(A) Title. This section shall be known as the Local Disaster Emergency Declaration Ordinance of the county and shall apply to all roads, highways or right-of-way maintained by the county highway department (“roads”). The mandatory provisions of this section and of any local disaster emergency issued pursuant to this section, including the prohibitions on travel and the penalties for violating those prohibitions shall not apply to streets maintained by a city or town within the county nor to a state highway maintained by the Indiana Department of Transportation nor to a federal interstate highway situated within the county.
(B) Declaration of local disaster emergency.
(1) After consultation with the Sheriff and the County Highway Superintendent, if such persons are available, the Board of Commissioners may declare a local disaster emergency which may also contain a “warning level” travel advisory by executive order when, in the Board’s judgment, such order would be appropriate under I.C. 10-14-3-29 and in the best interest of the public safety and welfare of the residents of the county.
(2) If only one member of the Board is available to sign the declaration of local disaster emergency, he or she can declare a local disaster emergency if he or she has obtained and documented the verbal or written concurrence of at least one other Board member. If only one member of the Board can be reached, then the member may declare a local disaster emergency. If none of the members of the Board is available, then the Principal Executive Officer as defined in Chapter 31 and by statute with respect to the line of succession shall be authorized to make such declaration.
(3) If, with or without the issuance of a declaration of local disaster emergency, the Board determines that conditions require an “advisory” or “watch” level of travel advisory, the Board, by majority rule, or the Principal Executive Officer, of no Board members are available, may issue and “advisory” or a “watch” travel advisory.
(4) Pursuant to I.C. 10-14-3-29.5, a “warning” level travel advisory may be issued only after or as a part of a declaration of local disaster emergency. The emergency shall continue in effect until the Board members and/or the Principal Executive Officer or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.
(5) The Board may declare a “warning” level travel advisory upon its determination that the conditions are appropriate for the issuance of a local disaster emergency under I.C. 10-14-3-29, and the further determination that the criteria set forth in division (C), have been met.
(C) Local travel advisories. A local travel advisory shall be declared in accordance with I.C. 10-14-3-29.5 and this section. The purpose of a local travel advisory is to keep the residents of the county informed of the weather and county road conditions, and to assist County Highway Department in the clearing of the county roadways by eliminating stranded vehicles. The following travel advisory levels may be declared:
(1) Advisory level travel advisory. This level may be declared when routine travel or activities may be restricted in areas of the county because of a hazardous situation; citizens should use caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.
(2) Watch level travel advisory. This level may be declared when conditions are threatening to the safety of the public. Only essential travel is recommended (such as , to and from work, emergency situations, and the like). At this level, emergency action plans should be implemented by businesses, schools, government agencies and other organizations.
(3) Warning level travel advisory. This level may be declared when roads have become impassable and the County Highway Department is not able to keep the roadways cleared due to extreme weather conditions such as a severe snow fall, high drifts or blizzard like conditions are present. Travel may be restricted to emergency management workers only and essential emergency travel by members of the public as the Board may further direct, such as privately employed health care workers. Further restrictions that the Board deems necessary may be included within the local disaster declaration.
(D) Publication. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the county pursuant to I.C. 10-14-3-22(b)(2). Publication and broadcast of an advisory, watch or warning level travel advisory shall be made or caused to be made by the Board or other officials designating the level of travel advisory using a press release to all law enforcement agencies fire departments, hospitals and news media in the county. The declaration shall be promptly forwarded to the Indiana Department of Homeland Security and shall be kept on file by the County Emergency Management Agency/ Department of Homeland Security, County Clerk and County Auditor.
(E) Exemptions from travel restrictions. Vehicles which shall be exempt from the travel and parking restrictions imposed in a travel advisory pursuant to 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 or any of the parking restrictions contained in local declaration of disaster emergency or a “warning” travel advisory 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 a duly authorized representative of any one or more of the following: the County Highway Department, the County Sheriff’s Department, a State Conservation Officer or the Indiana State Police.
(Ord. 2012-08, passed 12-17-2012) Penalty, see § 33.99
Cross-reference:
Emergency management, see Ch. 31