[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 6-9-1990
as Ord. No. 5-90. Amendments noted where applicable.]
This chapter is authorized by § C-4B of the Town Charter.
This chapter shall be known and referred to as the "Emergency Services
and Disaster Ordinance of the Town of South Bethany."
A.
In accordance with 20 Del. C. 31, § 3101 et
seq., the purpose of this chapter is to establish an office that will ensure
the complete and efficient utilization of all of the Town's facilities
to combat disasters, which are defined in this chapter.
B.
The Office of Local Emergency Planning and Operations
for the Town of South Bethany will be the coordinating agency for all emergency
service activities; it will be the working force through which the Mayor exercises
the authority and discharges responsibilities for the Town of South Bethany.
C.
This chapter will not relieve any Town department of
the responsibilities or authority given to it in the Town Emergency Operations
Plan.
The following definitions shall apply in the interpretation of this
chapter:
Includes but is not limited to actual enemy attack, sabotage, extraordinary
fire, flood, storm, epidemic or other impending emergencies that endanger
health, life or property.
In its broad meaning, to prepare for and carry out the basic government
functions of maintaining the public peace, health and safety during an emergency
by employing equipment, facilities and employees of all Town departments and
resources of volunteer and quasi-public and private relief organizations.
Plans, programs and other emergency procedures deemed essential to
emergency services.
A.
The Mayor shall be the Director of Emergency Services
of this Town and shall also serve as Director of the Office of Local Emergency
Planning and Operations. The Mayor shall be responsible for the organization,
administration and operation of these services. He/she shall appoint a Deputy
Director.
[Amended 10-12-2001 by Ord. No. 104-01]
B.
The organization shall consist of the following:
(1)
The employees, equipment and facilities of all Town departments
will participate in the emergency services activity. Duties assigned to a
Town department shall normally be the same or similar to routine duties of
the department.
(2)
Volunteer persons and agencies offering services may
be accepted by the Director.
C.
The Deputy Director shall be well 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 chapter.
D.
The Director of Emergency Services may appoint Assistant
Directors to assume emergency duties in the event of his absence, the intent
being that there will at all times be an acting Director of Emergency Planning
and Operations in charge of the office.
A.
Director of Emergency Services. Such Director shall function
as Coordinator/Operations Officer.
(1)
The Director of Emergency Services shall exercise the
emergency powers and authority necessary to fulfill his general powers and
duties as vested in him as Chief Executive. The Town Council may convene to
perform the legislative powers as the situation demands and shall receive
reports relative to emergency services activities. Nothing in this chapter
shall be construed as abridging or curtailing the powers of the Town Council.
[Amended 9-8-1995 by Ord. No. 50-95]
(2)
During any period when disaster threatens or when the
Town has been struck by disaster within the definition of this chapter, the
Director may promulgate such regulations as he deems 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 services forces or to
facilitate the mass movement of persons from critical areas within the Town.
(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 health,
life and property.
(3)
The Director of Emergency Services shall order emergency
services forces to the aid of other communities when required in accordance
with mutual support agreements or state statutes.
[Amended 9-8-1995 by Ord. No. 50-95]
(4)
The Director of Emergency Services may obtain vital supplies,
equipment and other properties found lacking and needed for the protection
of health, life and property of people and bind the Town for the fair value
thereof.
[Amended 9-8-1995 by Ord. No. 50-95]
(5)
The Director of Emergency Services may require emergency
services of any Town officer or employee. If regular Town forces are determined
inadequate, the Director may require the services of such other personnel
as he can obtain and are available, including citizen volunteers. All duly
authorized persons rendering emergency services shall be entitled to the privileges
and immunities applicable to regular Town employees and other registered and
identified emergency services and disaster workers.
[Amended 9-8-1995 by Ord. No. 50-95]
(6)
The Director of Emergency Services shall cause to be
prepared a Town Emergency Operations Plan and shall exercise his ordinary
powers as Mayor and all of the powers conferred upon him by the Town Charter
or any other lawful authority.
[Amended 9-8-1995 by Ord. No. 50-95]
B.
Coordinator/Operations Officer of Emergency Services.
The Coordinator/Operations Officer of Emergency Planning and Operations shall
be responsible to the Director in regard to all phases of emergency services
activities. Under the supervision of the Director, he shall be responsible
for the planning, coordination and and operation of the emergency services
activities in the Town. His duties shall include, but will not be limited
to, the following:
(1)
Developing and coordinating of plans for immediate use
of all facilities, equipment, manpower and other resources of the Town for
the purpose of minimizing or protecting and restoring to usefulness governmental
services and public utilities necessary for the public health, safety and
welfare.
(2)
Liaisoning with state and federal authorities and nearby
political subdivisions as necessary to ensure the most effective disaster
preparedness and response capabilities.
(3)
Coordinating the recruitment of volunteer personnel and
agencies to augment the personnel and facilities of the Town for emergency
services purposes.
(4)
Negotiating and concluding agreements with owners or
persons in control of buildings or other property for use of such buildings
as public shelters.
(5)
Educating the public through public information programs
in all emergency services matters pertaining to the protection of life and
property.
(6)
Coordinating the activity of all other public and private
agencies engaged in emergency services activities.
(7)
Conducting such other activities as the Director may
request to promote and execute Town emergency services plans and programs.
A comprehensive Town Emergency Operations Plan shall be developed for
adoption by the Town Council, to be maintained under authority of the Director.
In the preparation of this Plan, it is the intent that all services, equipment,
facilities and personnel of all departments shall be utilized to the fullest
extent. Each department assigned responsibilities in the plan shall be responsible
for carrying out all duties and functions assigned to it. Each department
shall formulate the operational aspects for this service which, when approved
by the Council, shall be an annex to and a part of the Town Emergency Operations
Plan.
