(A) Applicability. This section shall apply whenever the Governor, pursuant to I.C. 10-14-3-11 and 10-14-3-12 has declared a disaster emergency affecting all or part of the county; the Principal Executive Officer of the county, pursuant to I.C. 10-14-3-29 is preparing to or has declared a local disaster emergency affecting all or part of the county; or the Board of Commissioners has implemented a test of the county’s Comprehensive Emergency Management Plan and procedures in accordance with and to the extent necessary or dispensable to such test.
(B) Declaration of disaster emergency. In the event of an actual or threatened disaster emergency affecting the county, the Principal Executive Officer of the county may declare a local emergency, pursuant to I.C. 10-14-3-29. If feasible, the Principal Executive Officer of the county shall seek the advice and input of the Director as to the advisability of declaring a local disaster emergency.
(1) Contents of the declaration. The declaration shall be in writing; state the nature of the disaster; state the conditions that have brought the disaster about; state the area or areas threatened; state the area or areas to which the local disaster emergency declaration applies (this may include the entire county or only designated parts thereof); and state the effective period of the local disaster emergency declaration. The disaster declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the Board of Commissioners.
(2) Publication of declaration. The declaration of a local disaster emergency, as well as any continuation or termination of such declaration shall be announced or disseminated to the general public by the best means available; and filed promptly in the offices of the County Clerk; the County Auditor and the Clerk of any incorporated municipality located in the declared disaster area.
(3) Effect of declaration. The declaration shall not be invalidated or ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances. Upon a declaration, the County’s Comprehensive Emergency Management Plan or such component parts thereof as may be relevant to the emergency shall be activated and implemented.
(4) Effect of Governor’s declaration. Declaration of a local disaster emergency is not necessary if the Governor, pursuant to I.C. 10-4-1-7, has already proclaimed a statewide or area-wide disaster emergency that includes the county.
(5) Meeting of Board of Commissioners. As provided by I.C. 36-2-2-8 and 5-14-1.5-5(d), a special meeting of the County Board of Commissioners shall be called as soon as possible after the disaster emergency that affects the county has been declared, either by the Governor or by the Principal Executive Officer of the county, to perform their legislative and administrative functions as the situation may demand.
(C) Special emergency powers of Principal Executive Officer. In the event that a disaster emergency has been declared that affects all or part of the county, and a quorum of the County Board of Commissioners cannot be assembled for purposes of the meeting, the Principal Executive Officer of the county shall have, on an interim basis, all powers of the County Board of Commissioners and may take all such actions with respect to the disaster emergency declaration that the County Board of Commissioners would have been authorized to take. When a quorum of the County Board of Commissioners is assembled, these interim powers of the Principal Executive Officer of the county shall cease.
(D) Special emergency powers of the Board of Commissioners. At the meeting convened under division (B)(5), the Board of Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith. In addition, the Board may also exercise any of the following special and extraordinary powers:
(1) Extension or termination of disaster emergency period. The County Board of Commissioners may extend the period of a local disaster emergency declared by the Principal Executive Officer of the county to last more than seven days if necessary, or terminate the local disaster emergency.
(2) Utilization of emergency management resources. The Board of Commissioners may assemble and utilize emergency management resources, including personnel of the Department of Emergency Management; participating emergency services; and ay other resources at the disposal of the Commissioners hereunder for emergency management purposes.
(3) Order implementation of Comprehensive Emergency Plan. The Board of Commissioners may order the implementation of the County Comprehensive Emergency Plan or such several components thereof as may be relevant to the emergency.
(4) Exercise of jurisdiction over volunteer forces. The Board of Commissioners may order volunteer forces which have been activated pursuant to the Comprehensive Emergency Management Plan to the aid of the county, state or political subdivisions thereof as soon as practicable. These volunteer forces shall be under the direction of the Department of Emergency Management.
(5) Requisition of provisions and services. In order to control the local disaster emergency and provide for public health, safety and welfare, the County Board of Commissioners may, to the extent permitted by I.C. 10-14-3-31 and subject to its provisions, command services and/or requisition the use of equipment, facilities, supplies or other property belonging to other organizations, corporations, or private persons as necessary to control the emergency and protect and provide for the public safety and welfare.
(6) Evacuation. The Board of Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe routes; modes of transportation; and evacuation destinations.
(7) Housing. The Board of Commissioners may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations, and the like, which would govern the use and location of premises for housing purposes during normal limes.
(8) Assignment of special duties. The Board of Commissioners may assign any special emergency duties and functions to county offices, departments and agencies.
(9) Utilization of undedicated funds. Any unexpended and unencumbered monies budgeted and appropriated but not otherwise dedicated by law to different purposes may, within the scope of each major budget and appropriations category (major object classification), but utilized and expended for the purpose of carrying out such special emergency duties and functions.
(10) Issuance, rescission, amendments to orders, rules and regulations. The Board of Commissioners may make, amend and rescind such orders, rules and regulations as may be necessary to protect life and property, preserve order, conserve critical resources and carry out the provisions of the county’s and state’s disaster plans, including but not limited to the power to order roads closed, establish curfews, close businesses or any that they deem necessary to save lives and recover from a declared emergency. All actions and regulations under this division may be taken by executive order or resolution. This power includes the power to supplement, modify or suspend any general contingencies contained in the county’s Comprehensive Emergency Management Plan; provided, however, such orders, rules and regulations cannot be inconsistent with any orders, rules or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by the Governor; and cannot be inconsistent with the county’s emergency management program or emergency plan. Any orders, rules and regulations shall not be effective until committed to writing and filed in the office of the County Clerk and County Auditor: provided, however, should such filing be impossible because of the emergency situation, such regulations shall be effective and enforceable notwithstanding. The regulation shall have the full force of law and shall be enforceable by any local or state law enforcing authority as provided in I.C. 10-14-3-24.
(11) Request for assistance. The Board of Commissioners may, in accordance with the Plan, request the state or the United States or their agencies and political subdivisions to send aid (including financial assistance) if the situation is beyond the control of the regular and emergency county forces and resources.
(E) Waiver of statutory requirements. In the event of an enemy attack, or when a state of emergency has been declared by the Governor, the Board of Commissioners, in accordance with I.C. 10-14-3-22, may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, pertaining to the performance of public works; the entering into contracts; the incurring of obligations; the employment of permanent and temporary workers; the utilization of volunteer workers; the rental of equipment; the purchase and distribution of supplies, materials and facilities; and the appropriation and expenditure of public funds.
(F) Duties of officers and employees of incorporated and unincorporated areas of the county during emergency. During a declared disaster emergency, all officers and employees of incorporated and unincorporated areas of the county shall cooperate with and give active support to the County Board of Commissioners and the County Emergency Management Director; and comply with all orders, rules and regulations issued pursuant to this chapter by the County Board of Commissioners or the County Emergency Management Director.
(G) Noncompliance with emergency orders, rules and regulations: obstruction or impersonation of emergency management authorities; penalties and enforcement. Whenever this chapter applies, it shall be unlawful and a penal ordinance violation for any person to willfully obstruct, hinder or delay the Board of Commissioners, the Director of Emergency Management, participating emergency services, authorized emergency management volunteers or other authorities from implementing, carrying out and enforcing the Emergency Plan; fail to observe, abide by and comply with any emergency management duties, orders, regulations and procedures as made applicable to such person by the appropriate authorities; falsely wear or carry identification as a member of the Department of Emergency Management or to otherwise falsely identify or purport to be a county emergency management authority.
(Ord. 2013-01, passed 2-19-2013) Penalty, see § 31.99