ALEXANDER COUNTY EMERGENCY MANAGEMENT ORDINANCE
ALEXANDER COUNTY EMERGENCY OPERATIONS PLAN
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The Town of Taylorsville and The County of Alexander
ordains: The Alexander County Emergency Management Ordinance. |
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Section 1. Short Title: |
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This Ordinance shall be known and may be cited and referred
to as the "Emergency Management Ordinance for the Town of Taylorsville and the
County of Alexander". |
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Section 2. Intent and Purpose: |
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| (1) |
It is the intent and purpose of this Ordinance to
establish an office that will insure the complete and efficient
utilization of all of the Town of Taylorsville and the County of
Alexander's resources to combat disaster resulting from enemy actions or
other disasters as defined herein. |
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| (2) |
The County of Alexander Office of Emergency Management will
be the coordinating agency for all activity in connection with Emergency
Management; it will be the instrument through which the Town of
Taylorsville Council and the Alexander County Board of Commissioners may
exercise the authority and discharge the responsibilities vested in them
during disaster emergencies. |
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| (3) |
This Ordinance will not relieve any Town or County
Department of the moral responsibilities or authority given to it in the
Town or County Charter or by local ordinances, nor will it adversely
affect the work of any volunteer agency organized for relief in disaster
emergencies. |
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Section 3. Definitions: |
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| (1) |
The following definitions shall apply in the interpretation
of this Article: |
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| (a) |
"Emergency Management" is the basic government functions of
maintaining the public peace, health and safety during an emergency. This
term shall include plans and preparations for protection and relief,
recovery and rehabilitation from effects of an attack by the forces of an
enemy nation or the agents thereof, or a disaster as defined herein. It
shall not, however, include any activity that is the primary
responsibility of the military forces of the United States.
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| (b) |
"Attack" shall mean direct or indirect assault against the
Town of Taylorsville and the County of Alexander, its government, its
environs, or of the nation, by the forces of a hostile nation or the
agents thereof, including assault by bombing, conventional or nuclear,
chemical or biological warfare, terrorism or sabotage.
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| (c) |
"Disaster" includes but is not limited to actual or
threatened enemy attack, sabotage, extraordinary fire, flood, storm,
epidemic, accident, chemical spill or other impending or actual calamity
endangering or threatening to endanger health, life or property of
constituted government.
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| (d) |
"Emergency Management Forces" shall mean the employees,
equipment and facilities of all Town and County departments, boards,
councils, institutions and commissions; and in addition, it shall include
all volunteer personnel, equipment and facilities contributed by or
obtained from, volunteer persons or agencies.
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| (e) |
"Volunteer" shall mean contributing a service, equipment or
facilities to the Emergency Management Agency without remuneration.
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| (f) |
"Emergency Management Volunteer" shall mean any person duly
registered, identified and appointed by the Coordinator of the Emergency
Management Agency and assigned to participate in the Emergency Management
Activity.
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| (g) |
"Coordinator" shall mean the Coordinator of the Alexander
County Emergency Management Agency, as described in this Ordinance.
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| (h) |
"Regulations" shall include plans, programs and other
emergency procedures deemed essential to emergency management. |
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Section 4. Organization
and Appointments: |
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| (1) |
The organization shall consist of the following: |
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| (a) |
An agency of Emergency Management within the Alexander
County government under the direction of the Alexander County Board of
Commissioners. The agency head of the Emergency Management Agency shall be
known as the Coordinator, and such assistants and other employees as are
deemed necessary for the proper functioning of the agency will be
employed.
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| (b) |
The employees and resources of all Town of Taylorsville and
Alexander County departments, boards, institutions, and councils shall
participate in the Emergency Management activities. Duties assigned to
Town or County departments shall be the same as or similar to the normal
duties of the department, where possible.
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| (c) |
Volunteer personnel and agencies offering service to, and
accepted by the Town and County. |
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| (2) |
The Alexander County Board of Commissioners shall employ a
Coordinator of the Alexander County Emergency Management Agency who shall
be a person well versed and trained in planning operations involving the
activities of many different agencies which will operate to protect the
public health, safety and welfare in the event of danger from enemy
action or disaster as defined in this Ordinance. |
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| (3) |
The Coordinator shall designate Deputy Coordinators to
assume the emergency duties of the Coordinator in the event of his absence
or inability to act. |
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Section 5. Day to Day
Duties and Responsibilities of the Coordinator: |
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| (1) |
The Coordinator shall be responsible to the Alexander
County Board of Commissioners in regard to all phases of Emergency
Management activity. The Coordinator shall be responsible for the
planning, coordination and operation of the Emergency Management
activities in Alexander County. The Coordinator shall maintain liaison
with the State and Federal authorities and the authorities of nearby
political subdivisions so as to insure the most effective operation of the
Emergency Management plans. The Coordinator's duties shall include, but
not be limited to, the following: |
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| (a) |
Coordinating the recruitment of volunteer personnel and
agencies to augment the personnel and facilities of the Town of
Taylorsville and the County of Alexander for Emergency Management
purposes.
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| (b) |
Development and coordination of plans for the immediate use
of all facilities, equipment, manpower and other resources of the County
for the purpose of minimizing or preventing damage to persons and
property; and protecting and restoring to usefulness governmental services
and public utilities necessary for the public health, safety, and welfare.
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| (c) |
Negotiating and concluding agreements with owners or
persons in control of building or other property for the use of such
building or other property for Emergency Management purposes and
designating suitable buildings as public shelters.
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| (d) |
Through public informational programs, educating the
populace as to actions necessary and required for the protection of their
persons and property in case of enemy attack or disaster as defined
herein, either impending or present.
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| (e) |
Conducting public practice alerts to insure the efficient
operation of the Emergency Management forces and to familiarize residents
with Emergency Management regulations, procedures and operations.
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| (f) |
Coordinating the activity of all other public and private
agencies engaged in any Emergency Management activities. |
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Section 6. Emergency
Management Plans: |
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| (1) |
Comprehensive Emergency Management plans shall be adopted
and maintained by resolution of the Taylorsville Town Council and
Alexander County Board of Commissioners. In the preparations of these
plans as it pertains to city and county organization, it is intended that
the services, equipment and facilities and personnel of all existing
departments and agencies shall be utilized to the fullest extent. When
approved, it shall be the duty of all departments and agencies to perform
the functions assigned by these plans and to maintain their portions of
the plans in a current state of readiness at all times. These plans shall
have the effect of law whenever a disaster, as defined in this Ordinance,
has been proclaimed. |
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| (2) |
The Coordinator shall prescribe in the emergency plans
those positions within the disaster organization, in addition to his own,
for which lines of succession are necessary. In each instance, the
responsible person will designate and keep on file with the Coordinator a
current list of three (3) persons as successors to his position. The list
will be in order of succession and will nearly as possible
designate persons best capable of carrying out all assigned duties and
functions. |
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| (3) |
Each service chief and department head assigned
responsibility in the Plans shall be responsible for carrying out all
duties and functions assigned therein. Duties will include the
organization and training of assigned employees and, where needed,
volunteers. Each chief shall formulate the Standing Operating Guidelines to
implement the plans for his service. |
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| (4) |
Amendments to these Plans shall be submitted to the
Coordinator. If approved, the Coordinator will then submit the amendments
to the Taylorsville Town Council and the Alexander County Board of
Commissioners with his recommendation for their approval. Such amendments
shall take effect 30 days from the date of approval. |
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| (5) |
When a required competency or skill for a disaster function
is not available within government, the Coordinator is authorized to seek
assistance from persons outside of government. The assignment of duties,
when of a supervisory nature, shall also include the granting of authority
for the persons so assigned to carry out such duties prior to, during, and
after the occurrence of a disaster. Such services from persons outside of
government may be accepted by local government on a volunteer basis. Such
citizens shall be enrolled as Emergency Management Volunteers. |
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Section 7. No Municipal
or Private Liability: |
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| (1) |
This Ordinance is an exercise by the Town of Taylorsville
and the County of Alexander of its governmental functions for the
protection of the public peace, health, and safety, and neither the Town
of Taylorsville and the County of Alexander nor agents and representatives
of same, or any individual, receiver, firm, partnership, corporation,
association, or trustee, or any of the agents thereof in good faith
carrying out, complying with or attempting to comply with any order, rule
or regulation promulgated pursuant to the provisions of this Ordinance,
shall be liable for any damage sustained to persons or property as the
result of said activity. |
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| (2) |
Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants the Town of
Taylorsville and the County of Alexander the right to inspect, designate
and use the whole or any part or parts of such real estate or premises for
the purpose of sheltering persons during an actual, impending or practice
disaster situation shall not be civilly liable for the death of, or injury
to, any persons on or about such real estate or premises under such
license, privilege or other permission; or for loss of, or damage to, the
property of such person. |
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Section 8. Violations: |
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It shall be a misdemeanor for any person to violate any of
the provisions of this Ordinance or plans issued pursuant to the authority
contained herein, or to willfully obstruct, hinder or delay any member of
the Emergency Management organization as herein defined in the enforcement
of the provisions of this Ordinance or any plan issued thereunder. |
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Section 9. Severability: |
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Should any provision of this Ordinance be declared invalid
for any reason, such declaration shall not affect the validity of other
provisions, or of this Ordinance as a whole, it being the legislative
intent that the provisions of this Ordinance shall be severable and remain
valid notwithstanding such declaration. |
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Section 10. Conflicting
Ordinances, Orders, Rules and Regulations Suspended: |
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At all times when the orders, rules and regulations made
and promulgated pursuant to this Ordinance shall be in effect, they shall
supersede all existing ordinances, orders, rules and regulations insofar
as the latter may be inconsistent therewith. |
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Section 11. Effective
Date: |
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This Ordinance took effect on the 7th day of
November, 1988 and has been duly revised and adopted
by Alexander County Board of Commissioners and Town of Taylorsville
whose signatures appear below.
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__________________________ __________________________ Norris Keever Guy E. Barriger Chairman, Alexander County Mayor, Town of Taylorsville Board of Commissioners
ATTEST: ATTEST:
__________________________ __________________________ Jamie M. Starnes Yolanda Prince Clerk to the Board Clerk to the Board Alexander County Town of Taylorsville
Date:_______________________ Date:_______________________ (SIGNATURES ON FILE) |
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