HomeMy WebLinkAbout2006-04-10 06-146 ORDINANCEItem Mo.
Date: 4-10-06 06 146
Item/Subject Ordinance, Adopting a N"Article XVII of Chapter 28 of the Code of Ordinances
— Emergency Management Agency
Responsible Department Fre/Oty Manager
In order to remain eligible for certain federal emergency management and disaster preparedness
grams, the City must adopt an Emergency Management Agency ordinance in compliance with the
applicable provisions of State law and incorporating the National Emergency Management System
(NIMS) and the Incident Command System (ICS). As a practical matter, the City should also have
such an ordinance to provide for the necessary authority to respond ro a natural or man made
disaster.
The attached Ordinance will establish the Emergency Management Agency, which is, in effect, a
virtual agency composed of various existing City of Bangor employees and any other volunteers or
organizations which might assist the Ory In responding to a disaster. Itauthorizesme Oly Manager
to appoint, subject to Council confirmation, an Emergency Management Director and authorizes the
Director to establish an Emergency Operations Plan and the necessary holes and regulations to put it
intoeffect. The Ordinance also designates the authority of the City Manager, subject to consultation
with Me Chairofthe City Council, to issue an emergency proclamation fora period of up to five days
after which the City Council would be required to take action to extend the designation. Finally, it
outlines the powers and duties of the City Manager and the Emergency Management Director and
authorizes streamlined administrative procedures during disasters.
This ordinance is based an a model ordinance provided by the Maine Emergency Management
Agency as adjusted to conform with the City of Bangor's charter and organizational structure.
Department Head
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Recommendapprpval. Yw QU/�e�ffj d0�A04FX%0. /I /�'R�a/
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SUBSrfIfionin
Associated Infomratition:
Budget Approval: �14J
Finance Director
Legal Approval:
Solldror
Passage
X First Reading Page _of_
X Referral to Government Operations @ 5 p.m. on April 11, 2006
BE If ORDAINED BY THE CM COUNCR OF THE CRy OF BANGOR THAT
There's hereby adopted a new Article XVD to Chapter 28 of the Code of Ordinances as follows:
ARTICLE %VII
Emergerrcy Management Agency
§ 28-72. purpose
It is the Intent and purpose of this Ordinance to establish an Emergency Management Agency in
compliance and in conformity with the provisions of Titre 37-B, MRSA, Section 781 at seg., to ensure
the complete and efRdent utilization of the Citys facilities and resources to combat disaster as defined
herein.
§ 28.73. Definitions
The following definitions shall apply In the interpretation of this ordinance:
A.=Emergency Management Agency' means the agency createtl under this ordinance for the
preparmon for and the carrying out of all emergency Functions, other than functions for which
military forces are primarily responsible, in order M minimPre and repair Injury and damage
resulting from disasters or catashophes caused by enemy or [amorist attacks, sabotage, dots, or
other hostile action, or by fire, good, earthquake, or other natural or man-made causes. These
functions indude, without limitation, firefighting, police, medical and heaBh, emergency welfare,
rescue, engineering, public warning and conmunications services; evawatlon of persons from
stricken areas; allocation of critical materials in short supply; emergency transportation; other
activities related M civilian protection; and other activities necessary to the preparation for the
carrying out of Nese functions.
B. "Emergency Management Agency Foro shall mean Me employee , equipment, and facilities of all
City departments, boards, institutions, and commissions; and in addition, it shall include all
volunteer persons, equipment; and facilities conMbutetl by or obtained from volunteer persons or
agencies.
C. "Director means the director of the City of Bangor Emergency Management Agency, appointed as
prescribed in this ordinance.
D. "DRasoe' mearw Me occurrence o Imminent threat of widespread o severe damage, injury or loss
of life or property resulting from any natural or man-made cause, Including, but Trot limited to, Are,
flood, earthquake, wind, storm, wave action, oil Will a other water contamination requiring
06 146
Aecigoet to nousu.lor Greene
CITY OF
BANGOR
ARtal 10. 20M
(II E.) Ordinance,
Adopting a New Article %VII to
Chapter 28 of the Code
of Ordinances —
Emergency Management Agency
BE If ORDAINED BY THE CM COUNCR OF THE CRy OF BANGOR THAT
There's hereby adopted a new Article XVD to Chapter 28 of the Code of Ordinances as follows:
ARTICLE %VII
Emergerrcy Management Agency
§ 28-72. purpose
It is the Intent and purpose of this Ordinance to establish an Emergency Management Agency in
compliance and in conformity with the provisions of Titre 37-B, MRSA, Section 781 at seg., to ensure
the complete and efRdent utilization of the Citys facilities and resources to combat disaster as defined
herein.
§ 28.73. Definitions
The following definitions shall apply In the interpretation of this ordinance:
A.=Emergency Management Agency' means the agency createtl under this ordinance for the
preparmon for and the carrying out of all emergency Functions, other than functions for which
military forces are primarily responsible, in order M minimPre and repair Injury and damage
resulting from disasters or catashophes caused by enemy or [amorist attacks, sabotage, dots, or
other hostile action, or by fire, good, earthquake, or other natural or man-made causes. These
functions indude, without limitation, firefighting, police, medical and heaBh, emergency welfare,
rescue, engineering, public warning and conmunications services; evawatlon of persons from
stricken areas; allocation of critical materials in short supply; emergency transportation; other
activities related M civilian protection; and other activities necessary to the preparation for the
carrying out of Nese functions.
B. "Emergency Management Agency Foro shall mean Me employee , equipment, and facilities of all
City departments, boards, institutions, and commissions; and in addition, it shall include all
volunteer persons, equipment; and facilities conMbutetl by or obtained from volunteer persons or
agencies.
C. "Director means the director of the City of Bangor Emergency Management Agency, appointed as
prescribed in this ordinance.
D. "DRasoe' mearw Me occurrence o Imminent threat of widespread o severe damage, injury or loss
of life or property resulting from any natural or man-made cause, Including, but Trot limited to, Are,
flood, earthquake, wind, storm, wave action, oil Will a other water contamination requiring
06-196 As Amended
,nY.."`v V
CITY OF BANGOR
is
(TITLE.) Ordinance, Adopting a New Article XVII to Chapter 28 of the Code of Ordinances —
Emergency Management Agency
BE IT ORDAINED BY THE CRY COUNCIL OF THE =OF BANO'OR THAT
There is hereby adopted a new Article XVII to Chapter 28 of the Code of Ordinances as follows:
ARTICLE XVII
Emergency Management Agency
jj 28-7Z Purpose
It is the intent and purpose of this Ordinance to establish an Emergency Management Agency In
compliance and in conformity with the imwis ions of Title 37-8, MRSA, Section 7810 req., W ensure
the complete and efficient utilization of the Cityfs facilities and resources to combat disaster as defined
herein.
§ 28-7& Definitimm
The following definitions shall apply in the interpretation of this ordinance:
y_Emergency Management Agency" means the agency created under this ordinance (or the
preparation for and the carrying out of all emergency functiors, other than functions for which
military forces are primarily responsible, in order to minimize and repair injury and damage
resulting from disasters or catastrophes caused by enemy or temorst attacks, sabotage, riots, or
other hostile action, or by fire, fi4nd, earthquake, or other natural or manmade causes. These
functions include, without limitation, firefighting, police, medical and health, emergency welfare,
rescue, engineering, public warning and communications serrices; evacuation of persons from
strI areas; alloadan of chdol materials in short supply; emergency transportation; other
ad"es related to civilian protection; and other activities necessary to the preparation for the
carrying out of these functions.
B. "Emergency Management Agency ForoW shall mean the employees, equipment, and facilities of all
City departments, Islands, Institutions, and commissions; and in addition, it shall induce all
volunteer persons, equipment, and facilities contributed by or obtained from volunteer persons or
agencies.
C. "Director" means the director of the City of Bangor Fmergeray Management Agency, appointed as
prescibed in this ordinance.
D. "Disaster' means the occurrence or imminent threat of widespread or severe damage, Injury or loss
of life or property resulting from any natural or man-made cause, Including, but not limited to, fire,
flood, earthquake, wind, stoop, wave action, nuclear catastrophe. oil spill cur otherwater
06-146 As Ammdea
contamination requiring emergency action W avert danger or damage, epidemic, extreme public
health emergency pursuant to Title 22, M.R.S.A, Section 802, subsection 2-A, air contemanadon,
blighq drought, critical material shortage, Infestation, explosion, noq or hostile military or
paramilitary action.
§ 28-74. Organization
A. The City Manager shall be rapornible for Me agency's organization, administration, and operation.
The City Manager may employ such pmnanent or temporary employees as he deems necessary
and prescribe their duties.
B. The City Council shall review the misting operational organization to ascertain the agenc(s ability
to ape with its responsibilities and shall approve the Cty's Emergency Operations Man.
§28-75. Appointment of Director, Duties and Responsibilities
The City Manager shall appoint an Emergency Management Director, subject to anfinnatim by the
City Council. The Emergency Management Director shall coordinate the activities of all city
departmeds, organizations, and agencies far civil emergency preparedness within the City and
maintain a liaison with other emergency management and public safety agencies, and have such
additional duties as prescribed by the City Manager.
§28-76. Rules and Regulations
The Emergency Management Director shall prepare, under the direction of the City Manager, such
polides as may be deemed necessary for the administration and operational requirements of the
agency, which policies must he approved by the City Council prior W beaming effective.
§28-77. Emergency Prodamation
A. The City Manager shall have the poyrer and authority, after consultation with the Chair of the City
Coundl, W Imre a proclamation that an emergency exists whenever a disaster or civil emergency
exists or appears imminent The proclamation may declare that an emergency exists in any or all
sections athe City. If the City Manager is tenporarily absent from Me dry on otherwise
unavailable, the Assistant City Manager may Issue the proclamation Mat an emergency exists. If
neither the City Manager nor the Assistant Cry Manager is available, then the following persons
shall have the power and authority W issue a proclamation that an emergency mists, in the
following order of wocasion: the Emergency Management Mrector, the Rre Chief, the Police
Chief, and the Directar of InfasWc[ure and Development. A copy of such proclamation shall be
filed within Lwenty-four (24) hors in the office of the City Clerk.
B. Notwithstanding the above, when consultation with the Chair of the City Council would result in a
substantial delay in an effects a response In alleviating or preventing an emergency or chamber, the
City Manager, or his successor as outlined above, is authorized W take whatever actions are
necessary W prevent the loss of life and property in the City.
C The City Manager and the Emergency Management Director shall be responsible for submitting a full
report W the City Council of all action taken as a result of the declared emergency as coon as the
City Council can he amend.
§28-78. Termination of Emergency
A. When the City Manager, or his succor as outlined above, is satisfied that a disaster or ciWl
emergency no longer musts, be or she shall terminate the emergency proclamation by another
proclamation affecting the sections of the City mw:red by the original proclamation, or any part
thereof. Said termination of emergency shall be filed in the office of the City Clark.
B. No slate of emergency may continue for longer than five (5) days unless renewed by the City
Council.
§28-79. City Marmi Duties and Emergency Powers
A. During any period when an emergency prodamation Is In effect, the City Manager may promulgate
such regulations as he deems necessary to protect lire and property and W preserve: critical
resources within the purposes of this ordinance. Such regulations may Indude, but are not limited
to, to following:
1. Regulations prohibiting or restricting the movement of vehicles in areas within or withour the
nry;
2. Regulations facilitating or resticlrg to movenent of persons within the city;
3. Regulations pertaining to the movement of persons from hazardous areas mil the dry;
4. Such other regulations sacessery in preserve public peace, health, and safety.
B. Nothing in this section shall be construed W limit the authority or responsibility of any department
to proceed under powers and authority granted M then by some statute, city ordinance, or the
charter of the City of Bangor.
C The City Manager or his designee may order the evacuation of persons from hazardous areas within
Me City.
D. The City Manager or his designee shall be authorized W request aid or assistance from the state or
any Political subdivision of the state and may render assistance to other politicel subdivision under
the provisions of Title 37-11, M.R.S.A., Section M.
E. The City Manager may obtain vital supplies, equipment, and other items found lacking and needed
for the protection of health, life, and poperty during an emergency without following normal
purchasing or foetal bid procedures.
F. The provisions of this section will terminate at the end of the declared emergency.
§28-80. Emergency Operations Plan
A. The Emergency Management Director shall prepare an all hazard Emergency Operations Man IMP)
for the city, which shall be submtred W Me Ciry Council far approval. The SOP shall incorporate
the principals of the National Emergency Management System (MMS) and the Incident Command
System (ICS).
B. It shall be the responsibility of all municipal departments and agencies to perform to functions
assigned and W maintain their portions of the plan in a current state of reads ass. The Ory plan
shall be reviewed periodically by the Cry Manager in cenjunctlon with all Ciry department heads
and Me Emergency Management Director.
§28-81. Immun ly from Liability
All Emergemy Management Agency Farces, while engaged in Emergency Management Agency
aclObes, shall be Immune from liability as set forth in Tide 37-B, M.R.SA., Section 822.
§28-82. Compensation for Injuries
All Emergency Management Agency Forces shall be deemed N be employees of the state when
engaged in training or an duty and shall haw: all of the rights of state employees under the Workmen's
Compematon AR, as set foM in Title 37-13, M.ILS.A., Section 823.
§28-83. Violations and fMnalties.
A. It shall be undawful for any person W violate any proAsions of this ordinance or of Bre regulations
or plans issued pursuant to the authority contained herein, or N obstruc% hinder, or delay any
Emergency Management Agemy Farces as herein defined in the enforcement of the proyslom of
Nis ordinance or any regulation or plan Issued hereunder.
B. Any person, firm, or corporation violating any provision of this ordinance or any rule or regulation
promulgated hereunder, upon conviction thereof, shall be punished by a fine of not less than one
hundred dollars ($100.00) and not more than five hundred dollars ($MDAD) and the costs of
prosecution.
§28-84. Conflicting Ordinances, Order; Rule, and Regulations Suspended.
At all times when an emergency proclamation is in effect, the orders, rules, and regulators made and
Promulgated pursuant to this ordimnce shall supersede all existing ordinances, orders, rules, and
regulations, Insofar as the later may be inconsistent herewith.
06 146
emergency action W avert danger or damage, epidemic, extreme public heafth emergency pursuant
W Title 22, M.R.S.A., Section 802, subsection 2-A, air contamination, blight, drought, critical
material shortage, Infestation, explosion, riot, or hostile military or Paramilitary action.
§ 28-70. Organization
A The City Manager shall be responsible for the agengs organization, adminldlrabon, and operation.
The City Manager may employ such permanent or temporary employees as he deems necessary
and prescribe Meir duties.
B. The Cly Council shall review the existing operational organization W ascertain the agenryY ability
to cope with its responsibilities and shall approve the Chys Emergency Operations Plan.
§28-75. Appointment of Director Duties and Responsibilities
The City Manager shall appoint an Emergency Management Director, subject W conflmhat an by the
City Council. The Emergency Management Director shall coordinate the activities of all city
departments, organizations, and agencies for civil emergency preparedness within the city and
maintain a liaison with other emergency management and public safety agendes, and have such
addifional duties as prescribed by the City Manager.
§28-76. Rules and Regulations
The Emergency Management Director shall prepare, under the direction of the City Manager, such
policies as may be deemed necessary for the administration and operational requirements of the
agency, which polities must be approved by the City Council prior W becoming effective.
§28-77. Emergency Prodamation
A. The City Manager shall have the power and authority, after consultation with the Chair of the City
Council, W issue a prodamatcan that an emergency exists whenever a disaster or cM] emergency
ewsls or appears imminent. The proclamation may dedare that an emergency toddle in any or all
sections of Me City. If the Cry Manager Is temporarily absent fran the City or otherwise
unavailable, the Assistant City Manager may same the proclamation that an emergency exists. If
neither Me City Manager nor the Assistant City Manager is available, then Me following persons
shall have the Power and authority W Issue a proclamation that an emergency exists, in the
following order of succession: the Emergency Management DirttMr, the Fre Chief, the Police
Chief, and the Director of infrastructure and Development. A copy of such prodam bon shall be
filed mlhin twenty-four (N) hours In the office of the CM Cale.
B. Notwithstanding the above, when consultation with the (hair of the City Coundl would result In a
subsimrsal delay in an effective response in alleviating or preventing an emergency or chamber, ber, the
City Manager, or his successes as oudined above, is authorized to take whatever actions are
necessary to prevent Me loss of life and property in the City.
C The Cry Manager and the Emergency Management Director shall be responsible for submitting a full
report to the City Council of all actions taken as a result of the declared emergency as soon as the
City Council an be convened.
06 146
§28-78. Terminath n of Emergency
A. When Me City Manager, or his successor as outlined above, is satisfied that a disaster or civil
emergency nw longe edsts, he or she shall terminath the emergency proclamation by another
proclamation afe mg the sections of the City covered by the original proclamation, or any part
thereof. Said termination of emergency shall be filed in the office of the City Clerk.
Is. No state of emergency may wntinue for longer than We (5) clays unless renewed by the Oty
Council.
128-79. CRV Managees Duties and Emergency Powers
A. During any period when an emergency prodamaton is in effect, the City Manager may promulgate
such regulations as he deems necessary to protect line and property and M preserve cnNc it
resources within the purposes of this ordinance. Such regulations may include, but are not limited
M, the following:
1. Regulations prohibiting or restricting the movement of vehicles in arms within or without the
city;
2. Regulations facilitating or restricting the movement of persons within the city;
3. Regulations pertaining to the movement of persons from hazardous areas within the city;
4. Such otherregulations necessaryM preserve public peace, health, and safety.
B. Nothing in this seWhon shall be construed M limit the authority or responsibility of any department
M proceed under powers and authority granted M Mem by state statute, city ordinance, or the
charter of Me City of Bangor.
C. The qty Manager or his designee may order the evacuation of persons from hazardous areas within
the City.
D. The City Manager or his designee shall he autlwn¢ed to request aid or assistance from the site or
any pol@ical subdivision of the state and may render assistance M other pol'Aical subtimsh n under
the provisions of Tide 37-8, M.R.SA., Section M.
E. The City Manager may obtain vital supplies, equipment and other items found lacking and needed
Rx the protection of health, Ife, and property during an emergency without following normal
purchasing or formal bid procedures.
F. The provisions of this section will terminate at the end of the declared emergency.
128-8& Emergent' operations Plan
& The Emergency Management Director shall prepare an all hazard Emergency Operations Plan (EOP)
for the city, which shall be submitted M the Oty Coundl for approval. The EOP shall incorporate
the principals of the National Emergency Management System (NMS) and Me Incident Command
System (ICS).
B. D shall he the responsibility of all municipal departments and agendas M perforin the funcdons
assigned and M maintain their portions of the plan in a current state of readiness. The City plan
shall be reviewed parochially by the City Manager in wlgunctlon with all City department heads
and the Emergency Management Director.
06 146
§28-81. Immunity from OebiRty
All Emergency Management Agency Forces, white engaged in Emergency Management Agency
aNvities, shall he Immune lion liability as set forth in Intle 37-B, M.R.S.A., Section M.
§28-82. Compensation for Injuries
All Emergency Management Agency Farces shall be deemed W be employees of the state when
engaged in training or on duty and shall have all of the rights of state employees under the Workmen's
Compensation Act, as set fond in Title 37-B, MRSA, Section 923.
§28-83, Molations and Penalties.
A. It shall be unlawful for any person to violate any provisions of this ordinance or of the regulations
or plans issued pursuant W the authority contained herein, or to obstruct, hinder, or delay any
Emergency Management Agency Fortes as herein defined in the enforcement of the provisions of
this ordnance or any regulation or plan Issued hereunder.
B. Any person, firm, ar corlmimlon violatirg any provissm of this ordinance or arty rule or regulation
promulgated hereunder, upon conviction thereof, shall be punished by a fine of not less than one
hundred dollars ($100.00) and not more than five hundred dollars ($500.00) and the costs of
prosection.
§28-89. Conflicting Ordinarrws, Orders, Rules, and Regulations Suspended.
At all times when an emergency proclamation s in effect, the orders, rules, and regulations made and
promulgated pursuant W this ordnance shall supersetle all edsdng ordinances, orders, rules, and
mgulab", insofar as the latter may be inconsistent herewith.
ID CITY COOXCIL
April 10. 2006
Frit gouging
A Referred to
Nor ���Oenr Operations � ^`tee
CITY C1.9gH
IN CITY COUNCIL
April 24. 2006
Nation Nage and Seconded
for Passage
Nation Made and seconded to
Include" Nuclear Castastropbe"
Passed
Nation Made and Secmded for
Passage as Amended
Vote I -o
councilors voting yes: Caslmell.
O'errlco Farrington, Gmtsick,
Greene, Nares, Palver
Councilor voting m
Councilors absent: Allen 6
Store
Pasta
I CITY Um
p 06-146
ORDIRANC8
Cyfllp,N Adapting a Has Article BVI to
Chapter 28 of the Gode of Ordinance -
Emergeney Nansgasaot Agency
A.... a Cased.�i' .