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COUNTY EMERGENCY MANAGEMENT PROGRAM
§ 35.30 APPLICABILITY.
   This subchapter (§§ 35.30 et seq.) shall apply whenever:
   (A)   Pursuant to I.C. 10-14-3-12, the Governor has declared a disaster emergency affecting all or part of the county.
   (B)    Pursuant to I.C. 10-14-3-29(a) and § 35.31 hereof, the principal executive officer of the county is preparing to declare, or has declared, a local disaster emergency affecting all or part of the county.
   (C)   The County Board of Commissioners has implemented a test of the county's comprehensive emergency management plan and procedures in accordance with, and to the extent necessary or dispensable to, such test.
(Ord. 2007-06, passed 6-20-07)
§ 35.31 PRINCIPAL EXECUTIVE OFFICER: DECLARATION OF LOCAL DISASTER EMERGENCY.
   (A)   In the event of an actual or threatened disaster emergency affecting the county, if feasible, the principal executive officer of the county shall seek the advice and input of the Director as to the advisability of declaring a local disaster emergency.
   (B)   If the County Board of Commissioners, acting as the principal executive officer of the county, is the entity declaring the local disaster emergency, then the statutory requirements contained in I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d) regarding special and emergency meetings of the County Board of Commissioners must be met.
   (C)   In the event of an actual or threatened disaster emergency affecting the county, the principal executive officer of the county may declare a local disaster emergency, pursuant to I.C. 10-14-3-29(a). This declaration shall:
      (1)   Be in writing.
      (2)   State the nature of the disaster.
      (3)   State the conditions that have brought about the disaster.
      (4)   State the area or areas threatened.
      (5)   State the area or areas to which the local disaster emergency declaration applies (this may include the entire county or only designated parts thereof).
      (6)   State the effective period of the local disaster emergency declaration. The disaster declaration shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the County Board of Commissioners.
   (D)   The declaration of a local disaster emergency, as well as any continuation or termination of such declaration, shall meet the following requirements.
      (1)   The declaration shall be announced or disseminated to the general public by the best means.
      (2)   News media that have requested notice of meetings must be given the same notice that is given to the members of the County Board of Commissioners.
      (3)   The public must be notified of this meeting by posting a copy of the notice at the principal office of the County Board of Commissioners, or if no such office exists, at the building where the meeting is to be held.
      (4)   The County Board of Commissioners may not conduct any business at this meeting that is unrelated to the disaster emergency declaration.
      (5)   All other such requirements that are applicable to a meeting that is called to deal with an emergency.
   (E)   In addition, such a meeting may:
      (1)   Be held in any convenient and available space.
       (2)   Continue without adjournment for the duration of the disaster emergency.
      (3)   Be recessed for reasonable periods of time as necessary and permitted by the circumstances.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)
§ 35.32 COUNTY BOARD OF COMMISSIONERS: CONVENTION OF SPECIAL EMERGENCY MEETING.
   (A)   As allowed by I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d), a special meeting of the County Board of Commissioners shall be called as soon as possible after the disaster emergency that affects the county has been declared, either by the Governor or by the principal officer of the county, to perform their legislative and administrative functions as the situation may demand.
   (B)   As required by I.C. 36-2-2-8(b) and I.C. 5-14-1.5-5(d), the following conditions must be met for this meeting.
      (1)   The notice for the meeting must include a specific statement of the purpose of the meeting.
      (2)   News media that have requested notice of meetings must be given the same notice that is given to the members of the County Board of Commissioners.
      (3)   The public must be notified of this meeting by posting a copy of the notice at the principal office of the County Board of Commissioners, or if no such office exists, at the building where the meeting is to be held.
      (4)   The County Board of Commissioners may not conduct any business at this meeting that is unrelated to the disaster emergency declaration.
      (5)   All other such requirements that are applicable to a meeting that is called to deal with an emergency.
   (C)   In addition, such a meeting may:
      (1)   Be held in any convenient and available place.
      (2)   Continue without adjournment for the duration of the disaster emergency.
      (3)   Be recessed for reasonable periods of time as necessary and permitted by the circumstances.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)
§ 35.33 PRINCIPAL EXECUTIVE OFFICER: SPECIAL EMERGENCY POWERS AND DUTIES.
   (A)   In the event that a disaster emergency has been declared that affects all or part of the county, and a quorum of the County Board of Commissioners cannot be assembled for purposes of the meeting needed under § 35.32, the principal executive officer of the county shall have, on an interim basis, all powers of the County Board of Commissioners, and may take all such actions with respect to the disaster emergency declaration that the County Board of Commissioners would have been authorized to take.
   (B)   When a quorum of the County Board of Commissioners is assembled, these interim powers of the principal executive officer of the county shall cease.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)
§ 35.34 COUNTY BOARD OF COMMISSIONERS: SPECIAL EMERGENCY POWERS AND DUTIES.
   (A)   At the meeting convened under § 35.32, the County Board of Commissioners may exercise any of its normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith.
   (B)   In addition to the powers enumerated in division (A) above, the Board may also exercise any of the following special and extraordinary powers:
      (1)   Extending the period of a local disaster emergency declared by the principal executive officer of the county, pursuant to § 35.31, to last more than seven days if necessary.
      (2)   Terminating the local disaster emergency.
      (3)   Assembling and utilizing emergency management resources, including:
         (a)   Personnel of the Department of Emergency Management;
         (b)   Participating emergency services; and
         (c)   Any other resources at the disposal of the Commissioners hereunder for emergency management purposes.
      (4)   Ordering volunteer forces that have been activated pursuant to the comprehensive emergency management plan to the aid of the county, state or political subdivisions thereof as soon as practicable. These volunteer forces shall be under the direction of the Department of Emergency Management.
      (5)   In order to control the local disaster emergency and provide for public health, safety and welfare, to the extent permitted by I.C. 10-14-3-31 and subject to its provisions, commanding services and/or requisitioning the use of:
         (a)   Equipment;
         (b)   Facilities;
         (c)   Supplies; or
         (d)   Other property.
      (6)   Ordering the evacuation of all or part of the population from stricken areas of the county, and prescribing:
         (a)    Routes;
         (b)   Modes and transportation; and
         (c)   Evacuation destinations.
      (7)   Making provision for the availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations, and the like, which would govern the use and location of premises for housing purposes during normal times.
   (C)   Except in accordance with division (D) below, the County Board of Commissioners shall not suspend any provisions of ordinances or procedures that are mandated by statute.
   (D)   In the event of a disaster emergency that has been declared by the Governor, the County Board of Commissioners, in accordance with I.C. 10-14-3-17(j)(5), may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, pertaining to the:
      (1)   Performance of public works;
      (2)   Entering into contract;
      (3)   Incurring of obligations;
      (4)   Employment of permanent and temporary workers;
      (5)   Utilization of volunteer works;
      (6)   Rental of equipment;
      (7)   Purchase and distribution of supplies, materials and facilities; and
      (8)   Appropriation and expenditure of public funds.
   (E)    The County Board of Commissioners may assign any special emergency duties and functions to county:
      (1)   Offices;
      (2)   Departments; and
      (3)   Agencies.
   (F)   Any unexpended and unencumbered monies budgeted and appropriated but not otherwise dedicated by law to different purposes may, within the scope of each major budget and appropriation category (major object classification), be utilized and expended for the purpose of carrying out such special emergency duties and functions.
   (G)   Pursuant to I.C. 10-14-3-22, the County Board of Commissioners may make, amend and rescind such orders, rules and regulations as may be necessary for emergency management purposes, and to supplement the carrying out of the provisions of this chapter. Such orders, rules and regulations:
      (1)   Cannot be inconsistent with any orders, rules or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by the Governor;
      (2)   Cannot be inconsistent with the county's emergency management program or Emergency Plan;
      (3)   Shall have full force or effect of law when filed in the office of the County Clerk;
      (4)   Are enforceable by any local or state law enforcing authority in accordance with I.C. 10-14-3-24.
   (H)   In accordance with the emergency plan, the County Board of Commissioners may request the State of Indiana or the United States, or their agencies and political subdivisions, to send aid (including financial assistance) if the situation is beyond the control of the county’s regular and emergency forces and resources.
   (I)   All actions taken by the County Board of Commissioners under this section shall be:
      (1)   Adopted by ordinance or resolution pursuant to I.C. 10-14-3-22;
      (2)   Consistent with, subordinate to, any actions, orders or regulations made by the Governor or a state agency implementing the state comprehensive emergency management plan.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)
§ 35.35 DESIGNATION OF TRAVEL ADVISORY.
   (A)   If the principal executive officer of a political subdivision issues a local travel advisory as part of an emergency declaration under I.C. 10-14-3-29, the principal executive officer shall designate the travel advisory as falling into one of the following categories:
      (1)   ADVISORY, the lowest level of local travel advisory, means that routine travel or activities may be restricted in areas because of a hazardous situation, and individuals should use caution or avoid those areas.
      (2)   WATCH means that conditions are threatening to the safety of the public. During a “watch” local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies, and other organizations.
      (3)   WARNING, the highest level of local travel advisory, means that travel may be restricted to emergency management workers only.
         (a)   During a “warning” local travel advisory, individuals are directed to:
            1.   Refrain from all travel;
            2.   Comply with necessary emergency measures;
            3.   Cooperate with public officials and disaster services forces in executing emergency operations plans; and
            4.   Obey and comply with the lawful directions of properly identified officers.
         (b)   Further and more specific restrictions, including parking restrictions, may be included in a “warning” local travel advisory.
   (B)   If the emergency management agency director or the principal executive officer of a political subdivision determines that conditions within the political subdivision have created the need for travel advisory restrictions without a local disaster emergency declaration under I.C. 10-14-3-29, the emergency management agency director or the principal executive officer may issue an “advisory” or a “watch” level travel advisory.
   (C)   A “warning” level travel advisory may be issued only after a local disaster emergency is declared under I.C. 10-14-3-29.
(BC Ord. 2015-08, passed 3-23-15)
§ 35.36 OFFICERS AND EMPLOYEES OF INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY: GENERAL DUTIES DURING EMERGENCY.
   During a declared disaster emergency, all officers and employees of incorporated and unincorporated areas of the county shall:
   (A)   Cooperate with and give active support to the County Board of Commissioners and the County Emergency Management Director.
   (B)   Comply with all orders, rules and regulations issued pursuant to this chapter by the County Board of Commissioners or the County Emergency Management Director.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)
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