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HomeMy Public PortalAbout2006_09_12_O016 Amending the TC to add Chapter Emergency Services The Town of Leesburg, Virginia ORDINANCE NO. 2006-0-16 PROPOSED: September 12.2006 ADOPTED: September 12.2006 AN ORDINANCE: TO AMEND THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED BY ADDING A NEW CHAPTER 6.1 (THE EMERGENCY SERVICES). THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That the Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same hereby is amended by:adding a new Chapter 6.1 (EMERGENCY SERVICES) to read as follows: EMERGENCY SERVICES. Sec. 6.1.1. Created; director, coordinator. In accordance with the Commonwealth Emergency Services and Disaster Law of 2000, Chapter 3.2 of Title 44 (~44-146.13 et seq.) of the Code of Virginia, the office of Emergency Services is created. The Town Manager shall be Director of Emergency Services (within this Chapter, the "Director"). He may in writing appoint a Coordinator of Emergency Services (within this Chapter, the "Coordinator"), who shall report to him and who shall have such powers as are set forth in this Chapter unless restricted by the Director, or as may otherwise be assigned or delegated by the Director. Sec. 6.1.2. General powers and duties of Director. A. In collaboration with other public and private agencies within the Commonwealth, the Director shall develop or cause to'be developed Mutual Aid arrangements for reciprocal assistance in case of a disaster to<? great to be dealt with unassisted. B. The Director shall prepare or cause to be prepared and kept current one or more local or interjurisdictional emergency plans for the area, for dealing with disasters of different types and scopes. The plan or plans shall include, but not be limited to, responsibilities of all local agencies, and they shall establish 8: chain of command according to the National Incident Management System. Plans shall be reviewed annually and updated when changes result from the review, with documentation. C. The Director shall have such other'powers and duties as provided for in the Commonwealth Emergency Services and Disaster Law of 2000 (Code of Virginia ~44- 146.13 et seq.), and any and all other applicable laws, plus all powers reasonably and necessarily implied from any express grant of authority. -2- ORDINANCE: TO AMEND THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED BY ADDING A NEW CHAPTER 6.1 (THE EMERGENCY SERVICES) Sec. 6.1.3. Declaration of emergencies. A. The Director may declare a local emergency. B. The Director or the Coordinator shall designate a Command and Control Center. C. Prior to the declaration of a local emergency, the Director shall attempt to obtain the prior formal or informal consent of Town Council. However, if such consent is not reasonably practical under the circumstances, then the declaration shall nevertheless be legally valid and of full legal force and authority. D. The declaration shall be in writing. It shall remain in effect for fourteen days, or until confirmed, modified, extended, or ~ancelled by official recorded vote of Town Council, whichever occurs first. If Town Council extends the declaration, it shall state the length of the extension and the condition~ and procedures under which it shall be ended, if practicable. If Town Council is unable to meet within fourteen days, then the declaration may be renewed or extended by the Director for an indefinite period of time unless and until later modified or cancelled by the Director or Town Council. E. To the greatest extent practicable, the Director or the Coordinator shall maintain a written record of all official actions taken hereunder, for later review by applicable state, federal, and local agencies. Sec. 6.1.4. Emergency Powers. ' When a local emergency has been. declared by the Director pursuant to Section 6.1.3, or by Order of the Governor, pursuant to Code of Virginia ~44-146.17: A. All departments and agencies of Town government shall cooperate in full with all directives from the Director or the Coordinator. B. The Director or the Coordinator may: (1) Implement any applicable emergency plans and Mutual Aid Agreements. (2) Suspend all normal procurenient requirements in whole or in part. (3) Control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the Town. (4) Establish shelters aS,he determines necessary. If any private property is declared to be a shelter, the owner thereof shall have the right to just compensation -3- ORDINANCE: TO AMEND THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED BY ADDING A NEW CHAPTER 6.1 (THE EMERGENCY SERVICES) upon conclusion ofthe emergency, but he may not lawfully resist or interfere with the use of said property as a shelter during the emergency; provided however that no shelter shall be established in a private residence without the consent of the property owner. (5) Commandeer and appropriate automobiles, boats, other vehicles, or other personal property if needed to protect the public. The owner of any such personal property shall have the right to just compensation upon conclusion of the emergency, but he may not lawfully resist or interfere with the taking of his property to protect the public. (6) Direct any Town employees to work at such hours and to perform such duties as are reasonably necessary to help protect and serve the public, and it shall be their duty to perform as directed. (7) Request the assistance of the County Manager, Superintendent of Schools, the Sheriff, the Director of Public Health, or any other public official to make employees, officials, facilities, and equipment available to assist as needed with emergency efforts. (8) Order an emergency curfew. (9) Order the evacuatio~ of areas of the Town. Such evacuation orders may be enforced by any sworn officer. ' Failure to evacuate shall comprise the misdemeanor offense of resisting a police officer in the enforcement of his duty, and disorderly conduct. (10) Provide support or cooperation for the Loudoun County Director of Public Health for any actions taken by, that official. C. Any official of the Leesburg Police Department may order the evacuation of buildings. Any sworn officer may order evacuation because of an explosive device. Failure to evacuate shall comprise obstruction or l:llndrance of a Town employee in the discharge of his duty and disorderly conduct and sha11 be punishable as a Class 1 misdemeanor. D. The Director or the Coordinator shall provide all reasonable assistance to the State Health Commissioner in the enforcement of any order of quarantine or order of isolation issued pursuant to Code of Virginia, Title 32.1, Article 3.02 ("Quarantine and Isolation of Persons with Communicable Diseases of Public Health Threat"). -4- ORDINANCE: TO AMEND THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED BY ADDING A NEW CHAPTER 6.1 (THE EMERGENCY SERVICES) Section 6.1.5. Emergency succession. If a local emergency has been declared, and the Director is for any reason incapacitated, disabled, or for any other reason unable to perform his duties, his powers shall pass to a successor official, in the following order: A. The Coordinator, if one has been appointed. B. The Chief of Police. C. The Deputy Chief of Police. D. The Director of Engineering and Public Works. Section 6.1.6. Legal determinations. Any question involving the interpretation of this Article shall be decided by the Town Attorney, or in his absence a Deputy Town Attorney, whose decision shall be final and binding. SECTION II. This Ordinan,ce shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinan~e as a whole or any remaining provisions of the , ' ordinance. PASSED this 12th day of September 2006. ~l:~ . n C. Umstattd, Mayor Town of Lees burg ATTEST: .aM 006: 6.1 (Emergency Services)