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In order to carry out the provisions of sections 2-14 through 2-16 of this Code, the county executive may provide and furnish arms and ammunition to the citizens of the County or to the militia of the state, and may provide and furnish any or all persons engaged in public defense within the county with protective armor and such other equipment and supplies and also purchase, rent, hire and maintain lands, buildings, and equipment as may be considered to be necessary and proper. The county executive may engage the service of persons charged with assisting in public defense and may, with the approval of the council, fix the compensation of such persons, including the payment for services heretofore rendered in connection with the civilian defense activities of the county, and may do all other things needful and necessary to protect and safeguard the people and property within the county from actual or threatened armed invasion or insurrection, and may alleviate their suffering resulting from fire, flood, disaster or epidemic of disease, or other such emergencies. The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code to protect the citizens of the county during blackouts, practice air raid alarms, air raids and invasion. All acts done and all money expended by the county for such purposes, either heretofore or hereafter, including the purchase of equipment for civilian defense organization and maintenance, the employment of administrative and technical aid in the interest of civilian defense, the purchase of medical supplies for casualty stations, and the purchase of arms, ammunition and providing and furnishing of telephone service and other service and supplies are hereby ratified and confirmed as just and lawful acts of the county. (Mont. Co. Code 1965, § 2-20; 1943, ch. 75, § 2; 1970 L.M.C., ch. 9, § 2; 1984 L.M.C., ch. 24, § 4; 1984 L.M.C., ch. 27, § 5.)
(a) In order to further carry out the provisions of sections 2-14 through 2-16 the Council may at any time, or from time to time, borrow on the faith and credit of the county such sum of money or other article of value in an amount not to exceed the appropriations made under sections 2-14 and 2-15 by public or private sale of certificates of indebtedness, or other evidence of debt, or by direct negotiation with any state or national banking institution or other lending agency.
(b) The Council may also issue certificates of indebtedness or promissory notes in denominations and amounts, and at interest rates and for periods not exceeding two years as the Council by resolution determines. Such certificates of indebtedness or promissory notes must be executed by the County Executive and attested by the Clerk of the Council. Such promissory notes or certificates of indebtedness may be renewed or reissued at any time or from time to time or may be funded by an issue of serial bonds having an average maturity of not more than ten years from the date of issue.
(c) The bonds, certificates of indebtedness, promissory notes or other evidences of debt issued under this Section must be specifically exempted from sections 8, 9 and 10 of article 31 of the Maryland Code, and from any other public general or local law of Maryland which conflicts with Sections 2-14 through 2-16. All evidences of debt issued pursuant to Sections 2-14 through 2-16 and the interest thereon must be exempt from all state, county and municipal taxes. All debt incurred under Sections 2-14 through 2-16 must be until paid the obligation of the County issued upon its full faith and credit. (Mont. Co. Code 1965, § 2-21; 1943, ch. 75, § 3; 1970 L.M.C., ch. 9, § 3; 1998 L.M.C., ch. 24, § 1.)
(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.
The County adopts the Maryland Emergency Management Assistance Compact codified in § 14- 803 of the Public Safety Article of the Maryland Code. (2006 L.M.C., ch. 24, § 1.)
Editor’s note—2006 L.M.C., ch. 24, § 2, states: Applicability. Section 2-17A, as added by Section 1 of this Act, applies retroactively to any aid requested or received by the County in connection with any emergency or emergency-related exercise, testing, or training activity that occurred on or after June 1, 2006.
(a) Definitions.
(1) Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the local incumbent of the office and his duly authorized deputy or deputies are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office; except that no member of the county council shall be "unavailable" until declared to be "unavailable" by a resolution of the county council passed by a majority of the council members present and voting.
(2) Public emergency is as defined in section 2-17.
(3) Duly authorized deputy shall mean a person who is presently authorized to perform all of the functions, exercise all the powers and discharge all the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
(4) Emergency interim successor shall mean a person designated pursuant to this section for temporary succession to the powers and duties, but not the office, of a county official in the event such official or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
(b) Designation, status, qualifications and term of emergency interim successors.
(1) County Council. In the event that one or more members of the county council are declared "unavailable" pursuant to this section during a proclaimed state of public emergency, a majority of the remaining council members may designate an "emergency interim successor" to the powers and duties of such unavailable council member or members. In the event that the remaining council members fail to act or are unable to act within a reasonable time during the state of public emergency and the appointment of "emergency interim successors" is required to enable the council to continue functioning, the county executive may designate "emergency interim successors" to the powers and duties of any unavailable council members.
(2) County Executive. In the event that the county executive shall become unavailable during a proclaimed state of public emergency, the chief administrative officer and a minimum of two (2) additional members of the executive branch, with rank in order of succession following the chief administrative officer as specified by the county executive and filed with the county council, shall constitute the emergency interim successors for the county executive and shall, in the order in which they are listed, succeed to the powers and duties of the county executive.
(3) Designation. The county executive, after receiving the advice of the chief administrative officer, shall, within the thirty (30) days after taking office or within thirty (30) days after the appointment or reappointment of the chief administrative officer and each head of each principal department, office or agency of the executive branch, designate "emergency interim successors" for himself or herself and for such chief administrative officer and such heads of each principal department, office or agency of the executive branch and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or "emergency interim successors" or combination thereof for each official.
(4) Review of Designation. The county executive shall review at least annually and, as necessary, revise all executive designations of "emergency interim successors" to ensure that, at all times, the required number of persons are duly listed as available or designated as "emergency interim successors."
(5) Qualifications. No person shall be designated or serve as an "emergency interim successor" unless he may under the constitution and statutes of this state and the charter or laws of this county, hold the office of the person to whose powers and duties he is designated to succeed. No provision of the charter of Montgomery County or any local law prohibiting an officer or an employee of this county from holding another office shall be applicable to any "emergency interim successor." No person shall be designated as an "emergency interim successor" to the powers and duties of any appointed official of the executive branch of the county government unless such person is a regular employee or official of the same department, office or agency as the official to whose powers and duties he is designated to succeed; provided, that this restriction shall not apply to "emergency interim successors" to the powers and duties of the chief administrative officer.
(6) Status of "Emergency Interim Successor." A person designated as an "emergency interim successor" holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as "emergency interim successor" until replaced by another appointed by the authorized designator.
(c) Assumption of powers and duties by "emergency interim successors." In the event that any incumbent named in paragraphs (2) and (3) of subsection (b) of this section and any duly authorized deputy is unavailable during a proclaimed state of public emergency, his "emergency interim successor" highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint "emergency interim successors," exercise the powers and discharge the duties of such incumbent. All "emergency interim successors" shall exercise these powers and discharge these duties only until such time as the lawful incumbent or any duly authorized deputy or "emergency interim successor" higher in rank in order of succession exercises or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
(d) Filing of order of succession. The name, address and rank in order of succession of each duly authorized deputy shall be filed with the county council and each designation, replacement, or change in order of succession of an "emergency interim successor" shall become effective when the designator files with the county council the successor's name, address and rank in order of succession. Data regarding duly authorized deputies and "emergency interim successors" shall be kept on file and shall be open to public inspection.
(e) Formalities of taking office. At the time of their designation, "emergency interim successors" shall take such oath and so such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
(f) Suspension of charter provisions. A proclamation of a state of public emergency under section 2-17(b)(1) suspends the following provisions of the County charter:
(1) section 102, except for the provision that establishes the number of councilmembers and the provisions that each member shall be a qualified voter of Montgomery County; and
(2) the provision of section 308 requiring that each emergency appropriation shall specify the revenues necessary to finance it.
(g) Voting requirements. In the event of a proclamation of a state of public emergency where the affirmative vote of a specified number or proportion of members of the county council for approval of an act, ordinance, or resolution would otherwise be required, the same proportion of those voting thereon shall be sufficient.
(h) Prior publication notice and public hearing. In the event of a proclamation of a state of public emergency those charter and statutory provisions requiring prior publication, public notice or public hearings for the enactment of legislation or for the performance of official acts are suspended. Such notice or publication shall be accomplished as soon as practicable following the enactment of the legislation or the performance of the official act. In no event shall such notice or publication be delayed more than a reasonable time following the end of a state of public emergency. (1971 L.M.C., ch. 44, § 1; 1980 L.M.C., ch. 58, § 1; FY 1991 L.M.C., ch. 11, § 1.)
Charter reference-Continuity of government during emergencies, § 501.
The county council is hereby authorized to adopt ordinances to effect the establishment of a commission, board, agency or department-level organization to provide the necessary personnel, services, and liaison with other state and county organizations, both public and private, in order to assure adequate legal assistance to indigent defendants in criminal matters before the courts of the county. (1967 L.M.C., ch. 18, § 1.)
(a) The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.
(b) All council subpoenas shall be executed by the council president or a duly authorized designee and may be served by the sheriff of the county or any person who could lawfully serve a subpoena in a civil case.
(c) Failure to comply with a subpoena duly issued under this section shall be a misdemeanor and any person, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or sentenced to not more than six (6) months in jail, or both; in addition thereto, the county may institute injunctions, mandamus or any other appropriate actions or proceeding of law or in equity to require compliance with a subpoena duly issued under this section. (Mont. Co. Code 1965, § 2-22; 1910, ch. 484, § 177T; 1912, ch. 790, § 474; 1978 L.M.C., ch. 20, § 1.)
The county council is hereby authorized to adopt, from time to time, after reasonable notice and opportunity for public hearing and with or without modifications, ordinances and amendments thereof, for the protection and promotion of public safety, health, morals, comfort and welfare, relating to the control of problems of soil erosion and to the preservation of the natural topography in newly developed and other areas. Such ordinances shall contain reasonable standards and may include provisions for the administration and enforcement of such standards, including bonds, permits, licenses and appropriate fees therefor, approval of plats for proposed subdivisions, reports, inspection of premises necessary for such administration and enforcement and provisions providing penalties for the violation of such standards. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. Such ordinances shall be adopted in accordance with the procedure prescribed in section 2-105 of this Code. (Mont. Co. Code 1965, § 2-32.)
(a) The council is hereby authorized to adopt and amend by ordinance such regulations concerning the sale, carrying and use of firearms and other dangerous weapons within the county or parts thereof as it shall deem necessary to promote the public safety, morals and welfare.
(b) Any ordinance adopted pursuant to the authority of this section shall be adopted in accordance with procedures prescribed in section 2-97. (Mont. Co. Code 1965, § 16-6.)
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