ARTICLE I. - OFFICE OF EMERGENCY MANAGEMENT
Sec. 16-2. Intent and purpose.
Sec. 16-4. Organization and appointments.
Sec. 16-5. Emergency powers and duties.
Sec. 16-6. Violation of regulations.
Sec. 16-9. Conflicting ordinances, orders, rules and regulations suspended.
This Ordinance shall be known and may be cited and referred to as "Emergency Management Ordinance of the Town of Colchester."
(Ord. of 10-25-93)
Sec. 16-2. Intent and purpose.
(a) It is the intent and purpose of this Ordinance to establish an office that will ensure the complete and efficient utilization of all the Town's facilities to combat attacks or other disasters as defined herein.
(b) The Town of Colchester Office of Emergency Management will be the coordinating agency for all activity in connection with emergency management; it will be the instrument through which the Town Manager will exercise the authority and discharge the responsibilities vested in him/her in Title 20, Section 6, V.S.A., as amended, in Chapter 4, Section 404 of the Town Charter, as amended, and this Article.
(c) This Article will not relieve any Town department or contracted service of the responsibilities or authority given to it in the Town Charter or by local ordinance or by State statute nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
(Ord. of 10-25-93)
The following definitions shall apply in the interpretation of this Article:
Attack: A direct or indirect assault against the Town of Colchester, its government, its environs or of the nation by the forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare or sabotage.
Coordinator: The Chairman of the Town of Colchester Office of Emergency Management, appointed as prescribed in this Article.
Director: The Town Manager or his/her designated alternate duly appointed in accordance with Chapter 4, Section 401 of the Town Charter.
Disaster: Includes, but is not limited to, actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual emergency or calamity endangering or threatening to endanger health, life or property or constituted government.
Emergency management: The preparation for and carrying out of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or from flood, fire, storm or other natural causes, or from radiological incidents or hazardous chemical or substance incidents, and the preparation and planning designed to ensure that this Town is prepared to deal with such disasters or emergencies and includes civil defense activities.
Emergency management forces: The employees, equipment and facilities of all Town departments, boards, institutions and commissions or other contracted service (including, but not limited to, fire services); and, in addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
Emergency management volunteer: Any person duly registered, identified and appointed by the Chairman of the Office of Emergency Management and assigned to participate in the emergency management activity.
Regulations: Includes plans, programs and other emergency procedures deemed essential to emergency management.
Volunteer: Contributing a service, equipment or facilities to the emergency management organization without remuneration.
(Ord. of 10-25-93)
Sec. 16-4. Organization and appointments.
(a) The Town Manager is hereby authorized and directed to create an organization for emergency management utilizing to the fullest extent the existing agencies within this Town and a budget to establish funds to support the organization. The Town Manager, as executive head of the municipal government, shall be the Director of the Emergency Management forces of this Town and shall be responsible for its organization, administration and operations.
(b) The organization shall consist of the following:
(1) An Office of Emergency Management within the Executive Department of the Town government and under the Direction of the Town Manager. There shall be an executive head of the Office of Emergency Management, who shall be known as the Coordinator 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 Town departments, boards, institutions and commissions or other contracted service (including, but not limited to, fire services) shall participate in the emergency management activity. Duties assigned to a Town department shall be the same or similar to the normal duties of the Department.
(3) Volunteer persons and agencies offering service to, and accepted by, the Town.
(c) The Emergency Management Director (Town Manager) shall appoint the Coordinator of the Office of Emergency Management (with the consent of the Selectboard) 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 enemy action or disaster as defined in this Article.
(d) The Emergency Management Director shall designate and appoint Deputy Directors to assume the emergency duties of the Director in the event of his/her absence or inability to act. (This designation to be compatible with the provisions of Chapter 4, Section 404 of the Town Charter. The intent being that there will always and at all times be an Emergency Management Director in charge of the Town.)
(Ord. of 10-25-93)
Sec. 16-5. Emergency powers and duties.
(a) The Town Manager (Emergency Management Director):
(1) The Emergency Management Director may exercise the emergency power and authority necessary to fulfill his/her general powers and duties as defined in Chapter 4, Section 404 of the Town Charter. The judgment of the Emergency Management Director shall be the sole criteria necessary to invoke emergency powers provided in the Town Charter, the Ordinance Code and other appropriate authorities. The Town Selectboard shall convene to perform its legislative and administrative powers as the situation demands and shall receive reports relative to emergency management activities.
Nothing in this Article shall be construed as abridging or curtailing the powers or restrictions of the Town Selectboard as defined in Chapter 2, Section 211 of the Town Charter.
(2) During any period when disaster threatens or when the Town has been struck by disaster, within the definition of this Article, the Town Manager may promulgate such regulations as he/she deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following:
a. Implementation of the Town of Colchester Emergency Operations Plan.
b. 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 or without the Town.
c. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
d. Such other regulations necessary to preserve public peace, health and safety.
e. 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 Town Clerk and violations will be subject to the penalties provided in Chapter 1, Section 105 of the Town Charter.
(3) The Emergency Management Director shall order emergency management forces to the aid of other communities when required in accordance with the Statutes of the State, and he/she may request the State, or a political subdivision of the State to send aid to the Town of Colchester in case of disaster when conditions in the Town are beyond the control of the local emergency management forces.
(4) The Emergency Management Director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people, and bind the Town for the fair value thereof.
(5) The Emergency Management Director may require emergency services of any Town officer or employees. If regular Town forces are determined inadequate, the Director may require the services of such other personnel as he/she can obtain that 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 Town Charter and Ordinances for regular Town employees and other registered and identified emergency and disaster workers.
(6) The Emergency Management Director will exercise his/her ordinary powers as Town Manager and all of the special powers conferred upon him/her by the Town Charter and the Ordinance Code of the Town of Colchester, all powers conferred upon him/her by any Statue, or any other lawful authority.
(b) Emergency Management Coordinator:
(1) The Emergency Management Coordinator shall be responsible to the Director in regard to all phases of the emergency management activity. Under the supervision of the Director, he/she shall be responsible for the planning, coordination and operation of the emergency management activity in the Town. Under the supervision of the Director, he/she shall maintain liaison with the State and Federal authorities of other nearby political and subdivisions as to ensure the most effective operation of the emergency management plan. His/her duties shall include, but not be limited to, the following:
a. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Town for emergency management purposes.
b. Development and coordination of plans for the immediate use of all of the 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.
c. 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 the emergency management purposes and designating suitable buildings as public shelters.
d. Through public informational programs, educating the civilian populations as to actions necessary and required for the protection of their persons and property in case of enemy attack, or disaster, as defined herein, either impending or present.
e. Conducting public practice alerts to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures and operations.
f. Coordinating the activity of all other public and private agencies engaged in any emergency management activity.
g. Assuming such authority and conducting such activity as the Director may direct to promote and execute the emergency management plan.
(Ord. of 10-25-93)
Sec. 16-6. Violation of regulations.
It shall be unlawful for any person to violate any of the provisions of this Article or the regulations of 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.
(Ord. of 10-25-93)
Any person, firm or corporation violating any provisions of this Article, or any rule or regulation formulated thereunder, upon conviction thereof, shall be punished pursuant to Chapter 1, Section 1-9 of the Code of Ordinances. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ord. of 10-25-93; Ord. of 9-10-96)
Should any provision of this Article be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or of this Article, as a whole, it being the legislative intent of the provisions of this Article shall be severable and remain valid notwithstanding such declaration.
(Ord. of 10-25-93)
Sec. 16-9. Conflicting ordinances, orders, rules and regulations suspended.
All times when the orders, rules and regulations made and promulgated pursuant to this Article shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
(Ord. of 10-25-93)