Town of South Bethany, DE
Sussex County
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Table of Contents
Table of Contents
[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:
DISASTER
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.
EMERGENCY SERVICES
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.
REGULATIONS
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.