[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:
Response. The power to direct emergency response activities by Town departments, including but not limited to the Police and Fire Departments.
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.
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.
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.
Rules and regulations. The power to promulgate rules and orders to implement and clarify the Council Chairman's proclamation exercising emergency power.
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.
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.
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.
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:
Request the Council Chairman or Town Councilor when appropriate to declare a state of emergency as provided in § 74-4.
Control and direct emergency training activities.
Maintain a liaison with other municipal, state, regional and federal disaster services agencies.
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.
Prepare, in consultation with the Town Attorney, all necessary emergency proclamations, rules, and orders, pursuant to § 74-5, and implement emergency operations.
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.
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.
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.
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.