[HISTORY: Adopted by The Mayor and Council
of New Castle 7-23-1971 by Ord. No. 198; amended in its entirety 11-10-2020 by Ord. No. 529. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for a coordinated
municipal response to emergencies that threaten the health, safety
and welfare of persons and property in the City of New Castle; to
provide for the declaration of an emergency by the Mayor; to authorize
certain measures in response to such emergencies; and to provide for
the creation and adoption of an Emergency Management Plan.
As used in this chapter, the following terms shall have the
meanings indicated:
A prohibition against any person's presence, whether
within a vehicle of any kind, or on foot, upon any alley, street,
highway, public property, or vacant premises within the corporate
limits of the City of New Castle, for a designated period or periods
of time and/or in a designated volume of occupancy. Such a prohibition
shall not apply to persons officially designated to discharge duties
through a valid Emergency Management Plan or under state or federal
authorities.
Any disaster resulting from a catastrophic condition caused
by human intervention, a natural event, a public health crisis, civil
disorder or war, impacting or likely to impact the City of New Castle
and resulting in substantial damage to property or the environment,
hardship, suffering, injury, or actual or potential loss of life,
to such an extent that extraordinary measures must be taken to ensure
public health, safety, and welfare. An emergency must be proactively
declared by the Mayor, in a writing made available for immediate dissemination
to the public.
A designation for the City Administrator on the Emergency Management Team, unless another person is designated by the Mayor pursuant to § 28-4 of this chapter, who shall be responsible for implementing the Mayor's executive decisions in accordance with an Emergency Management Plan. The Emergency Management Coordinator's designation shall expire at the termination of the applicable emergency.
A plan approved by the Mayor in accordance with § 28-6 of this chapter, in consultation with the Emergency Management Team, and setting forth measures for the mitigation, preparedness, response, and recovery of a given emergency once an emergency has been declared by the Mayor.
Ongoing actions undertaken to reduce the impact of emergencies;
e.g., identifying and addressing potential and ancillary hazards.
Actions undertaken in anticipation of a likely or imminent
emergency with the purpose of enhancing readiness and minimizing the
impact thereof; e.g., maintenance of evacuation routes and shelters,
and the acquisition of necessary resources such as food, medicine
and other supplies, and taking action to protect vulnerable persons
and property.
Post-emergency actions implemented to aid in the renormalization
of the social, economic, and political structures of the City of New
Castle. Actions designated as recovery measures within an Emergency
Management Plan may be taken for a reasonable period of time following
the expiration of a declared emergency.
Short-term actions taken to preserve life, property and the
environment, with the objective of protecting and stabilizing the
social, economic, and political structures of the City of New Castle,
including but not limited to the imposition of a curfew or quarantine,
search and rescue efforts, and crowd control.
In the event a state of emergency affecting any part of the
City of New Castle or areas surrounding the City has been declared
by the Governor of the State of Delaware, or in the event the City
or any part thereof is in imminent danger of suffering civil disturbance,
acts of war or terrorism, environmental crisis, disorder, riot, a
health or safety emergency or other similar occurrence that seriously
and substantially endangers the lives, safety, health or property
of the public, the Mayor is empowered and authorized to issue a public
declaration that a state of emergency exists in the City of New Castle.
The declaration of a state of emergency shall be made in writing,
or, in extraordinary circumstances, a written declaration may be issued
following its effect, provided a written record of the date and time
of such a declaration is maintained, and a written declaration is
issued as soon as is practicable.
A.
The Emergency Management Team shall consist of:
(1)
The Mayor.
(2)
The President of the City Council, or if unavailable, the most senior
member of City Council who is available.
(3)
The City Administrator, who shall also serve as the Emergency Management
Coordinator unless another person is so designated by the Mayor due
to the death, illness, disability or unavailability of the City Administrator.
(4)
The Building Official.
(5)
The City Fire Marshal.
(6)
A Goodwill Fire Company liaison.
(7)
The Police Chief.
(8)
The City Solicitor.
(9)
Other members of the City Council, the Municipal Services Corporation
and the public as the Mayor deems necessary.
B.
The Emergency Management Team shall develop an Emergency Management Plan in accordance with § 28-6 of this chapter. The Mayor may further designate individual members of the Emergency Management Team for specific aspects of the implementation of an Emergency Management Plan, as he or she deems fit in his or her sole judgment. Should the any of the above-named officials not be available to serve for any reason, the next person in the line of succession for that office shall serve on the Emergency Management Team, or if none, such other persons serving in similar capacities as the Mayor may designate.
A.
Following the declaration of an emergency and for the duration thereof,
the Mayor shall hereby have the authority to take the following actions
in the interests of public safety, health, and welfare:
(1)
Impose a curfew generally, or as applicable to specific geographical
areas of the City of New Castle, during those hours of the day or
night he or she deems necessary;
(2)
Prohibit or restrict gatherings on public streets, sidewalks, parks,
open spaces, public and private properties within the City limits.
(3)
Suspend or limit the sale, dispensation, or transportation of controlled
substances (including but not limited to alcohol, tobacco, and marijuana),
firearms, ammunition, explosives, inflammables, combustibles, or gasoline
in a manner consistent with all national and state constitutional
provisions, statutes, rules, regulations and orders in effect and
applicable to the City;
(4)
Temporarily suspend or amend the provisions of any procedural ordinance,
statute, order, or regulation governing the conduct of City business
or departments, provided such ordinance, statute, order, or regulation
would substantially impede the ability of the Mayor (or his designated
Emergency Management Coordinator) to implement an Emergency Management
Plan;
(5)
Make use of those City resources deemed reasonable and necessary
to address an emergency and implement an Emergency Management Plan;
(6)
Transfer personnel and alter functions of City departments as needed
to address an emergency and implement an Emergency Management Plan;
(7)
Commandeer or utilize private property if necessary to address an
emergency and implement an Emergency Management Plan, subject to any
applicable compensation requirements therefor, and excepting the news
media;
(8)
Order the evacuation or relocate all or part of the City population
from an affected geographical area if necessary for the preservation
of life;
(9)
Temporarily close or restrict usage or access to any and all streets,
alleys, public through-ways, parks, public property and public facilities
within the City of New Castle;
(10)
Designate evacuation routes;
(11)
Exercise control over the ingress and egress of any geographical
area within the City of New Castle;
(12)
Provide for the use of temporary housing;
(13)
Ration and distribute food, fuel, clothing, medicine, medical supplies
and other life-preserving resources;
(14)
Issue orders deemed in the Mayor's judgment to be necessary
for the protection of life and property; and
(15)
Such other authority as established in an Emergency Management Plan,
required by state or federal authorities, or expressly conferred by
the City Council.
B.
The provisions of this section shall not be deemed to restrict the
movements and activities of members of the Armed Forces of the United
States of America, the Delaware National Guard, any law enforcement
officers, Fire Department and emergency medical personnel, FEMA personnel
or other persons deemed by the Mayor or the Emergency Management Plan
to be providing essential services involving health, safety or protection
of property.
A.
Upon the declaration of an emergency by the Mayor, the Emergency
Management Team shall develop an Emergency Management Plan. An Emergency
Management Plan shall set forth:
(1)
The names of the members of the Emergency Management Team and the
title, role, designation, or appointment which confers membership
thereon;
(2)
The nature and scope of the emergency the Emergency Management Plan
is being prepared for;
(3)
The responsibilities specifically delegated by the Mayor to individual
members of the Emergency Management Team;
(4)
Any officials or other personnel designated as exceptions to curfew,
quarantine or other restrictions imposed under the emergency declaration;
(5)
The nature and scope of specific measures to be taken, and authorities
to be exercised hereunder, for the mitigation, preparedness, response,
and recovery of the emergency; and
(6)
Any other pertinent information relating to the emergency.
B.
Further, the Mayor shall:
(1)
Be solely responsible for the approval and finalization of any given
Emergency Management Plan;
(2)
Keep a record, to be maintained in the City offices, of all Emergency
Management Plans for reference by current and future Emergency Management
Teams;
(3)
Inform the City Council in writing of any approved Emergency Management
Plans and modifications thereto;
(4)
Review, revise, and update any Emergency Management Plan as is reasonable
and necessary to respond to an ongoing emergency; and
(5)
Have sole discretion as to the implementation of any measures contained
within an Emergency Management Plan.
C.
The Mayor, in his or her sole discretion, may convene the Emergency
Management Team in anticipation of a foreseeable, but not yet imminent,
emergency in order to prepare a prospective Emergency Management Plan
and increase the ability of the Emergency Management Team to implement
mitigation and preparedness measures.
A.
An emergency declared by the Mayor shall exist for the period set forth in the declaration of emergency, but not in excess of 30 days. However, the Mayor may renew or extend the Emergency for additional periods of 30 days in the same manner set forth in § 28-3 above.
B.
The Mayor may terminate the state of emergency or modify its provisions
prior to the time set forth in the emergency declaration through a
written declaration of termination or modification made available
for immediate dissemination to the public through the City website,
news media or other means.
A.
The Mayor, or a duly authorized designee, shall promptly inform all Council members of the declaration of an emergency, the contents of any Emergency Management Plan, the planned or actual exercise of any of the emergency authorities enumerated in § 28-5 of this chapter, and any modifications of the foregoing.
B.
After an emergency has been declared, the President of City Council shall call an emergency meeting of the Council to be convened as soon as possible under current law. The City Council may, by vote of at least three members of City Council, rescind or modify any of the emergency authorities enumerated in § 28-5 of this chapter ordered by the Mayor. The City Council shall notify the Mayor in writing of such a vote, instructing him or her to so modify or cease the exercise of such authority.
C.
The City Council may terminate an emergency declaration prior to
its natural expiration by vote of at least three members of City Council
and subsequent written notice of such vote to the Mayor. Upon receipt
of such a notice, the Mayor shall issue a written declaration of termination
of the emergency to be made available for immediate dissemination
to the public on the City website, through the news media, or other
available means.
If the Mayor is unavailable or otherwise unable to assume the
authorities granted within this chapter before or during an emergency,
then for so long as the Mayor is unavailable or unable to act, these
authorities shall pass to the following persons in the order of seniority
listed below:
A.
Any emergency declaration issued pursuant to the terms of this chapter,
and all restrictions and regulations set forth therein, shall have
the force and effect of law for the duration of the emergency.
B.
Any person found to have violated the terms of any emergency declaration,
restriction or regulation issued pursuant to this chapter shall be
guilty of a criminal offense, and shall be punishable by a fine not
less than $100, and not greater $1,000, imprisonment for a period
not to exceed 60 days, or both.
