[HISTORY: Adopted by the Board of Selectmen
of the Town of Brookfield 6-15-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 82.
The following words and phrases, whenever used
in this chapter shall be construed as defined in this section, unless
from the context a difference meaning is intended:
Includes any human-caused or natural event or circumstances
causing or threatening loss of life, injury to person or property,
human suffering or financial loss, and includes but is not limited
to fire, explosion, flood, severe weather, drought, earthquake, spills
or releases of hazardous materials, or public health emergencies.
That plan entitled "Town of Brookfield, Connecticut, Emergency
Operations Plan," submitted by the Emergency Management Director and
approved by the First Selectman.
The First Selectman, as the chief elected official,
is responsible for implementation of the Emergency Operations Plan.
When he or she, in conjunction with the Emergency Management Director,
determines that a state of emergency exists, the First Selectman shall
make a declaration in writing as well as activate the Emergency Operations
Plan.
A.
The declaration by the First Selectman of a state
of emergency shall (in writing):
(1)
State the nature of the emergency.
(2)
Designate the geographical area affected and subject
to the emergency controls.
(3)
State that the First Selectman shall exercise all
powers, functions, and duties prescribed by state law, Town Charter,
and all applicable ordinances, resolutions, and the Emergency Operations
Plan.
B.
As per state law, notice of the declaration will be
transmitted to the area Emergency Management Office immediately, followed
by a copy of the written document forwarded as soon as possible.
During a declared emergency, the First Selectman
shall have the authority to:
A.
Exercise, within the designated area in the proclamation,
all police powers vested in the Town by Charter and ordinance in order
to reduce the vulnerability of the Town to loss of life, injury to
persons or property and human suffering and financial loss resulting
from emergencies, and to provide recovery and relief assistance for
the victims of emergencies.
B.
Direct any department of the Town to utilize Town
personnel, equipment and facilities for the performance of any activities
designed to prevent or alleviate actual or threatened damage due to
the emergency, and may direct the departments to provide supplemental
services and equipment to federal, state, or local agencies to restore
any services in order to provide for the health and safety of the
citizens of the Town.
C.
Designate persons to coordinate the work of public
and private relief agencies' operation in such area and exclude from
such area any person or agency refusing to cooperate with work under
such coordination or to cooperate with other agencies engaged in emergency
work.
D.
Request the aid and assistance of any state or other
public or quasi-public agencies in the performance of duties and work
attendant upon emergency conditions in such area.
E.
Clear or remove from publicly or privately owned land
or water, debris and wreckage which may threaten public health or
safety or public or private property.
(1)
In exercising this authority, the Town administrator
may accept funds from the Federal Government or the State of Connecticut
for the purpose of removing debris or wreckage from publicly or privately
owned land or water.
(2)
Whenever the Town administrator provides for clearance
of debris or wreckage pursuant to this section, employees of the Town
or individuals appointed by the Town administrator are authorized
to enter upon private lands or waters and perform any tasks necessary
to the removal or clearance operation.
(3)
Except in cases of willful misconduct, gross negligence
or bad faith, any employee or individual appointed by the First Selectman
to perform duties necessary to the removal of debris or wreckage shall
not be liable for death of or injury to persons or damage to property.
A.
When a state of emergency is declared to exist and
has been declared, the First Selectman:
(1)
May order the following measures, in the interest
of the public health, safety, or welfare, in the area designated as
an emergency area:
(a)
Redirect Town funds for emergency use and suspend
standard Town procurement procedures.
(b)
Establish a curfew that fixes the hours during which
all other than officially authorized personnel may be upon the public
streets or other public places.
(c)
Prohibit or limit the number of persons who may gather
or congregate upon any public street, public place, or any outdoor
place.
(d)
Barricade streets and prohibit vehicular or pedestrian
traffic, or regulate the traffic on any public street, public place,
or any outdoor place.
(e)
Evacuate persons.
(f)
Prohibit the sale of alcoholic beverages.
(g)
Prohibit or restrict the sale of gasoline or other
flammable liquids.
(h)
Prohibit the sale, carrying, or possession of any
weapons or explosives of any kind on public streets, public places,
or any outdoor places.
(i)
Curtail or suspend commercial activity.
(j)
Control, restrict, or regulate, by rationing, freezing,
use of quotas, prohibitions on shipments, price fixing, allocation
or other means, the use, sale or distribution of foods, fuel, clothing,
and other commodities, materials, goods, and services.
(k)
Close all roads and highways in such area to traffic
or limit the travel on such roads to such extent as the First Selectman
deems necessary and expedient.
(l)
Order such other measures necessary for the protection
of life or property or for the recovery from the emergency.
B.
All orders issued under authority conferred by this
section shall have the full force and effect of law during the declaration
of a state of emergency. All existing laws, ordinances, rules and
orders inconsistent with this chapter shall be inoperative during
this period of time and to the extent such inconsistencies exist.
During the existence of an emergency, the First
Selectman may:
A.
Enter into purchase, lease, or other arrangements
with any agency of the United States or the State of Connecticut for
temporary housing units to be occupied by disaster victims.
B.
Accept or borrow funds from or passed through by the
State of Connecticut for temporary housing for disaster victims.
C.
Upon determination that the Town will suffer a substantial
loss of tax and other revenues from a major disaster and that there
is a demonstrated need for financial assistance to perform its governmental
functions, apply to the Federal and State Government, or request the
state to apply on the Town's behalf, for grants and loans and to receive,
on behalf of the Town, such grants and loans.
D.
Determine the amount needed to restore or resume the
Town's government function and certify the same to the State of Connecticut
or the Federal Government.
The First Selectman, in conjunction with the
Emergency Management Director, shall terminate the state of emergency
by proclamation when the emergency no longer exists or when the threat
of emergency has passed. This proclamation will also be transmitted
to the State Emergency Management Office.
