(A) Title. This section shall be known as the Local Disaster Emergency Declaration Ordinance of the City of Ligonier Indiana, and shall apply to all roads, streets, highways or right-of-ways maintained by the city Street Department (“streets”). 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 a county road maintained by Noble County nor to a state highway maintained by the Indiana Department of Transportation.
(B) Procedure.
(1) The Mayor, after consultation with the Chief of Police, and the Street Department Superintendent, if available, or the respective representative designated by each person as the person to consult in his or her absence for the purpose of recommending a declaration of local disaster emergency, may declare a local disaster emergency which may also contain a “warning level” travel advisory by executive order when, in the Mayor’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 City of Ligonier, Indiana.
(2) If, with or without the issuance of a declaration of local disaster emergency, the Mayor determines that conditions require an “advisory” or “watch” level of travel advisory, the Mayor may issue an “advisory” or a “watch” travel advisory.
(3) 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. Such emergency shall continue in effect until the Mayor, and/or officials or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.
(4) The Mayor may declare a “warning” level travel advisory upon his or her 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) below 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 citizens of the City of Ligonier Indiana, informed of the weather and city street conditions, and to assist the Ligonier Street Department in the cleaning of city streets by eliminating stranded vehicles.
(1) Advisory level travel advisory. This level may be declared when routine travel or activities may be restricted in areas of the city 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 (i.e., 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 streets have become impassable and the Ligonier Street Department is not able to keep the streets clear 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 Mayor may further direct, such as privately employed health care workers. Further restrictions that the Mayor 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 Clerk of the City of Ligonier 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 Mayor or such 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 city. The declaration shall be promptly forwarded to the Indiana Department of Homeland Security, and shall be kept on file by the Clerk-Treasurer of the City of Ligonier.
(E) Exemptions. 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 either the Ligonier Street Department, or the Ligonier Police Department.
(1998 Code, § 8-54) (Am. Ord. 803-2011, passed 12-12-2011) Penalty, see § 70.999