall cooperate
with and extend such services and facilities to the Director.
The Emergency Management Director may, subject to the approval of the
Town Board, enter into mutual aid agreements with other political subdivisions.
Copies of such agreements shall be filed with the Administrator of the State
Division of Emergency Management.
Whenever necessary to meet an emergency management emergency for which
adequate regulations have not been adopted by the Town Board, the Town Chairperson
and, in his absence, the Emergency Management Director may, by proclamation,
promulgate and enforce such orders, rules and regulations relating to the
conduct of persons and use of property as shall be necessary to protect the
public peace, health and safety and preserve lives and property and to ensure
the cooperation necessary in emergency management activities. Such proclamations
shall be posted in three public places and may be rescinded by the Town Board
by resolution at any time.
It is unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any order, rule, regulation or plan issued pursuant to this chapter or to do any act forbidden by any order, rule, regulation or plan issued pursuant to the authority contained in this chapter. For a violation of any of the provisions of these sections, he shall be subject to a forfeiture pursuant to Chapter 1, § 1-3 of this Code. Additionally, any person who releases a hazardous substance during transportation shall be liable for:
A.
All costs of removal or remedial action incurred by the
Town of Cedarburg.
B.
Any other necessary costs of response incurred by any
other person.
C.
Damages for injury to, destruction of or loss of natural
resources or any property of any person, firm, company or corporation or any
property of the Town of Cedarburg or any other governmental unit.
