(a) Definitions.
(1) Public Emergency.
(A) A riot or unlawful assembly characterized by the use of actual force or violence, or any threat to use force or violence if accompanied by immediate power to execute the threat, by a group of persons acting together without authority of law.
(B) Any natural or man-made disaster, including a flood, fire, storm, tornado, earthquake, or explosion in the County resulting in death or injury or destruction of property requiring extraordinary measures to protect public health, safety and welfare.
(C) An attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States by any means.
(2) Curfew. A prohibition against any person traveling or remaining, on foot or on or in a vehicle, on any public street or place, or on any vacant land or other public or private property in the County or any specific part of the County. During a curfew, a person must remain at the person's residence, employment or business, unless the person is on official public emergency duty or is otherwise expressly authorized to travel.
(b) Emergency powers.
(1) When the County Executive finds that a public emergency, as defined in subsection (a), exists, the Executive may immediately declare in writing a state of emergency.
(2) After declaring a state of emergency, the County Executive, to protect the public safety and welfare, may take any of the following actions:
(A) Curfew. Order a general or limited curfew applicable to the entire County or any specific geographic area of the County, during specific hours.
(B) Alcoholic Beverages. Order the closing or partial closing of all retail liquor stores and any other business, including a private club, where alcoholic beverages are served or sold, and restrict the consumption of alcoholic beverages in a public street or place or in any motor vehicle.
(C) Gasoline and Explosives. Prohibit or limit the sale, distribution, or transport of gasoline or other explosive, flammable, or combustible products; and order the closing of, or otherwise restrict, gasoline stations and other businesses which sell, distribute, or otherwise use any explosive, flammable, or combustible product.
(D) Firearms and Ammunitions. Prohibit or limit the sale, distribution, or transport of firearms or ammunition; and order the closing of, or impose any other restriction on, any person or business that sells, distributes, or transports firearms or ammunition.
(E) Weapons. Order that no person may carry, wear or otherwise transport personally or by vehicle any rock, bottle, club, brick, knife, gun, or any other weapon, or any incendiary missile, fire bomb, or explosive.
(F) Restricted Areas. Designate any specific geographic area, street, or building as a restricted area, and order that no person may enter any restricted area unless in the performance of official duties or for other specified reasons.
(G) Facilities and Personnel. Require the use of any facility, equipment, building or land owned or controlled by the County or any other government agency located in the County as necessary during the emergency; direct the police or any other County employee to perform duties as necessary; and buy or rent equipment, materials, and property as necessary to protect life and property during the emergency.
(H) Other Orders. Issue any other order immediately necessary to protect life and property during a declared emergency.
(3) A state of emergency expires after 3 days unless during that period the County Council approves its continuation. If the Council is not able to meet during the 3-day period, the Council President or the President's designee may extend the state of emergency until the Council can meet.
(4) The Executive, or the Executive's designee, must notify and consult with the Council President, or the President's designee, to the extent circumstances permit, before announcing a state of emergency to the news media and public.
(5) The Executive, or the Executive's designee, must notify the Council President, or the President's designee, each time the Emergency Management Group, or any subgroup of the Emergency Management Group, is activated.
(6) A state of emergency and any order issued under it takes effect immediately. The Executive must promptly issue a news release or other announcement, and publicize any actions taken by all means reasonably available under the circumstances.
(7) Within 30 days after the end of any state of emergency or any other incident that required the activation of the Emergency Management Group or any subgroup of the Emergency Management Group, the Executive or the Executive's designee must inform the Council of the facts of the event; any casualties, damages, or costs; and long-term implications of the event. Within 60 days, the Executive or the Executive's designee must give the Council an update of the initial briefing and a list of lessons learned.
(c) Penalty.
(1) Any order issued under subsection (b) may provide that any violation of the order is a class A violation.
(2) Any person who refuses to leave any site of a disorder or unlawful assembly during a state of emergency, after having been ordered to leave by the police or any other lawful authority, has committed a class A violation.
(d) Authority to enter into agreements. The County Council may enter into agreements with any municipality, county or state or federal agency, or private party, to render emergency and supplemental services or fire or police protection during a fire, disturbance, or other public emergency that requires extra assistance. (1968 L.M.C., Ex. Sess., ch. 6, § 1; 1969 L.M.C., ch. 30, § 1; 1970 L.M.C., ch. 9, § 4; 1979 L.M.C., ch. 25, § 2; 1983 L.M.C., ch. 22, § 4; 1999 L.M.C., ch. 9, § 1.)
Editor’s note—See County Attorney Opinion dated 9/28/00 explaining that the County Council (not the County Executive) may enter into binding mutual aid agreements for fire and rescue services with the federal government.