§ 30-7. Mayor's powers during disaster or emergency.  


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  • The mayor is authorized, if the mayor finds that the town or any part thereof is suffering or is in imminent danger of suffering a disaster, emergency, civil emergency, or utility emergency, to declare a local disaster and issue orders exercising all emergency powers including without limitation, all of the following:

    (1)

    Temporarily suspend, limit, cancel, convene, reschedule, postpone, continue, or relocate all meetings of the town council, and any town committee, commission, board, authority, or other town body as deemed appropriate by the mayor.

    (2)

    Suspend or limit the sale, distribution, dispensing or transportation of alcoholic beverages, firearms, explosives, and other combustible products and require the closing of those businesses or parts of businesses insofar as the sale, distribution, dispensing, or transportation of these items are concerned.

    (3)

    Establish a curfew during such hours of the days or nights and affecting such categories of persons as may be designated.

    (4)

    Require closing of business establishments.

    (5)

    Prohibit the sale or distribution within the town of any products, which could be employed in a manner, which would constitute a danger to public safety.

    (6)

    Temporarily close any and all streets, alleys, sidewalks, bike paths, public parks or public ways.

    (7)

    Temporarily suspend or modify, for not more than seven days, any regulation or ordinance of the town, including but not limited to, those regarding health, safety, and zoning. This period may be extended upon approval of the town council.

    (8)

    Suspend or limit the use of the town's water resources or other infrastructure.

    (9)

    Control, restrict, allocate, or regulate the use, sale, production, or distribution of food, water, fuel, clothing, and/or other commodities, materials, goods, services and resources including the establishment of wage, rent, and price controls and other economic stabilization methods necessary to preserve economic stability.

    (10)

    Suspend or limit burning of any items or property within the town limits and up to five miles outside the corporate limits.

    (11)

    Require emergency services of any town officer or employee. If regular town forces are determined to be inadequate, then to acquire the services of such other personnel as the mayor can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law to other registered and identified disaster emergency workers.

    (12)

    Utilize all available resources of the town as reasonably necessary to manage the disaster or emergency.

    (13)

    Direct and compel the evacuation of all or part of the population from any stricken or threatened areas within the town if the mayor deems this action is necessary for the preservation of life, property, or other disaster or emergency mitigation, response or recovery and to prescribe routes, modes of transportation and destination in connection with an evacuation.

    (14)

    Purchase or lease materials, supplies or equipment during the local disaster or emergency, and to authorize any or all agencies or town officials to directly purchase or lease those materials, supplies, or equipment essential to continue the work of the town involved without the advertisement of bids. Purchases or leases exceeding the amount of $25,000.00 shall require prior approval by the director of finance and municipal services shall follow the emergency procurement procedures set forth in section 30-14.

    (15)

    Hire and contract for construction, engineering, architectural, building, electrical, plumbing, and repair of public improvements and/or other professional or construction services essential to continue to work of the town without the advertisement of bids when the delay of advertising and public bidding might cause serious injury or loss. Such contracts shall not exceed $25,000.00 without prior approval having been given by the director of finance and administrative services and following the emergency procurement procedures set forth in section 30-14.

    (16)

    Make application for local, state or federal assistance.

    (17)

    Establish and control routes of transportation, ingress or egress.

    (18)

    Control ingress and egress from any designated disaster or emergency area or home, building or structures located therein.

    (19)

    Utilize private property as necessary to cope with emergency or disaster conditions, subject to any requirements established by law for compensation and in accordance with section 30-14.

    (20)

    Appropriate and expend funds, exclude contracts, authorize the obtaining and acquisition of property, equipment, services, supplies and materials without strict compliance with procurement regulations or procedures.

    (21)

    Transfer the direction, personnel, or functions of town departments and agencies for the purpose of performing or facilitating emergency or disaster services.

    (22)

    Accept services, gifts, grants, loans, equipment, supplies, and/or materials whether from private, nonprofit or governmental sources.

    (23)

    Terminate or suspend any process, operation, machine, device, or event that is or may negatively impact the health, safety and welfare of persons or property within the town.

    (24)

    Delegate authority to such town officials as the mayor determines reasonably necessary, convenient or expedient.

    (25)

    Require the continuation, termination, disconnection, or suspension of natural gas, electrical power, water, sewer, communication or other public utilities or infrastructure.

    (26)

    Close or cancel the use of any municipally owned or operated building or other public facility.

    (27)

    Disinfect, abate, demolish, remove or clean up any building, structure, site, wreckage or debris.

    (28)

    Declare, issue, enforce, modify and terminate orders for quarantine and isolation of persons or animals posing a threat to public health.

    (29)

    Exercise such powers and functions in light of the exigencies of emergency or disaster including the waiving of compliance with any time consuming procedures and formalities, including notices, as may be prescribed by law.

    (30)

    Issue any and all such other orders or undertake such other functions and activities as the mayor reasonably believes is required to protect the health, safety and welfare of persons or property within the town or otherwise preserve the public peace or abate, clean up, or mitigate the effects of any emergency or disaster.

    (31)

    Exercise the full power and authority to provide by proclamation all regulations reasonably necessary to protect the health, security, welfare, safety, peace, life and property of the town and the inhabitants during the time of such crisis.

    (32)

    Delegate, to the extent allowed by law, any or all of these powers and duties to the emergency management coordinator.

    (33)

    Petition the governor to apply to the federal government for financial assistance and for aid to local families and individuals adversely affected by the disaster or emergency.

(Ord. No. 1245, § 2, 12-16-2014)