[HISTORY: Amended 5-23-2011 by Ord. No. 11-05. Subsequent amendments noted where
applicable.]
This chapter is known and may be cited and referenced as the
"Civil Emergency Preparedness Ordinance of the Town of Kittery," as
authorized under 37-B M.R.S. §§ 781 through 834, as
enacted by P.L. 1983, c. 460.
It is the intent and purpose of this chapter to establish an
agency that will ensure the complete and efficient utilization of
all of the Town's resources in efforts to mitigate and respond to
natural and man-made disasters. The Kittery Emergency Management Agency
is the coordinating agency for all activity in connection with civil
emergency preparedness.
The following definitions apply in the interpretation of this
chapter:
The preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to minimize and repair injury and damage resulting from
disasters or catastrophes caused by enemy attacks, sabotage, riots
or other hostile action, or by fire, flood, earthquake or other natural
or man-made causes. These functions include, without limitation, firefighting,
police, medical and health, emergency welfare, rescue, engineering,
air raid warning and communications services; radiological, chemical
and other special weapons defense; evacuation of persons from stricken
areas; economic stabilization; allocation of critical materials in
short supply; emergency transportation; existing or properly assigned
functions of plant protection; other activities related to civilian
protection and necessary to the preparation for carrying out these
functions.
The Deputy Director of the Emergency Management Agency, appointed
by the Director.
The Director of the Emergency Management Agency, appointed
as prescribed by this chapter.
The occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from any natural
or man-made cause, including, but not limited to, fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
blight, drought, critical material shortage, infestation, explosion,
riot or hostile military or paramilitary action.
The employees, equipment and facilities of all Town departments,
boards, institutions and commissions; and in addition, includes all
volunteer personnel, equipment and facilities contributed by or obtained
from volunteer persons or agencies.
Any person duly registered, identified and appointed by the
Director of the Emergency Management Agency or its designee.
Restricted to the geographic boundaries of Kittery and the
municipalities adjacent to it.
Includes plans, programs and other emergency procedures deemed
essential to civil emergency preparedness.
A.
The Emergency Management Agency is hereby established within the
executive department of the Town government and under the direction
of the Town Manager. The Town Manager is hereby authorized to organize
the Emergency Management Agency, utilizing to the fullest extent possible
the existing agencies within the Town.
B.
There is an executive head of the Emergency Management Agency who
is known as the Director of the Emergency Management Agency. The Director
is appointed by the Town Council and works under the direction of
the Town Manager.
C.
In addition to the Director, the agency includes such other assistants,
employees and EMA volunteers as are deemed necessary for the proper
functioning of the organization. Any necessary employee is hired by
the Director with the consent of the Town Manager.
D.
The Emergency Management Agency operates according to this chapter
and regulations which must be approved by the Town Council and which
may be amended from time to time by the Council. No regulation or
amendment may be approved or adopted by the Council during a declared
emergency.
Whenever a local disaster exists or appears imminent, the Town
Manager, or the person duly appointed by the Council to act in the
absence of the Town Manager, by proclamation, is to declare that fact
and that an emergency exists in the municipality. A copy of the proclamation
is to be posted in the same manner as the warrant calling a Town meeting
and a copy of the proclamation filed with the Town Clerk. Local representatives
of the media are to be contacted and informed about the proclamation
as soon as possible.
A.
Emergency regulations. During any period when a local disaster has
been proclaimed or when the Governor has proclaimed a disaster pursuant
to 37-B M.R.S. § 742, the Town Manager may promulgate such
regulations deemed necessary to protect life and property and preserve
critical resources. Such regulations may include, but not be limited
to, the following:
(1)
Regulations prohibiting or restricting the movement of vehicles
in order to facilitate the work of Emergency Management Agency forces
or to facilitate the mass movement of persons from critical areas
within or outside the Town.
(2)
Regulations pertaining to the movement of persons from areas
deemed hazardous or vulnerable to disaster.
(3)
Such other regulations necessary to preserve public peace, health
and safety.
B.
Emergency purchases. In accordance with Town Code § 3.2.9,
the Town Manager 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.
C.
Emergency services. The Town Manager may require emergency services
of any Town officials or employees. If regular Town forces are determined
inadequate, the Director may require the services of such other personnel
as are available, including citizen volunteers. All duly authorized
persons rendering emergency services are entitled to the privileges
and immunities provided by state law and ordinances for regular Town
employees and other registered and identified Emergency Management
Agency and disaster workers.
Whenever satisfied that a local emergency or disaster no longer
exists, the Town Manager shall terminate the emergency proclamation
by another proclamation. That proclamation must be published in local
newspapers and posted in the same manner as the warrant calling a
Town meeting. Local representatives of the media must be informed
of the termination of the emergency as soon as possible.
The Director of the Emergency Management Agency is responsible
to the Town Manager regarding all phases of emergency management activity.
Under the supervision of the Manager, the Director is responsible
for the planning, coordination and operation of the emergency management
activity in the Town. Under supervision of the Manager, the Director
maintains liaison with the county, state and federal authorities and
the authorities of other nearby political subdivisions as to ensure
the most effective operation of the Emergency Management Agency plan.
Duties include, but are not limited to, the following:
A.
Coordinating the recruitment of volunteer personnel and agencies
to augment the personnel and facilities of the Town for civil emergency
preparedness purposes.
B.
Development of plans for the immediate use of all 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, welfare.
C.
Negotiating and concluding agreements with owners or persons in control
of buildings or other property for emergency management purposes and
designating suitable buildings as public shelters.
D.
Through public informational programs, educating the civilian population
as to actions necessary and required for the protection of 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 Agency 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 Town
Manager may direct to promote and execute the emergency preparedness
plan.
A comprehensive emergency operations plan is to be adopted and
maintained by resolution of the Council upon recommendation by the
Town Manager.
It is unlawful for any person to violate any of the provisions
of this chapter or of the regulations or plans issued pursuant to
the authority contained herein, or to willfully obstruct, hinder or
delay any member of the Emergency Management Agency, as herein defined,
in the enforcement of the provisions of this chapter or any regulation
or plan issued thereunder.
