Chapter 2.150
EMERGENCY MANAGEMENT

Sections:

2.150.010    Purpose.

2.150.020    City-County emergency management program – General provisions and definitions.

2.150.030    Emergency management program – Organization and administration of the Emergency Management Agency.

2.150.040    Mayor and Board of Commissioners.

2.150.050    Qualifications and appointment of emergency management volunteers.

2.150.060    Agency personnel administration.

2.150.070    Departmental budgeting and finance.

2.150.080    Emergency management operations plan – Formulation, content, and adoption of plan.

2.150.090    Countywide jurisdiction of the Emergency Management Agency, County emergency operations plan, and related official powers.

2.150.100    Emergency management program – Emergency powers, regulations and procedures.

2.150.110    Special emergency powers and duties of Chief Executive Officer and Mayor – Declaration of local disaster emergency.

2.150.120    Special emergency powers and duties of Director of Emergency Management.

2.150.130    General duties of City and County officers and employees during emergency.

2.150.140    Priority of emergency orders, rules and regulations.

2.150.150    Noncompliance with emergency orders, rules, and regulations – Obstruction or impersonation of emergency management authorities – Penalties and enforcement.

2.150.160    Duration of agreement.

2.150.010 Purpose.

This chapter shall constitute the agreement between the City and County to establish an Emergency Management Agency and to provide for the exercise of necessary powers during emergencies. The agreement shall be effective upon approval of the City Council and Mayor on behalf of the City of Evansville and the County Commissioners and County Council on behalf of Vanderburgh County. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.01.]

2.150.020 City-County emergency management program – General provisions and definitions.

(A) Definitions. As used in this chapter, the following words and terms have the meanings indicated:

“Advisory Council” means the Evansville-Vanderburgh County Emergency Management Advisory Council as established under this chapter, pursuant to IC 10-14-3-17.

“Agency” means the Evansville-Vanderburgh County Emergency Management Agency established in this chapter as an inter-jurisdictional agency pursuant to IC 1014-3-16.

“Board” means the Board of County Commissioners, as elected pursuant to IC 36-2-2.

“Chairman” means the Chairman of the Emergency Management Advisory Council, as established under this chapter, pursuant to IC 10-14-3-17.

“Chief Executive Officer” of the County as referred to in IC 10-14-3-29(a) for purposes of declaring a local disaster emergency in the County, and as referred to hereinafter, means the Board of County Commissioners unless they are unable to convene, in which event it shall mean the regularly designated President of the Board of County Commissioners, except if he is unavailable or incapacitated, and the board has a regularly designated vice-president, then the vice-president shall be the Chief Executive Officer. If both the president and vice-president are absent or incapacitated, then the remaining Commissioner shall be considered the Chief Executive Officer. The Chief Executive Officer of the County selected by the above procedure shall exercise all powers and fulfill all duties of the Chief Executive Officer under IC 10-14-3-29(a) until such time as the regularly designated president of the board shall no longer be unavailable or incapacitated, at which time the regularly designated president of the board shall resume all the powers and duties with his office until such time as a majority of the Board of County Commissioners may meet.

“Director” means the Director of the Emergency Management Agency as established and appointed pursuant to this chapter.

“Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill, other water contamination requiring emergency action to avert danger or damage, air contamination, drought, explosion, riot or hostile military or paramilitary action.

“Emergency management” means the preparation for and the coordination of all emergency functions, other than functions for which military forces or other Federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters.

“Emergency management volunteer” means any person who serves without compensation in the Department of Emergency Management, being first duly rostered, identified and appointed by the Director, including persons and private agencies or governmental units offering services to the City or County during emergency situations or mutual aid to other emergency services who request assistance.

“Manmade disaster” shall mean incidents such as dam failure, power failure, structural fires, hazardous materials both fixed facility and transportation, radiological both fixed facility and transportation, transportation accidents such as air, rail, highway, water, and other incidents which are beyond the control of regular forces.

“Natural disaster” means any condition affecting or threatening public health, welfare, safety or security, including, but not limited to, flood, tornado, earthquake, wind, storm, winter storm or other natural cause.

“Participating emergency service” means:

(1) Any County or City department or agency designated by the County Commissioners or Mayor to participate in emergency activities; or

(2) Any department or agency of the State, another county, municipal corporation, or a volunteer organization designated to participate in the emergency management program and activities pursuant to a cooperative or mutual aid agreement entered into pursuant to IC 10-14-3-10.6.

“Personnel” means City and County officers and employees and emergency management volunteers, unless otherwise indicated.

“Plan” or “emergency plan” means the current local inter-jurisdictional emergency plan whose preparation and updating are mandated by IC 10-14-3-17(h).

“IDHS” means the Indiana Department of Homeland Security established under IC 10-19-2-1.

(B) General Scope and Intent – Liberal Construction of Powers. The general intent of this chapter is to provide for all necessary and indispensable powers and procedures reasonably needed to mitigate, prepare for, respond to and recover from emergency conditions. To this end, all powers, both ministerial and discretionary, as conferred herein shall be liberally construed and shall be construed as intending to supplement and augment, and not to limit, any other powers or reasonable exercise of discretion which may ordinarily pertain to County or City officers, employees, departments, and agencies.

(C) Limitations – Nonsupersession of Emergency Powers of Incorporated Municipalities – Conformance of Municipal Regulation with County Regulations. Nothing in this chapter is intended to supersede or delimit the powers of the City to adopt and implement emergency plans, and promulgate and enforce special emergency regulations and procedures in the advent of an actual emergency affecting such municipality. However, such regulations and procedures as promulgated by the municipal authorities may not be inconsistent with the emergency regulations and procedures as established in this chapter. [Ord. G-2010-5 § 1, passed 3-16-10; Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.02.]

2.150.030 Emergency management program – Organization and administration of the Emergency Management Agency.

(A) Emergency Management Advisory Council Established – Appointment and Terms of Members. In accordance with IC 10-14-3-17, there is established an inter-jurisdictional Evansville-Vanderburgh County Emergency Management Advisory Council which shall consist of the following persons or their designees:

(1) Four members appointed by the Mayor;

(2) Three members appointed by the County Commissioners;

(3) One member shall be a commander of the local Civil Air Patrol Unit in the County; and

(4) One member who is a voting member of the Community Advanced Life Support Consortium as designated by the Community Advanced Life Support Consortium.

(B) Members shall serve for a term of one calendar year or until their successors are appointed. A member may be removed by the appointing authority at any time. The Advisory Council shall have a chairman, a vice-chairman, and a secretary. These officers shall be elected by the Advisory Council for a one-year term. Election of officers shall be held at the first meeting of the year.

A member of the Council may designate, in writing, another person to act on his/her behalf, including, but not limited to, the power to vote on any issue, when that member is unable to attend a meeting of the Council.

(C) Duties of Emergency Management Advisory Council (IC 10-14-3-17(d)).

(1) The Advisory Council shall exercise general supervision and control over the emergency management and disaster program of the City and County and shall select, with the approval of the Mayor, an Emergency Management Director, who shall have direct responsibility for the organization, administration and operation of the emergency management program in the City and County and shall be responsible to the chairman of the Advisory Council. The Emergency Management Director shall not hold any other local or State government office.

(2) The Advisory Council shall have the power to terminate the Director, with the approval of the Mayor.

(3) The Advisory Council shall meet at least once biannually; the frequency, time and place shall be determined by the Council.

(4) Any and all meetings of the Advisory Council shall be conducted in accordance with the Indiana Open Door Law.

(5) The Advisory Council shall have the power to enter into contracts; decide policy and procedure of the agency; hold title to property; buy, sell and dispose of property both real and personal; and do any other act necessary or desirable in the conduct of the affairs of the agency subject to limitations of local and State law and subject to appropriations.

(D) Emergency Management Agency Established – Organization and Constituency of the Department. There is hereby established an Emergency Management Agency for the purpose of utilizing to the fullest extent possible the personnel and facilities of existing City and County departments and agencies to prepare for and meet any disaster as defined in this chapter. The Director of the Emergency Management Agency shall be responsible for its organization, administration and operation. The department shall consist of the following:

(1) A Director of Emergency Management Agency;

(2) A Deputy Director, who shall be appointed by the Director with the approval of the Advisory Council;

(3) Emergency management volunteers, as deemed necessary and appointed by the Director in accordance with this chapter and in accordance with the plan;

(4) Other employees, equipment and facilities as approved by the Advisory Council subject to appropriations for the agency.

Notwithstanding any other provision of this chapter, no compensated position may be established within the Emergency Management Agency nor any person appointed to such position without the approval of the Mayor and the making of sufficient appropriations to pay such compensation.

(E) Director of the Emergency Management Agency – Appointment and Qualifications.

(1) The Director of the Emergency Management Agency shall be appointed by the Advisory Council with the approval of the Mayor. The Director may hold no other local, State, or Federal office.

(2) Qualifications for Director may be determined by the Advisory Council, with input from the Mayor and County Commissioners.

(F) Director of Emergency Management – General Powers and Duties. The Director, subject to the direction and control of the Advisory Council, shall have responsibility for the organization, administration and operation of the Emergency Management Agency, including the following specific powers and duties:

(1) To submit to the Advisory Council, Mayor and the County Commissioners a yearly report on the City-County’s comprehensive emergency management, including mitigation, preparedness, response and recovery taken in the previous year and planned and recommended for the year to come.

(2) To develop a City-County Emergency Operating Plan, and upon adoption, to be responsible for such implementation and revision of the plan to maintain it in a current state of readiness at all times.

(3) To coordinate with the City and County all activities for emergency management.

(4) To coordinate the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the City and County for emergency management purposes.

(5) To bring to the Advisory Council for approval, with the consent of the Mayor and County Commissioners, mutual aid arrangements with other public and private agencies for emergency management purposes, and take all steps in accordance with such arrangements to comply with or take advantage thereof in the event of an actual emergency affecting the parties.

(6) Upon approval of the Mayor, in the case of the City, and upon approval of the County Commissioners, in the case of the County, to accept any offer of the Federal government to provide for the use of the City or County any service, equipment, supplies, materials, or funds for emergency management purposes by way of gift, grant or loan.

(7) To seek and accept from any person, firm, or corporation any gratuitous offers to provide services, equipment, supplies, materials, funds, licenses, or privileges to use real estate or other premises for the City and County for emergency management purposes.

(8) To issue proper insignia and papers to emergency management workers and other people directly concerned with emergency management.

(9) To be responsible for public relations, information, and education regarding all phases of an emergency.

(10) To have such other powers as are provided by IC 10-14-3-16 for local directors and as are provided in this chapter.

(G) Deputy Director. If a Deputy Director has been hired, he shall during normal times assist the Director in the performance of his duties. During an emergency, the Deputy Director shall assist the Director and fulfill the duties of the Director in the absence or inability of the Director.

(H) Budget. The annual budget of the agency shall be submitted to the City and County Council for mutual approval. The agency shall be financed as follows: the City shall contribute 50 percent and the County shall contribute 50 percent of the annual budget amount remaining after crediting all funds and reimbursements received from Federal, State and other sources. The City and County Councils or a committee of said Councils shall meet in concert for the consideration of the budget or any amendment thereto. The County shall pay its annual share of the budget of the agency to the City Controller in installments, which shall be billed to the County by the City and which shall be due within 30 days after each billing. The Controller of the City shall recognize vouchers for claims only according to the procedure provided by law for cities of the second class and in accordance with the budget approved and passed by the Councils for the City and County. In the event that the City and County Councils shall not agree upon the amount of the budget, the budget for that year shall be the lesser amount approved and passed by either the City or the County.

(I) Property Ownership and Disposition. All property transferred by each of the parties shall be cost accounted and the party transferring said property shall retain title thereto. The agency shall have the right to use and possession of said property. Upon termination, the party transferring said property shall have said property returned to it or be credited with the value of said property less depreciation. All new property purchased shall be owned jointly by the parties in the percentage that each party contributes to the budget. The City, contributing 50 percent of the budget, is the owner of 50 percent of the new property, and the County, contributing 50 percent of the budget, is the owner of 50 percent of the new property. In the event the percentage allocation of the budget is modified, the percentage allocation of ownership of property shall be modified that same date to properly reflect property ownership for property purchased after the date of said modification. In the event of the termination of this agreement, the parties shall, by appropriate means, distribute the new property of the agency on the basis of percentages hereinabove set out, and the value of the property shall be the actual cash value of the property. Appropriate means shall include, but not necessarily be limited to, one party buying the interest of the other party in the property or a sale of the properties, either in total or in part. If the parties cannot agree as to the value of the property, the property shall be appraised by three disinterested appraisers appointed by the Superior or Circuit Court of Vanderburgh County. [Ord. G-2010-5 § 2, passed 3-16-10; Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.03.]

2.150.040 Mayor and Board of Commissioners.

The powers and duties of Mayor and Board of Commissioners pertaining to emergency management within their respective jurisdictions are:

(A) To maintain general supervision over the planning and administration for the Department of Emergency Management;

(B) To adopt the emergency and disaster plans; and

(C) To coordinate the emergency management activities and make assignments of emergency management activities and make assignments of emergency management duties to their work forces in order to meet situations not covered in the normal duties and powers of such agencies. In addition, the Mayor and County Commissioners may take all necessary action to conduct tests of the emergency management plans within their jurisdictions. Emergency management tests may be conducted at any time with or without prior notification. All emergency tests conducted shall be coordinated with the Emergency Management Agency and local law enforcement agencies. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.04.]

2.150.050 Qualifications and appointment of emergency management volunteers.

The Director shall make sure that all volunteer personnel meet the following qualifications before he or she is sworn in as a member:

(A) Be at least 18 years of age;

(B) Not be convicted of a felony; and

(C) Complete and have on file an application form.

Volunteers are encouraged to complete professional development and home study courses. After completion of the requirements of the Advisory Council, and after being duly sworn in, the volunteer is officially a member of the City-County Emergency Management Agency. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.05.]

2.150.060 Agency personnel administration.

In general, any paid regular employees of the agency shall have the same employment status and shall be governed by the same uniform personnel policies, rules, and procedures that apply to other City employees. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.06.]

2.150.070 Departmental budgeting and finance.

The Advisory Council shall advise the Director in the preparation of the budget. The City and County Councils shall appropriate such funds as they may deem necessary for the purpose of emergency management. All funds appropriated or otherwise available to the Emergency Management Agency shall be administered by the Director. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.07.]

2.150.080 Emergency management operations plan – Formulation, content, and adoption of plan.

An Evansville-Vanderburgh County Emergency Operations Plan shall be adopted by resolution of the Common Council of the City of Evansville and Vanderburgh County Commission. In the preparation of this plan, as it pertains to City and County organizations, it is the intent that the services, equipment, facilities, and personnel of all existing departments and agencies shall be utilized to the fullest extent possible.

(A) Each local or interjurisdictional agency shall:

(1) Prepare; and

(2) Keep current;

a local or interjurisdictional disaster emergency plan for its area.

(B) The local or interjurisdictional disaster agency shall prepare and distribute to all appropriate officials a clear and complete written statement of:

(1) The emergency responsibilities of all local agencies and officials; and

(2) The disaster chain of command (IC 10-14-3-17(h)).

In addition, all participating emergency services who develop internal plans shall coordinate those plans with the Emergency Management Agency in order to include such plans with the City/County comprehensive plan. When approved, it shall be the duty of all City and County departments and agencies to perform the functions and duties assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. [Ord. G-2010-5 § 3, passed 3-16-10; Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.08.]

2.150.090 Countywide jurisdiction of the Emergency Management Agency, County emergency operations plan, and related official powers.

The jurisdiction of the Emergency Management Agency and the jurisdiction and applicability of the City/County’s comprehensive emergency management and disaster plan shall be comprehensive and inclusive Countywide and effective in both the incorporated and unincorporated areas of the County. The Mayor and County Commissioners retain full authority to direct the operations of their departments and their employees within their jurisdictions. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.09.]

2.150.100 Emergency management program – Emergency powers, regulations and procedures.

(A) Applicability. This section applies whenever:

(1) A state of emergency affecting all or part of the County has been declared by the Governor pursuant to IC 10-14-3-14;

(2) A state of emergency affecting all or part of the City or County has been declared by the Mayor or Chief Executive Officer of the County pursuant to IC 10-14-3-29 and this chapter;

(3) A presumptive state of emergency is deemed to exist affecting all or part of the County causing the Director to invoke and implement emergency plans and procedures in accordance with this chapter; or

(4) When the Mayor or Board of Commissioners has implemented a test of the County’s emergency plans and procedures to the extent necessary or dispensable to such test.

(B) Pre-Disaster Responsibilities of Emergency Management. The Emergency Management Agency’s primary pre-disaster responsibility shall be the warning function as prescribed in the warning plan, and emergency communications as prescribed in the communications plan for the entire County, including all cities and towns. [Ord. G-2010-5 § 4, passed 3-16-10; Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.10.]

2.150.110 Special emergency powers and duties of Chief Executive Officer and Mayor – Declaration of local disaster emergency.

(A) Declaration of Local Disaster Emergency. In the event of actual or threatened enemy attack or disaster affecting the City or County, the Mayor or Chief Executive Officer of the County, within their respective jurisdictions, may declare a local disaster emergency pursuant to IC 10-14-3-29, for any period not to exceed seven days. The declaration shall be in writing and indicate the nature of the disaster and the conditions that have brought it about, and the area or areas threatened and to which the state of emergency applies (which may include the entire City or County or only designated parts thereof). Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be filed in the office of the City Clerk, in the case of the City, or in the case of the County, in the office of the County Clerk. A declaration of emergency shall be announced or disseminated to the general public by reasonable means under the circumstances. However, the declaration is not invalid or ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances. Such a declaration is not necessary if the Governor, pursuant to IC 10-14-3-14, has already proclaimed a statewide or area-wide state of emergency.

(B) Special Emergency Powers and Duties of the Chief Executive Officer and Mayor.

(1) As soon as possible after an emergency affecting the City or County is declared by either the Governor, Mayor or Chief Executive Officer of the County, the Mayor may convene an emergency meeting of the City Council or the County Commissioners may convene an emergency meeting of the County Commissioners to perform necessary administrative or legislative functions.

(2) The Mayor or Chief Executive Officer of the County may exercise any of their normal executive and legislative powers to the extent necessary to deal with the emergency. In addition, they may also exercise any of the following special and extraordinary powers:

(a) The Mayor or Chief Executive Officer of the County may extend the period of a state of emergency declared by the Mayor or Chief Executive Officer of the County within their jurisdictions, to last more than seven days.

(b) The Mayor or Chief Executive Officer of the County may terminate the state of emergency, except for an emergency declared by the Governor.

(c) The Mayor or Chief Executive Officer of the County may order the activation and implementation of the City-County’s Comprehensive Emergency Management and Disaster Control Plan that has been adopted under this agreement or such component parts thereof as may be relevant to the emergency.

(d) The Mayor or Chief Executive Officer of the County may assemble and utilize emergency management forces, including personnel of the agency, participating emergency services, and any other forces at their disposal.

(e) The Mayor or Chief Executive Officer of the County may, to the extent permitted by IC 10-14-3-31, command services from and requisition the use of equipment, facilities, supplies, or other property belonging to other organizations, corporations, or private persons as necessary to control the emergency and protect and provide for the public safety and welfare.

(f) The Mayor or Chief Executive Officer of the County may order the evacuation of all or part of the population from stricken areas of the City under their control and prescribe routes, modes of transportation, and destinations for such evacuation.

(g) The Mayor or Chief Executive Officer of the County may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations, etc., which would govern the use and location of premises for housing purposes during normal times.

(h) The Mayor or Chief Executive Officer of the County within their jurisdictions may suspend, for the duration of the state of emergency (or for a lesser period as they determine), any provisions of or procedures prescribed by ordinance of the City or County if they would be impractical during the emergency, would interfere with the implementation and carrying out of emergency plans or would be inimical to actions necessary to protect the public safety and welfare; however, except in accordance with subsection (B)(2)(a) of this section, the Mayor or Chief Executive Officer of the County may not suspend any provisions or procedures which are mandated by statute.

(i) In the event of enemy attack, or when the state of emergency has been proclaimed by the Governor, the Mayor or Chief Executive Officer of the County may also in accordance with IC 10-14-3-22 waive any procedures or requirements of statute, or ordinances reflecting statutory requirements and mandates, and pertaining to the appropriation and expenditure of public funds, the incurrence of obligations, the performance of public works, the entering into contracts, the employment of permanent or temporary workers or utilization of volunteer workers, the rental of equipment, or the purchase and distribution of supplies, materials, and facilities.

(j) The Mayor or Chief Executive Officer of the County may assign special emergency duties to departments and agencies within their jurisdiction, irrespective of their usual duties and functions, and any unexpended and unencumbered monies budgeted and appropriated for the operation of such offices, departments and agencies and not otherwise dedicated by law to different and specified 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.

(k) The Mayor or Chief Executive Officer of the County may make and promulgate such emergency regulations as may be deemed necessary to protect life and property, preserve order, conserve critical resources, or implement and carry out the provisions of the City-County’s or State’s disaster plans, including but not limited to the power to order streets or roads closed, establish curfews, close businesses, or any action that they deem necessary to save lives and recover from a declared emergency. This power also includes the power to supplement, modify, or suspend any general contingency regulations that may have been incorporated as part of the City-County’s previously adopted Emergency Operations Plan. Any emergency regulations adopted under this subsection shall not be effective until promulgated, which promulgation shall be by written filing in the offices of the City Clerk, in the case of the City, and in the offices of the County Clerk, in the case of the County, as required by IC 10-14-3-29; provided, however, that should such filing be impossible because of the emergency situation, such regulations shall be effective and enforceable notwithstanding. Such regulation shall have the full force of law and shall be enforceable by any law enforcement officer in accordance with IC 10-14-3-24.

(l) The Mayor or Chief Executive Officer of the County may request the State 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 regular and emergency County forces and resources.

All actions and regulations under this section may be by executive order, and need not be made or adopted by ordinance or resolution, but shall be consistent with and subordinate to any actions, orders, or regulations made by the Governor or a State agency implementing State Emergency Operations Plans.

(C) Designation of a Local Travel Advisory.

(1) If the Mayor issues a local travel advisory as part of an emergency declaration under IC 10-14-3-29, the Mayor shall designate the travel advisory as falling in to one of the following categories:

(a) “Advisory,” the lowest level of the local 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.

(b) “Watch” means that conditions are threatening to the safety of the public. During a “watch” local travel advisory, 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.

(c) “Warning,” the highest level of local travel advisory, means that travel may be restricted to emergency management workers only. During a “warning” local travel advisory, individuals are directed to:

(i) Refrain from all travel;

(ii) Comply with necessary emergency measures;

(iii) Cooperate with public officials and disaster services forces in executing emergency operations plans; and

(iv) Obey and comply with the lawful direction of properly identified officers.

Further and more specific restrictions, including parking restrictions, may be included in a “warning” local travel advisory.

(2) If the Emergency Management Agency Director or Mayor determine that conditions within the City have created the need for travel advisory restrictions without a local disaster emergency declaration under IC 10-14-3-29, the Emergency Management Agency Director or the Mayor may issue an “advisory” or a “watch” level travel advisory.

(3) A “warning” level travel advisory may be issued only after a local disaster emergency is declared under IC 10-14-3-29. [Ord. G-2016-15 § 1, passed 3-30-16; Ord. G-2010-5 § 5, passed 3-16-10; Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.11.]

2.150.120 Special emergency powers and duties of Director of Emergency Management.

It shall be the duty of the Director to make recommendations and advise the Mayor or the Chief Executive Officer on any action that would be necessary or desirable to take in the event of an emergency. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.12.]

2.150.130 General duties of City and County officers and employees during emergency.

All officers and employees of the City and County shall cooperate with and give active support to the Mayor and County Commissioners and the City/County Director of Emergency Management in all emergency management operations.

All officers and employees of the City shall comply with the orders of the Mayor, and all County officers and employees shall comply with the orders of the Chief Executive Officer of the County. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.13.]

2.150.140 Priority of emergency orders, rules and regulations.

Orders, rules, and regulations made and promulgated pursuant to this chapter shall supersede all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.14.]

2.150.150 Noncompliance with emergency orders, rules, and regulations – Obstruction or impersonation of emergency management authorities – Penalties and enforcement.

It shall be unlawful and an ordinance violation for any person to:

(A) Willfully obstruct, hinder, or delay the Mayor or County Commissioners, the Director of Emergency Management, participation in emergency services, authorized emergency management volunteers, or other authorities from implementing, carrying out, and enforcing emergency plans and procedures;

(B) Fail to observe, abide by, and comply with any emergency management duties, orders, regulations, and procedures as made applicable to such person by the appropriate authorities; or

(C) Falsely wear or carry identification as a member of the City-County Emergency Management Agency, or to otherwise falsely identify or purport himself to be a City-County Emergency Management Official.

Law enforcement authorities of the City, County, State and the Agency Director are hereby empowered to issue and serve a civil citation against any person found to be committing an offense described in this section. Any person who commits an offense as described in this section shall be liable to a fine not to exceed $2,500 per offense. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.15.]

2.150.160 Duration of agreement.

This agreement shall be for a term of one year and shall continue on a year-to-year basis thereafter unless one party gives the other party 180 days’ written notice to terminate the agreement. Such notice of termination shall be given to the County Commissioners, in the case of the City, or the Mayor, in the case of the County. [Ord. G-2001-15 § 1, passed 7-6-01. 1983 Code § 16.02.16.]