Title 2 Administration and Personnel

Chapter 2.04 Office of Emergency Management
Sections
2.04.010       Short title
2.04.020       Intent and purpose
2.04.030       Definitions
2.04.040       Organization and appointments
2.04.050       Emergency powers and duties
2.04.060       Emergency management basic plan
2.04.070       No municipal or private liability
2.04.080       Violation of regulations
2.04.090       Penalty
2.04.100       Severability
2.04.110       Conflicting ordinances, orders, rules and regulations suspended
2.04.120       Effective date
2.04.130       Ordinance in force

2.04.010   Short title
This Chapter shall be known and may be cited and referred to as the “Emergency Management Ordinance of the Town of Milford.” (Ord. 5-1-03 § 1)

2.04.020  Intent and purpose

1. It is the intent and the purpose of this chapter to establish an office that will ensure the complete and efficient utilization of all of Milford’s facilities and resources to combat a disaster, as defined herein.
2. The Milford Office of Emergency Management will be the coordinating agency for all activity in connection with emergency planning. It will be the instrument through which the Town officials may exercise the authority and discharge the responsibilities vested in them in NH RSA, Chapter 21-P:39 Local Organization for Emergency Management, state of New Hampshire, Emergency Management Act, as amended, and this chapter.
3. This ordinance will not relieve any town department of the responsibilities or authority given to it in the town charter or by town ordinance; nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies. (Ord. 5-1-03 § 2)

2.04.030  Definitions
The following definitions shall apply in the interpretation of this chapter

• “Attack” means a direct or indirect assault against the town of Milford, its government, its environs, its citizens, or its resources; or of the state of New Hampshire; or the United States of America, including but not limited to the use of, or threatened use of: explosives; radiological, biological or chemical agents; armed assault; or acts of sabotage.
• “Chairperson” means the chairperson of the board of selectmen of the town of Milford.
• “Director” means the director of the Milford Office of Emergency Management.
• “Disaster” includes, but is not limited to, actual, perceived or threatened; attack, terrorism, sabotage, extraordinary fire, flood, storm, epidemic, or other impending or actual calamity which may endanger, or threaten to endanger the health, life, property, resources, or government of the town of Milford, the state of New Hampshire, or the United States of America.
• “Emergency management” means, in its broad connotation, to carry out the basic government functions of maintaining the public peace, health, and safety during a disaster. This shall include the plans, preparations, and resources for protection, relief, recovery and rehabilitation from, such incidents as are outlined in this chapter. Emergency management shall not however, include any activity that is the primary responsibility of the military forces of the United State of America.
• “Emergency management basic plan” means a comprehensive plan, including annexes, prepared by the Office of Emergency Management and designed to provide guidelines for the carrying out of emergency management activities. Herein referred to as “the Plan”.
• “Emergency response resources” means the employees, equipment, and facilities of all of the town departments, boards, institutions, and commissions; and, in addition, it shall include all volunteer personnel, equipment, and facilities contributed by, or obtained from, volunteer persons, companies, or agencies
• “Emergency volunteer” means any person duly registered, identified, and appointed by the Director of the Office of Emergency Management and assigned to participate in the emergency management effort.
• “Epidemic” refers to a prevalent and rapidly spreading illness or disease, regardless of cause, which affects, or threatens to affect, a significant number of citizens.
• “The plan” refers to the Emergency Management Basic Plan.
• “Regulations” include all of the plans, programs, and other procedures as may be deemed essential to the function of emergency management and the Office of Emergency Management.
• “Terrorism” means any act, whether actual or threatened, and whether committed by one or more persons acting alone or in connection with any group or organization, wherein, the unlawful use of force or violence; against persons or property; to intimidate or coerce a government, the civilian population, or any segment thereof; in furtherance of political or social objectives.
• “Terrorist” means the actor(s) of terrorism, as defined in this chapter, including the supporters of, by whatever means, such acts or actor(s).
• “Volunteer” Shall mean contributing a service, equipment, or facilities to the emergency management effort, without remuneration. (Ord. 5-1-03 § 3)

2.04.040  Organization and appointments

1. The Chairperson of the Board of Selectmen is hereby authorized and directed to create an organization for Emergency Management utilizing to the fullest extent the existing agencies and resources from within the community. The Chairperson, as executive head of the municipal government, shall be responsible for the organization, administration, and operation of the Town’s Emergency Response Resources.
2.  The organization shall consist of the following:
   1. An Office of Emergency Management within the executive branch of the town government and under the direction of the chairperson. There shall be an executive head of the Office of Emergency Management who shall be known as the director, as well as such assistants and other employees and volunteers as are deemed necessary for the proper functioning of the organization.
   2. The employees, volunteers, equipment and facilities of Milford’s departments, boards, institutions and commissions will cooperate and participate in emergency management activity. Duties assigned to a town entity shall be the same, or similar thereto, the normal duties and functions of such entity, to the extent deemed reasonable and possible.
   3. Volunteers, as defined, who are accepted by the town to provide services, equipment, or facilities.
3. The Board of Selectmen shall appoint a Director of the Office of Emergency Management who shall be a person well versed and trained in planning and organizing operations involving the activities of many different agencies which will operate in concert to protect the public health, safety and welfare in the event of disaster, as defined by this Chapter.
4. The Chairperson shall designate and appoint a person or persons to assume the emergency duties of the Chairperson in the event of his/her absence or inability to act. The intent being a representative of the Board of Selectmen will always and at all times be in charge of the Town. (Ord. 5-1-03 § 4)

2.04.050  Emergency powers and duties
A. Chairperson

1. The chairperson may exercise the emergency power and authority necessary to fulfill his/her general powers and duties. The judgment of the chairperson shall be the sole criteria necessary to invoke the emergency powers provided in the town charter, the ordinance code, and other appropriate authorities.
2. During any period when disaster threatens to strike or has struck the town, within the definition of this chapter, the board of selectmen may promulgate such regulations as they deem necessary to protect life and property, preserve critical resources, and provide protection, relief, recovery and rehabilitation from such disaster. Such regulations may include, but are not limited to, the following:

   a. Prohibiting, restricting, or directing the movement of vehicles in order to facilitate the work of emergency management, or to facilitate the mass movement of persons from or to critical areas within or without the town.

   b. Prohibiting, restricting, or directing the movement of persons as may be deemed necessary.

   c. Such other regulations as may be deemed necessary to affect the emergency management effort.

   d. Regulations promulgated in accordance with the provisions of this section will be given widespread circulation by proclamations, published and uttered, by all reasonable means, to include as available and timely; television, radio, newspapers, internet, mailing, and public posting. These regulations shall have the force of ordinance upon filing with the town clerk, and violations will be subject to the appropriate penalties by law.

3. The chairperson, or his/her designee in the event of his/her absence or inability to act, shall order the Office of Emergency Management to the aid of other communities when required in accordance with the statutes of the state of New Hampshire. The chairperson, or his/her designee in the event of his/her absence or inability to act, through the Office of Emergency Management, may request of the state, or a political subdivision of the state, to send aid to the town of Milford in case of disaster when conditions in the town are beyond the control and/or resources of the town’s emergency response resources.
4. The chairperson, or his/her designee in the event of his/her absence or inability to act, may obtain vital supplies, equipment, personnel and other resources found lacking and needed for the protection of life and property, preserving critical resources, and providing protection, relief, recovery and rehabilitation of the people, and may bind the town for the fair value thereof.
5. The chairperson, or his/her designee in the event of his/her absence or inability to act, may require the emergency services of any town officer or employee. If regular town forces are deemed inadequate, the chairperson, or his/her designee in the event of his/her absence or inability to act, may require the services of such other personnel as can be obtained, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, the town charter and other ordinances for regular town employees and other registered and identified emergency management and disaster workers and, upon demand, may receive appropriate compensation for their emergency employment.
6. The board of selectmen will cause to be prepared the basic emergency management plan. The board of selectmen will exercise all of their ordinary powers as the board of selectmen, all of the special powers conferred upon them by any statute or ordinance or any other lawful authority.