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Home My Public Portal About2010_02_09_R017 - Declaration of Local EmergencyThe Town o f RESOLUTION NO. 2010-017 PRESENTED February 9, 2010 ADOPTED February 9, 2010 A RESOLUTION: AUTHORIZING AND APPROVING THE "DECLARATION OF LOCAL EMERGENCY" WHEREAS, the Winter Storm occurring February 5 through February 7, 2010, brought record amounts of snow to the Town of Leesburg; an additional Winter Storm occurring on February 9 through February 10 will continue to increase the amounts of snow; and WHEREAS, the effect of both snowstorms will have significant public safety implications; and WHEREAS, there is a perpetual threat of unpredictable emergency occurrences during this period; and WHEREAS, the Governor of the Commonwealth of Virginia has declared a state of emergency for the Commonwealth on February 3, 2010 in anticipation of the impact that the storm would have and will continue to have on the Commonwealth; and WHEREAS, these conditions pose a threat of substantial injury and harm to the public and substantial damage to and loss of property, and will potentially result in an unprecedented requirement for inter-agency and inter-governmental coordination; and WHEREAS, under the best circumstances intense coordinated governmental actions will be and are required to prevent and alleviate the damage and loss threatened by the event; and WHEREAS, under the authority of the Code of Virginia§44-146.16 et. seq. and §44- 146.21(a); and the Leesburg Town Code, Chapter 12 "Emergency Management and Emergency Services, et. sec.;" the Town Manager declared that there was a local emergency and executed said "Declaration of Local Emergency", (Attached as Exhibit A); and -2- A RESOLUTION: AUTHORIZING AND APPROVING THE "DECLARATION OF LOCAL EMERGENCY" WHEREAS, under the authority of the Leesburg Town Code, Chapter 12, "Emergency Management and Emergency Services," the Town Council shall within 14 days confirm, modify, extend, or cancel the "Declaration" by an official recorded vote of the council. THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia that the Town Council AFFIRMS the "Declaration of Local Emergency" executed by the Town Manager on February 5, 2010, which shall remain in effect for 14 days from February 5, 2010, unless extended or terminated by the "Director of Emergency," his successor official as his designee, Town Council, or by operation of law. PASSED this 9th day of February, 2010. ~~~ •~ C. U stattd, Mayor Town of Leesburg AT S Clerk of Co c' P:UtesolutionsU2esolutions 2010\0209 Authorizing and Approving the Declazation of Local Emergency.doc DECLARATION OF LOCAL EMERGENCY TOWN of LEESBURG, VIRGINIA ~_ G~. `, `~RO:,w'>.. WHEREAS, the Winter Storm occurring February 5 through Feb 7 ,2010, is expected to bring potentially record amounts of snow to the Town of Leesburg; and WHEREAS, the effects of this snowstorm will have significant public safety implications; and WHEREAS, there is a perpetual threat of unpredictable emergency occurrences during this period; and WHEREAS, the Governor of the Commonwealth of Virginia has declared a state of emergency for the Commonwealth on February 3, 2010 in anticipation of the impact that this storm will have on the Commonwealth; and Exhibit A. WHEREAS, these conditions pose a threat of substantial injury and harm to the public and substantial damage to and loss of property, and will potentially result in an unprecedented requirement for inter-agency and inter-governmental coordination; and WHEREAS, under the best circumstances intense coordinated governmental actions will be required to prevent and alleviate the damage and loss threatened by the event; NOW, THEREFORE, IT IS HEREBY DECLARED, that, effective Friday, February 5 2010 at 6:00 P.M., a local emergency exists throughout the Town of Leesburg because the circumstances associated with the February 5-7, 2010 snowstorm create the threat of an emergency that threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened pursuant to the Code of Virginia §44-146.16 et seq. and ~44- 146.21(a); and the Town Code Chapter 12 Emergency Management and Emergency Services et seq. IT IS FURTHER DECLARED that the Town of Leesburg Emergency Operations Plan is now in effect. Jo A. Wells, Town Manager Dir ctor of Emergency Management Chapter 12 EMERGENCY MANAGEMENT AND EMERGENCY SERVICES* *State law references: Commonwealth of Virginia Emergency Services and Disaster Law of 2000, Code of Virginia, § 44-146.13 et seq. Sec. 12-1. Office of emergency services created; director, coordinator. Sec. 12-2. General powers and duties of director. Sec. 12-3. Declaration of emer eg ncies. Sec. 12-4. Emergencypowers. Sec. 12-5. Emergency succession. Sec. 12-1. Office of emergency services created; director, coordinator. In accordance with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Code of Virginia, § 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 management (within this chapter, the "director"). He may, in writing, appoint a coordinator of emergency management (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. (Code 1976, § 6.1-1; Ord. No. 2006-0-16, § I, 9-12-2006) State law references: Director and coordinator of emergency management required, Code of Virginia, § 44-14.19. Sec. 12-2. 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 too 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 a 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 of Virginia 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. (Code 1976, § 6.1-2; Ord. No. 2006-0-16, § I, 9-12-2006) Sec. 12-3. Declaration of emergencies. (a) The director may declare a local emergency with the consent of the town council. (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 14 days, or until confirmed, modified, extended, or cancelled 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 conditions and procedures under which it shall be ended, if practicable. If town council is unable to meet within 14 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. (Code 1976, § 6.1-3; Ord. No. 2006-0-16, § I, 9-12-2006) State law references: Declaration of local emergency, Code of Virginia, § 44-146.21. Sec. 12-4. Emergency powers. When a local emergency has been declared by the director pursuant to section 12-3, or by order of the governor, pursuant to Code of Virginia, § 44-146.17: (1) All departments and agencies of town government shall cooperate in full with all directives from the director or the coordinator. (2) The director or the coordinator may: a. Implement any applicable emergency plans and mutual aid agreements. b. Suspend all normal procurement requirements in whole or in part. c. 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. d. 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 upon conclusion of the 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. e. 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. £ 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. g. Request the assistance of the county administrator, 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. h. Order an emergency curfew. i. Order the evacuation 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. j. Provide support or cooperation for the county director of public health for any actions taken by that official. (3) Any official of the town 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 hindrance of a town employee in the discharge of his duty and disorderly conduct and shall be punishable as a class 1 misdemeanor. (4) 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, tit. 32.1, art. 3.02 (Quarantine and Isolation of Persons with Communicable Diseases of Public Health Threat). (Code 1976, § 6.1-4; Ord. No. 2006-0-16, § I, 9-12-2006) Sec. 12-5. 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: (1) The coordinator, if one has been appointed. (2) The chief of police. (3) The deputy chief of police. (4) The director of public works. (Code 1976, § 6.1-5; Ord. No. 2006-0-16, § I, 9-12-2006)