(A) Title. This section shall be known as the county’s Local Disaster Emergency Declaration Ordinance and shall apply to all roads, highways or rights-of-way maintained by the county highway department. The mandatory provisions of this section and of any local disaster emergency issued pursuant to the ordinance, 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 State Department of Transportation, nor to a federal interstate highway situated within the county.
(B) Procedure.
(1) The County Board of Commissioners, after consultation with the County Highway Superintendent and the County Emergency Management Agency Director, if available, or the respective representative designated by each of the persons 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 Commissioners judgment, by majority rule, 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 County Board of Commissioners 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.
(3) If, with or without the issuance of a declaration of local disaster emergency, the Board of Commissioners or the County Emergency Management Agency Director determines that conditions require an advisory or watch level of travel advisory, the Board of Commissioners, by majority rule or the Emergency Management Agency Director, upon written notice to the Board of Commissioners may issue an advisory or watch travel advisory.
(4) Pursuant to I.C. 10-14-3-29.5, a warning level travel advisory may be issued only after as part of a declaration of a local disaster emergency. Such emergency shall continue in effect until the above-mentioned Board members and/or officials or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.
(5) The Board of Commissioners 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) 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 residents of the county informed of the weather and county road conditions, and to assist County Highway Department in the clearing of the county roads 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 county because of a hazardous situation individuals should use caution to 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 roads have become impassable and the County Highway Department is not able to keep the roadways cleared due to extreme weather conditions. Such conditions may include ice covered roads, severe snow fall, high drifts or where blizzard like conditions are occurring. Travel may be restricted to emergency management workers only and essential emergency travel by members of the public as the Board of Commissioners may further direct, such as privately employed health care workers. Further restrictions that the Board of Commissioners deems necessary may be included within the local disaster declaration.
(D) Publication.
(1) 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 political subdivision pursuant to I.C. 10-14-3-22(b)(2).
(2) Publication and broadcast of an advisory, watch or warning level travel advisory shall be made or caused to be made by the Board of Commissioners 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 State Department of Homeland Security and shall be kept on file by the County Emergency Management Agency, County Clerk and County Auditor.
(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, railway maintenance, fuel hauling vehicles and employees of any of the above exempt services, if engaged in performing their respective duties.
(F) Violations.
(1) Any order or proclamation of a warning shall be issued when a state of emergency has been declared by the Board of Commissioners.
(2) Travel and parking restrictions of such a declaration include that:
(a) No travel is permitted on county roads until the order closing the roads has been terminated by the Board of Commissioners;
(b) The driver or person in charge of a vehicle, whether or not stalled, that impedes, obstructs, prohibits, impairs or interferes with highway snow removal crews or emergency personnel and vehicles responding to an emergency may be directed to remove the vehicle from the county road;
(c) A person who stops, parks or leaves a vehicle shall leave a sufficient unobstructed width of the roadway opposite the vehicle for the free passage of other vehicles and a clear view of the stopped vehicle from a distance of 200 feet in either direction;
(d) The driver of each vehicle shall drive at a reduced speed appropriate to the weather and highway conditions; and
(e) It is unlawful for a person to knowingly fail to comply with a lawful order or directions of a law enforcement officer invested by law with the authority to direct, control or regulate traffic.
(Ord. 2019-08, passed 3-4-2019) Penalty, see § 70.99
Statutory reference:
Similar provisions, see I.C. 9-21-5-4 and 9-21-8-1