Hillsborough Municipal Code Ch. 2.24 Emergency Organization

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the town in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of the town with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 586 § 1 (part), 1999)

As used in this chapter "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the town caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the town, requiring the combined forces of other political subdivisions to combat.

(Ord. 586 § 1 (part), 1999)

A. There is created the office of director of emergency services. The city manager shall be the director of emergency services.

B. There is created the office of assistant director of emergency services, who shall be appointed by the director.

(Ord. 586 § 1 (part), 1999)

There is created the Hillsborough disaster council, consisting of the following:

A. The mayor, who shall be chairman.

B. The director of emergency services, who shall be vice chairman.

C. The assistant director of emergency services.

D. The police chief or his designee, the fire chief or his designee, and the director of public works or his designee. If the police chief, fire chief, or public works director is unavailable and unable to designate a replacement, the highest ranking available member of the department in question shall be the member of the disaster council in place of such chief or director.

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.

(Ord. 586 § 1 (part), 1999)

A. It shall be the duty of the Hillsborough disaster council, and it is empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

B. Without limiting the generality of subsection A of this section, the Hillsborough disaster council shall develop the town emergency plan, which plan shall provide for the effective mobilization of all of the resources of the town, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, including, without limitation, the staff of the emergency organization and its powers and duties and services. Such plan shall take effect upon adoption by resolution of the city council.

C. The Hillsborough disaster council shall meet upon call of the chairman or, in the chairman's absence from the town or inability to call such a meeting, upon call of the vice chairman.

(Ord. 586 § 1 (part), 1999)

A. The director is authorized to:

1. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation with seven days thereafter or the proclamation shall have no further force or effect;

2. Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency organization of the town for the accomplishment of the purposes of this chapter;

4. Direct cooperation between and coordination of services and staff of the emergency organization of the town and resolve questions of authority and responsibility that may arise between them; and

5. Represent the town in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

B. In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the director is authorized to:

1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations shall be confirmed at the earliest practicable time by the city council;

2. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the town for the fair value thereof and, if required immediately, to commandeer the same for public use;

3. Require emergency services of any officer or employee of the town and, in the event of the proclamation of a "state of emergency" in the county in which the town is located or the existence of a "state of war emergency," to command the aid of as many private citizens as the director deems necessary in the execution of his duties, all such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4. Declare a curfew in the manner provided by Section 2.24.080;

5. Requisition necessary personnel or material of any city department or agency; and

6. Execute all ordinary powers as city manager, all special powers conferred upon the director by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, and all other powers conferred by any statute, by any agreement approved by the city council, or by any other lawful authority.

C. The director of emergency services shall designate the order of succession to that office, to take effect in the event that the director is unavailable to attend meetings and otherwise perform the duties of director during an emergency. Such order of succession shall be approved by the city council.

D. The assistant director shall, under the supervision of the director and with the assistance of those persons described in Section 2.24.040D, develop emergency plans and manage the emergency programs of the town, and shall have such other powers and duties as may be assigned by the director.

(Ord. 586 § 1 (part), 1999)

All officers and employees of the town, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.24.060(B)(3) be charged with duties incident to the protection of life and property in the town during such emergency shall constitute the emergency organization of the town.

(Ord. 586 § 1 (part), 1999)

If an emergency has been proclaimed in accordance with the provisions of Section 2.24.060, the director is authorized to:

A. Declare a special curfew for not more than seventy-two hours and limited to the area(s) wherein the emergency conditions have been proclaimed to exist and limited to the hours the director finds and publicly declares to be necessary for the protection of persons and property. The director may extend the curfew beyond the initial seventy-two hours upon recommendation by the city council, but subject to immediate termination at any time upon the city council's written order; or

B. Declare a general curfew for not more than twenty-four hours. Such curfew may be extended only upon recommendation of the city council but the duration of such curfew is absolutely restricted to twenty hours in any twenty-four hour period after the passing of the initial twenty-four hour period.

(Ord. 586 § 1 (part), 1999)

A. During the effective hours of a general curfew, it is unlawful for any person to remain in or upon any public street, road, highway, alley, park, playground, pathway, or sidewalk, or other public ground or building or place of public amusement or entertainment, or vacant lot in the town unless the presence of such person in such place(s) is required by some legitimate business in which such person is engaged.

B. During the effective hours of a special curfew, it is unlawful for any person to be or appear outside a dwelling house or other building within the curfew area(s) unless compelled to do so by an emergency or unless authorized by a law enforcement officer.

(Ord. 586 § 1 (part), 1999)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the town.

(Ord. 586 § 1 (part), 1999)

It shall be a misdemeanor, punishable as set forth in Chapter 1.08 of this code, for any person, during an emergency, to:

A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter;

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the town, or to prevent, hinder, or delay the defense or protection thereof;

C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Ord. 586 § 1 (part), 1999)