[HISTORY: Adopted by the Town Board of the Town of Holland 12-10-2007
by Ord. No. 1-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The preparation for and carrying out of all emergency functions,
other than functions for which the military forces are primarily responsible,
to minimize injury and damage resulting from disaster caused by enemy attack,
sabotage or other hostile action or by fire, flood or other natural causes.
A.Â
Appointment. The Town Chairman shall appoint an Emergency
Management Director, subject to confirmation by a majority of all members
of the Town Board. The Emergency Management Director shall have an indefinite
term of office.
B.Â
Powers and duties. The Director shall be the executive
head of the Town of Holland Emergency Management Organization and shall have
direct responsibility for the organization, administration, and operation
of the organization, subject to the direction and control of the Town Board.
In addition to such powers and responsibilities as may be imposed on the Director
from time to time by the Town Board, the Director shall have the authority
and it shall be his or her duty to:
(1)Â
Coordinate all activities for emergency management within
the Town of Holland.
(2)Â
Maintain liaison and cooperate with emergency management
agencies and organizations of other political subdivisions and of the state
and federal government.
(3)Â
Participate in county and state emergency management
activities upon request.
(4)Â
Prepare a comprehensive general plan for the emergency
management of the Town and present such plan to the Town Board for approval.
(5)Â
Subject to the approval of the Town Board, enter into
mutual aid agreements with other political subdivisions and file copies of
any such agreements with the Administrator of the Division of Emergency Management.
(6)Â
Upon declaration of an emergency, issue all necessary
proclamations as to the existence of such state of emergency and such disaster
warnings or alerts as shall be required in the emergency management plan.
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. When
the Town Board has approved the plan, all municipal agencies and departments
of the Town shall perform the duties and functions assigned by the approved
plan.
The Emergency Management Organization shall take action in accordance
with the emergency management plan only after the declaration of an emergency
and issuance of official disaster warnings. Declaration of emergency shall
be made by the Governor, the Town Board, Town Chairman or, in his or her absence,
the Emergency Management Director. Such state of emergency shall continue
until terminated by the issuing authority, provided that any declaration not
issued by the Governor may be terminated by the Town Board.
Whenever necessary to meet an emergency for which adequate regulations
have not been adopted by the Town Board, the Town Chairman and, in his or
her absence, the Emergency Management Director may proclaim, promulgate and
enforce orders, rules and regulations relating to the conduct of persons and
the use of property which are necessary to protect the public peace, health
and safety and preserve lives and property and to ensure cooperation in emergency
management activities. Such proclamations shall be posted in two public places
and may be rescinded by resolution of the Town Board.
No person shall willfully 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 violate any order, rule, regulation
or plan issued pursuant to the authority contained in this chapter. Any person
who shall violate any provision of this section shall, upon conviction thereof,
be subject to a forfeiture of not more than $100 and, in default of payment
of payment of the forfeiture, imprisonment for up to six months for each separate
offense.