(A) Title. This section shall be known as the snow emergency ordinance for the town and shall apply to all streets, alleys or right-of-ways maintained by the Town Street Department.
(B) Procedure.
(1) The Town Council President, after consultation with the Town Council members, the Town Manager, the Town Marshal, and the Street Superintendent, if available, or the respective representative designated by each as the person to consult in his or her absence for the purpose of recommending a snow emergency declaration, may declare a snow emergency by executive order when, in the President’s judgment, such order would be in the best interest of the public safety and welfare of the residents in the town.
(2) If the Council President is not available, any Council member may declare a snow emergency if at least two of the above-mentioned officials (or the respective designated representatives of each) also recommend a declaration.
(3) If no Council members are available to declare a snow emergency, then all three of the above-mentioned officials (or the respective designated representatives of each) may declare a snow emergency.
(4) The above-mentioned officials or their respective designees who declare a snow emergency shall designate whether it is a Level 1 (declared) Snow Emergency, a Level 2 (Warning) Snow Emergency or a Level 3 (Watch) Snow Emergency, based on the criteria set forth in division (C) below.
(5) Such emergency shall continue in effect until the above-mentioned officials or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.
(C) Levels defined. A snow emergency declaration pursuant to this section shall consist of three levels in order to keep the residents in the town informed of the weather and town street conditions, and to assist the Street Department in the clearing of municipal streets by eliminating stranded vehicles:
(1) Snow Emergency "Advisory" (formerly referred to as Level 3 - Yellow). ADVISORY, the lowest level of local travel advisory, means that routine travel or activities may be restricted in areas of the town because of a hazardous situation; and individuals should use caution or avoid those areas.
(2) Snow Emergency "Watch" (formerly referred to as Level 2 - Orange). WATCH means that conditions are threatening to the safety of the public. During a "watch" local travel advisory, only essential travel such as to and from work or in emergency situations, is recommended, and emergency
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action plans should be implemented by businesses, schools, government agencies and other organizations.
(3) Snow Emergency "Warning" (formerly referred to as Level 1 - Red). WARNING, the highest level of local travel advisory, means that travel may be restricted to emergency management workers only. During a "warning" local travel advisory, individuals are directed to:
(a) Refrain from all travel;
(b) Comply with necessary emergency measures;
(c) Cooperate with public officials and disaster services forces in executing emergency operations plans; and
(d) Obey and comply with the lawful directions of properly identified officers. Further and more specific restrictions, including parking restrictions, may be included in a "warning" local travel advisory.
(4) Issuance authority; “advisory” or “watch” level travel advisory. If the emergency management agency director or the principal executive officers identified in Ord. 2009-12 determine that conditions in the town have created the need for travel advisory restrictions without a local disaster emergency declaration under I.C. 10-14-3-29, the emergency management agency director or principal executive officers may issue an "advisory" or a "watch" level travel advisory.
(5) Issuance authority; "warning" level travel advisory. A "warning" level travel advisory may be issued only after local disaster emergency is declared under I.C. 10-14-3-29.
(D) Publication. Publication and broadcast of a Level 1, 2, or 3 Snow Emergency declaration order shall be made or caused to be made by the Council or other officials designating the level of the snow emergency by contacting local law enforcement agencies, fire departments, E911 dispatch office, news media, the Noble County Emergency Management Office and posting the notice on the town website at albion-in.org.
(E) Exemptions. Those vehicles exempt from this section shall include medical assistance, law enforcement, fire department, emergency management, public utility, and fuel hauling vehicles, and employees of any of the above exempt services, if engaged in performing their respective duties. Any other vehicles violating this section are subject to removal by towing or other means at the expense of the owner of the vehicle, when such towing and/or removal is deemed necessary by any one or more of the following: the Town Street Department, the Town Police Department, the Noble County Sheriff’s Department, a State Conservation Officer, or the Indiana State Police.
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(F) Penalties. Persons violating any provisions of this section shall be guilty of committing an infraction and may be fined the sum of $25 for the first offense and an amount not to exceed $100 for all other offenses and such shall be enforceable in any court of law, duly authorized by Indiana state law, and in addition to the fine the court shall be authorized to direct the violator to repay the town any monetary losses or expenses incurred in the incident.
(Ord. 2009-12, passed 10-13-09; Am. Ord. 2011-16, passed 1-10-12)