GOVERNING STATES OF EMERGENCY IN METHUEN
Sec. 22-1. Definitions
Sec. 22-2. Declaration of States of Emergency
Sec. 22-3. Cooperation with Federal and State Authorities
Sec. 22-4. Authority and Responsibility of the City
Sec. 22-5. Issuance of Executive Orders
Sec. 22-6. Appointment of Volunteers
Sec. 22-7. Establishment of Civil Defense Agency
Sec. 22-8. Authority of Local Civil Defense
Sec. 22-9. Appropriations
Sec. 22-10. Utilization of Local Forces
Sec. 22-11. City Council Authority
Sec. 22-12. Severability
CHAPTER 22 - GOVERNING STATES OF EMERGENCY IN METHUEN
In this ordinance, unless the context otherwise requires, the following words shall have the following meanings:
"Emergency service" shall mean the preparation for and the carrying out of all emergency functions, for the purpose of minimizing and repairing injury and damage resulting from disasters caused by fire, flood, blizzard, earthquake or other natural causes; said functions shall include specifically, but without limiting the generality of the foregoing: fire-fighting and police services, medical and health services, rescue, public works, evacuation of persons from stricken areas, and emergency transportation.
"Local organization for civil defense" shall mean an organization created in accordance with the provisions of Chapter 639 of the Acts and Resolves of 1950 and this ordinance to perform local emergency service functions.
Section 22-2. Declaration of States of Emergency
Because of the existing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from natural occurrences, such as floods, blizzards, fire or earthquakes, in order to insure that the preparations of the City will be adequate to deal with such disasters, and generally to provide for and protect the public peace, health, security and safety, and to preserve the lives and property of the people of the City, the Mayor is hereby authorized to declare "states of emergency" which are caused by natural disasters and such states of emergency may apply to the City or selected portions thereof.
Such declaration, when issued, shall be in writing and (1) recorded with the City Clerk, and (2) communicated to the media for distribution to the citizenry.
Whenever the Mayor has proclaimed the existence of such a state of emergency, he may employ every agency and all the Departments and divisions of the City to protect the lives and property of its citizens and to enforce the law.
After the proclamation has been made in the event of a disaster, the Mayor may:
(a) Impose a curfew under Chapter 40, Section 37A, Massachusetts General Laws.
(b) Prohibit establishments licensed under Chapter 138, Massachusetts General Laws, to sell, give away or deliver any alcoholic beverages on the licensed premises for a period not exceeding three days at any one time under this ordinance and Chapter 138, Section 68, Massachusetts General Laws.
(c) Seek and secure the aid and assistance of all available county, state and federal authorities in protecting the public safety and health.
(d) Order all or any portions of the public ways of the City closed to all but public safety vehicles, and in conjunction therewith, to cause to be removed any persons or vehicles or property on said public ways in violation of such closing; the cost of which to be borne by the individual property owners.
This section, however, shall not apply to the City Council and their staff while proceeding to or returning from a duly called Council meeting.
(e) Order evacuated, in conjunction with the Building Commissioner and/or the Board of Survey, all properties in the City of Methuen under this ordinance and Chapter 143, Massachusetts General Laws, and 780 CMR, Section 124 et seq.
(f) In conjunction with the Building Commissioner, have right of entry to any building, structure, or premises in the municipality to protect the public safety.
(g) Use and make use of public buildings, excepting Sanborn Hall, to house and shelter any citizens evacuated from their properties.
(h) Take any action reasonably necessary to protect the public safety.
Section 22-3. Cooperation with Federal and State Authorities
The Mayor shall have the power and authority to cooperate with state and federal authorities in matters pertaining to the common welfare, and also so to cooperate with the military forces of the United States and of the state, and to take any measures which he may deem proper to carry into effect any request of the President of the United States or the Governor of the Commonwealth for action looking to the public safety.
Section 22-4. Authority and Responsibility of the City
During the effective period of so much of this ordinance as is contingent upon the declaration of a state of emergency as hereinbefore set forth, the Mayor, in addition to any other authority vested in him by law, shall have and may exercise any and all authority over persons and property, necessary or expedient for meeting said state of emergency, which the City Council, in the exercise of its authority, may confer upon him, and specifically, but without limiting the generality of the foregoing, the Mayor shall have and may exercise such authority relative to any of the following:
(a) Health and/or safety of all citizens and individuals within the territorial limits of the City.
(b) Maintenance, extension or interconnection of services of public utility or public service companies, including public utility services owned or operated by the City.
(c) Policing, protection or preservation of all property, public or private, by the owner or person in control thereof, or otherwise.
(d) Assemblages, parades or pedestrian travel, in order to protect the physical safety of persons or property.
(e) Regulation of the manner and method of purchasing or contracting for supplies, equipment or other property or personal or other services, and of contracting for or carrying out public works, for the City or any of its agencies or political subdivisions.
(f) Receipt, handling or allocation of supplies, equipment or material granted, loaned, or allocated by the state or federal government to the City.
Section 22-5. Issuance of Executive Orders
The Mayor may exercise any power, authority or discretion conferred on him by any provision of this ordinance pertaining to such section as requires preparation in anticipation of a declaration of a state of emergency by the issuance or promulgation of executive orders or general regulations, or through such department or agency of the City, including the local organization for civil defense. Any department, agency or person so directed shall act in conformity with any regulations prescribed by the Mayor for its or his conduct.
Section 22-6. Appointment of Volunteers
The Mayor may appoint, train and equip unpaid volunteer aid and may establish and equip such other volunteer, unpaid public protection units as may be approved by said civil defense agency under Chapter 639 of the Acts and Resolves of 1950, and may appoint and train their members.
Section 22-7. Establishment of Civil Defense Agency
There is hereby established under this ordinance and Chapter 639 of the Acts and Resolves of 1950, a local organization for civil defense in accordance with the state civil defense plan and program.
The organization for civil defense shall have a director, who shall be appointed by the Mayor and subject to confirmation by the City Council, who shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such appointment authority. The local organization for civil defense shall perform civil defense functions within the territorial limits of the City, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of Section 7 of Chapter 639 of the Acts and Resolves of 1950.
In carrying out the provisions of this ordinance and Chapter 639 of the Acts and Resolves of 1950 in which any disaster as described in Section 1 of Chapter 639 occurs, the Mayor shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The Mayor is authorized to exercise the powers vested under this ordinance and Chapter 639 of the Acts and Resolves of 1950 in the light of the exigencies of the extreme emergency situation, without regard to time-consuming procedures and formalities prescribed by law, excepting mandatory constitutional requirements, pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.
Section 22-8. Authority of Local Civil Defense
The Director of the local organization for civil defense may, in collaboration
with other public and private agencies within the Commonwealth, develop or cause
to be developed mutual aid arrangements for reciprocal emergency defense aid
and assistance in case of disaster too great to be dealt with unassisted. Such
arrangements shall be consistent with the state civil defense plan and program,
and in time of emergency, it shall be the duty of the local organization for
civil defense to render assistance in accordance with the provisions of such
mutual aid arrangements. The Director of the local organization for civil defense
may, subject to the approval of the Mayor, enter into mutual aid arrangements
with civil defense agencies or organizations in other states for reciprocal
civil defense aid and assistance in case of disaster too great to be dealt with
unassisted.
The City Council shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such City for the payment of expenses of its local organization for civil defense.
Whenever the federal or state government or any agency or officer thereof, or any person, firm, or corporation shall offer to the City services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, the City, acting through its Mayor, may accept such offer, and upon acceptance, the Mayor may authorize any officer of the City to receive such services, equipment, supplies, materials or funds on behalf of the City, or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
Section 22-10. Utilization of Local Forces
In carrying out the provisions of this ordinance the Mayor is directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the City to the maximum extent practicable.
The Mayor may assign to a City agency any activity concerned with disaster preparedness and relief of a nature related to the existing powers and duties of such agency, and it shall thereupon become the duty of such agency to undertake and carry out such activity on behalf of the City.
Section 22-11. City Council Authority
Upon the issuance of the state of emergency by the Mayor, he/she shall forthwith cause to be served upon the Chairman of the City Council a copy of such proclamation.
The City Council, acting hereunder, may call a meeting and thereat, rescind, repeal or modify such declaration as it believes is in the best interests of the public safety and health.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provision of application; and to this end, the provisions of this ordinance are declared to be severable.
(Ord. #258, Approved May 4th, 1987, Eff. June 3rd, 1987)