§ 38.071 SPECIAL EMERGENCY POWERS AND DUTIES OF DIRECTOR OF EMERGENCY MANAGEMENT; POWER TO IMPLEMENT EMERGENCY OPERATIONS PLANS DURING PRESUMPTIVE STATE OF EMERGENCY; RENDERING OF ASSISTANCE BY EMERGENCY MANAGEMENT AGENCY.
   (A)   In the event that an emergency clearly exists or is imminent within the county, and state of emergency has not been declared by the Governor, nor is any person having the powers of the chief executive officer of the county present to declare such an emergency pursuant hereto, the Director may temporarily presume the existence of a state of emergency even though not officially declared and may, as his or her own judgment dictates, invoke, implement, and carry out such provisions of the county’s adopted comprehensive emergency management and disaster control plan as are necessary to cope with the emergency and protect the public safety and welfare, and shall be construed to have all powers necessary and dispensable to doing so to the extent not specifically limited by statute, or specifically limited herein, until such time as a chief executive officer becomes available.
   (B)   (1)   This section also applies to the Deputy Director to the extent that the Deputy Director is required to assume the duties of the Director, as provided hereby, in the latter’s absence or incapacitation during the emergency.
      (2)   Assistance from the County Emergency Management Agency may be rendered without a declaration of an emergency in order to assist local emergency services in time or need.
(Prior Code, § 36.071) (Ord. 92-03, passed 4-20-1992)