[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 12-7-1999.
Amendments noted where applicable.]
This chapter is enacted to set out and clarify the authority of the
Town and its officers and employees with regard to emergency and disaster
situations. It is intended to grant as broad a power as permitted by statutory
and constitutional authority. The powers granted by and procedures established
in this chapter are in addition to the Town's participation in Hancock County's
Emergency Management Agency established pursuant to 37-B M.R.S.A. § 781
et seq. and are intended to supplement and not supplant that participation.
As used in this chapter, the following terms shall have the meanings
indicated:
A major natural or man-made disaster, including but not limited to
hurricanes, tornadoes, ice storms, snow storms, earthquakes, floods, fires,
tidal waves, windstorms, epidemics, hazardous materials accidents or spills,
or violent or terrorist acts which threaten the public health, safety and
welfare or which damage or destroy or which threaten to damage or destroy
public or private property in the Town of Bar Harbor. The term "emergency"
shall be broadly construed to effect the purpose of this chapter to protect
people and property in the Town of Bar Harbor.
The Town Manager or the Town Manager's designee shall serve as the Town's
Director of Disaster Services.
In the event of an emergency, the Council Chairman shall have the authority
to declare a state of emergency in the Town when a declaration of emergency
is requested by the Director of Disaster Services. If the Council Chairman
is absent from the Town or cannot reasonably be reached by the Director of
Disaster Services, any Town Councilor shall have the authority to declare
a state of emergency if so requested by the Director of Disaster Services.
Notwithstanding any provision of this Code to the contrary, when a declared
state of public emergency exists within the Town, the Director of Disaster
Services may exercise all emergency powers, including but not limited to the
following:
A.Â
Response. The power to direct emergency response activities
by Town departments, including but not limited to the Police and Fire Departments.
B.Â
Contracting. The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the Town, upon following the procedures of § 74-10.
C.Â
Purchasing. The power to purchase or lease goods and services that the Director of Disaster Services deems necessary to the Town's emergency response or for the repair of Town facilities, or both, upon following the procedures of § 74-10.
D.Â
Leases. The power to lease real property or structures,
or both, that the Director of Disaster Services deems necessary for the continued
operation of Town government.
E.Â
Rules and regulations. The power to promulgate rules
and orders to implement and clarify the Council Chairman's proclamation exercising
emergency power.
F.Â
Curfews. The power to establish curfews where necessary
to protect public health, safety or welfare.
Proclamations, rules, and orders issued pursuant to § 74-5 shall be effective upon issuance and shall remain in effect until withdrawn by the Director of Disaster Services. However, those proclamations, rules, and orders shall be withdrawn by the Director of Disaster Services and those persons acting pursuant to § 74-5 shall cease to exercise emergency powers at such time as the conditions giving rise to the emergency cease.
The violation of any section of this chapter or any proclamation of emergency, any subsequent proclamation exercising emergency powers, or any rule or order, which proclamation, rule or order is issued pursuant to § 74-5, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from § 74-5, is a civil violation and punishable as provided in § 1-18 of this Code.
A.Â
Supervision of response. The Director of Disaster Services
shall be responsible for the performance and supervision of performance of
all duties in connection with coordinating and carrying out the Town's role
in furnishing services in the event of an emergency.
B.Â
Emergency planning. The Director of Disaster Services
shall act in coordination with the state and other governmental agencies as
may be necessary to plan and implement a joint jurisdiction emergency planning
and disaster services plan and mutual aid arrangements.
C.Â
Consultation with Town Attorney. The Director of Disaster
Services shall consult with the Town Attorney in the planning and exercise
of emergency powers.
The Director of Disaster Services shall:
A.Â
Request the Council Chairman or Town Councilor when appropriate to declare a state of emergency as provided in § 74-4.
B.Â
Control and direct emergency training activities.
C.Â
Maintain a liaison with other municipal, state, regional
and federal disaster services agencies.
D.Â
Marshal, after the declaration of a state of emergency,
all necessary personnel, equipment and supplies from any department of the
Town to aid in carrying out emergency operations.
E.Â
Prepare, in consultation with the Town Attorney, all necessary emergency proclamations, rules, and orders, pursuant to § 74-5, and implement emergency operations.
F.Â
Assume other emergency responsibilities as necessary.
Notwithstanding any provision of this Code to the contrary, the Director
of Disaster Services may procure, by purchase or lease, such goods and services
as are deemed necessary for the Town's emergency response effort. This emergency
procurement of goods or services may be made in the open market for immediate
delivery or furnishing without filing a requisition or estimate and without
advertisement. A full written account of all emergency procurements made during
this emergency, together with a requisition for the required materials, supplies,
equipment, or services, shall be submitted by the Town Manager to the Town
Council within three months of the conclusion of the emergency.
A.Â
Price gouging prohibited. No person may charge a consumer
an amount greater than the average retail price for a product or service during
a declared state of emergency. "Average retail price" means the average price
for similar products or services during the thirty-day period immediately
preceding the declaration of the state of emergency. "Product or service"
includes the rental of dwelling units, hotel or motel rooms or storage facilities,
or the provision of kennels or boarding domestic animals. In the event a price
increase is the direct result of an increase in the cost of goods charged
by the seller's manufacturer, distributor or wholesaler, the actual cost increase
may be added to the average retail price. Each separate sale or rental in
violation of this chapter prohibition shall be a separate violation.
B.Â
Fraudulent representation prohibited. No person may falsely
claim to any consumer to be a government inspector or safety or health inspector
during a declared state of emergency. Each such false claim in violation of
this chapter prohibition shall be a separate violation.
C.Â
Persons collecting for charities or offering loans, jobs,
or contracting services to register. Any person collecting for a charity,
or offering loans, jobs or contracting or repair services, who was not collecting
for the same charity, or offering the same or substantially similar loans,
jobs or contracting or repair services, in the Town of Bar Harbor during the
thirty-day period immediately preceding the declared state of emergency must
register with the Town Clerk and must show consumers proof of registration
as provided by the Town Clerk's office. The Town Clerk's office shall not
permit any person to register as a charitable fund-raiser, a lender, an employer,
or a contractor or repair service unless the person or business registering
provides evidence showing that the charity, lender, employer or contractor
is a legitimate business that satisfactorily provides the goods or services
represented. Each contact with a consumer by an unregistered person or business
shall be a separate violation.
The Director of Disaster Services may, by proclamation, suspend any
portion of any Town ordinance or policy where the suspension is reasonably
deemed necessary to protect the public health, safety and welfare, including
but not limited to the suspension of fees for building and other permits and
the suspension of those portions of the Bar Harbor Code necessary to create
an expedited process for issuing permits and licenses. The Director of Disaster
Services may also by proclamation authorize the issuance of temporary licenses
or permits where necessary to protect the public health, safety and welfare.
The suspension of any ordinance provisions pursuant to this section shall
terminate upon the termination of the declared state of emergency.