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.
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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
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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").
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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)