[HISTORY: Adopted by the Town Council of
the Town of New Canaan 10-1-2006, effective 10-27-2006. Amendments noted where applicable.]
This ordinance is enacted pursuant to the Municipal Powers Act, Connecticut General Statutes § 7-148, and the civil preparedness and emergency management statutes, Connecticut General Statutes § 28-1 et seq., in order to preserve and protect the public health, public safety, general welfare, peace and security of the Town of New Canaan, its residents and their property.
As used in this ordinance, the following definitions
shall apply.
Any attack or series of attacks by a terrorist or an enemy
of the United States causing, or which may cause, substantial damage
or injury to civilian property or persons in any manner by sabotage
or by the use of bombs, shellfire or atomic, radiological, chemical,
bacteriological or biological means or other weapons or processes.
Any catastrophe, including, but not limited to, any hurricane,
tornado, storm, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm, or
drought, or, regardless of cause, any fire, flood, explosion, or man-made
disaster.
Any attack or major disaster or other public health or safety
crisis occurring in the Town of New Canaan or adversely affecting
the Town of New Canaan, including incidents occurring elsewhere but
causing regional consequences such as evacuations.
Any organized personnel of the Town of New Canaan engaged
in carrying out civil preparedness functions in the event of an attack,
major disaster, or local emergency, including the Police Department,
the Fire Department, the Department of Public Works, the Highway Department,
the Health Department, and Community Emergency Response Teams under
the direction of Town officials.
In the event of an attack, major disaster, or
local emergency creating a risk of severe hazards to the life, welfare,
or property of the Town of New Canaan or its residents, the First
Selectman may declare the existence of a local state of emergency.
The declaration of a local state of emergency will be communicated
to the public as soon as reasonably possible, and a written statement
of the declaration shall be submitted to the Governor of the State
of Connecticut and the Connecticut Department of Emergency Management
and Homeland Security.
A.
In the event of a local state of emergency, the First
Selectman, in consultation and coordination with the Police and Fire
Departments, the Director of Emergency Preparedness, and the Area
Coordinator for the State of Connecticut Department of Emergency Management
and Homeland Security, may take such action as he or she deems necessary
to mitigate the emergency, including (without limitation) the following:
(1)
Request state or federal assistance and financial
aid;
(2)
Invoke emergency-related mutual aid agreements with
other municipalities or government agencies, and extend or accept
mutual aid;
(3)
Invoke emergency assistance agreements with private
entities;
(4)
Invoke emergency operations, evacuation and shelter
plans and agreements;
(5)
Mobilize community emergency response teams (CERT)
and other civil preparedness forces;
(6)
Expend public funds from appropriations made for such
purposes;
(7)
Require partial or full evacuations from specific
geographical areas of Town;
(8)
Close roads and restrict access to certain geographical
areas of Town;
(9)
Impose travel and parking restrictions in order to
keep roads clear for emergency response vehicles;
(10)
Remove from publicly or privately owned land or water
any debris or wreckage that threatens public health, safety, public
or private property;
(11)
Secure and preserve any documents and evidence pertinent
to and necessary for a future investigation; and
(12)
Take such other steps as are reasonably necessary
in light of the local emergency to protect the health, safety and
welfare of the people of New Canaan, to prevent or minimize loss or
destruction of property, and to minimize the effects of hostile action.
B.
This section is intended to duplicate, supplement
and complement the powers and authority granted by other laws. This
section shall not be construed to limit any powers and authority granted
by other laws.
When the hazardous conditions have stabilized
and the state of emergency no longer exists, the First Selectmen shall
declare the termination of the state of emergency in the same manner
as the declaration of its existence. A declaration of a local state
of emergency shall expire after seven calendar days unless the First
Selectman declares a continuation for another seven calendar days.
In the absence or unavailability of the First
Selectman, the Chairman of the Town Council may act in place of the
First Selectman for all purposes under this ordinance. In the event
that both the First Selectman and the Chairman of the Town Council
are absent or unavailable, then the Vice-Chairman of the Town Council
may act in place of the First Selectman for all purposes under this
ordinance.