AN ORDINANCE AUTHORIZING A DECLARATION OF A LOCAL STATE OF EMERGENCY= IN THE EVENT OF A NATURAL, TECHNOLOGICAL, OR CIVIL EMERG

AN ORDINANCE AUTHORIZING A DECLARATION OF A LOCAL STATE OF EMERGENCY IN THE EVE= NT OF A NATURAL, TECHNOLOGICAL, OR CIVIL EMERGENCY OR THE IMMINENT THREAT THEREOF; AND AUTHORIZING CERTAIN EMERGENCY MEASURES RELATING THERETO: PROVIDING FOR REGULATIONS OF THE USE OF WATER; PROVIDING FOR PROHIBITION OF PRICE GOUGING=

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WHEREAS, because of the existing and continuing possibility of the occurrence of natural, technological, or civil emergencies resulting in destruction, inju= ry, and/or death, and in order to ensure the readiness of ______________(jurisdiction)___, to adequately deal with such emergencies a= nd generally provide for the protection of the health, safety, and welfare of,= and to preserve the lives a= nd property of the people of ___(jurisdiction)____, it is hereby determined to= be in the best interest of ___(jurisdiction)___ that the following ordinance be adopted.

NOW, THEREFORE, BE IT ORDAINED BY THE ___(GOVERN= ING BODY)___ OF THE ___(JURISDICTION)___:

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SECTION 1. It is the intent= of the ____(jurisdiction)____ to designate a ____(jurisdiction level)____ offi= cial to declare a Local State of Emergency in the event of a natural, technologi= cal, or civil emergency or the imminent threat thereof, and to authorize certain actions relating thereto when a quorum of the ____(governing body)____ is unable to meet.

= &nb= sp;

SECTION 2. Pursuant to Chap= ter ____, West Virginia Statutes, which authorizes the waiver of procedures and formalities otherwise required of a political subdivision to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a local state of emergency, when a quorum of the ____(governing body)___ is unable to meet, the ___(chief official)___ of the ___(governing body)___, or the ___(1st alternate official)___ in his absenc= e, or the ___(2nd alternate official)___, or his designee, is empowered to dec= lare a Local State of Emergency whenever he shall determine that a natural, technological, or civil emergency has occurred or that the occurrence or th= reat of one is imminent and requires imme= diate and expeditious action. =

SECTION 3. "Emergency&= quot; means any occurrence, or threat thereof, whether natural, technological, or civil, in war or peace, which results or may result in substantial injury and/or death to the population or substantial damage to or loss of property= .

SECTION 4. A local state of emergency shall be declared by proclamation of the ___(chief official)___ or the ___(1st alternate official)___ in his absence, or by the ___(2nd altern= ate official)___ or his designee, in the absence of the ___(chief official)___ = or ___(1st alternate official)___. The local state of emergency shall continue until the ___(chief official)___ or = ___(1st alternate official)___ in his absence or the ___(2nd alterna= tive official)___, or his designee, in the absence of the ___(chief official)___= or ___(1st alternate official)___, finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of he ___(governing body)___ can take place and terminate the local state of emergency by = proclamation.

SECTION 5. A proclamation d= eclaring a local state of emergency shall activate the emergency plans applicable to ___(jurisdiction)___ , and shall be the authority for the use or distributi= on of any supplies, equipment, materials, or facilities assembled or arranged = to be made available pursuant to such plans. =

SECTION 6. Upon the declara= tion of a local state of emergency, pursuant to this ordinance, the ___(jurisdiction)___ shall have the authority and enforcement power during = the local state of emergency to protect the health, safety, and welfare of the citizens of the jurisdiction, including to:

A. Suspend or limit the sale, dispens= ing, or transportation of alcoholic beverages, firearms, explosives and combustibles.

B. Establish curfews, including but n= ot limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking except for the provision of designated essential, such as fire, police, emergency medical services, and hospital services, including the transportation of patients, public utilities emerge= ncy repairs, and emergency calls by physicians.

C. Utilize all available resources of= the ___(jurisdiction level)___ government as reasonably necessary to cope with = the emergency, including emergency expenditures not to exceed $____________.

D. Declare certain areas off limits.<= o:p>

E. Make provisions for the availabili= ty and use of temporary emergency housing and the emergency warehousing of materia= ls.

F. Establish Emergency Operating Cent= ers and Evacuation Reception Sites in addition to or in place of those provided= for in the ___(jurisdiction's)___ emergency plans.

G. Declare that during a local state = of emergency it shall be unlawful for any person, firm, or corporation within = the ___(jurisdiction level)___ to use fresh water supplied by a water utility f= or any purpose other than cooking, drinking, or bathing.

H. Declare that during a local state = of emergency it shall be unlawful for any individual, partnership, or corporat= ion operating within the ___(jurisdiction level)___ to charge more that the nor= mal average retail price for any merchandise, goods, or services sold during the local state of emergency. The average retail price as used herein is define= d to be that price at which similar merchandise, goods, or services were being s= old during the ninety (90) days immediately preceding the emergency or a mark-up which is not a larger percentage over wholesale cost than was being added to wholesale cost before the local state of emergency.

I. Confiscate merchandise, equipment, vehicles, or property needed to alleviate the local state of emergency. Reimbursement shall be made within sixty (60) days, and at customary value charged, for the items during ninety (90) days previous to the local state = of emergency.

J. Authorize the ___(chief official)_= __, ___(1st alternate official)___, or in their absence the ___(2nd alternate official)___, or his designee on behalf of the ___(jurisdiction)___ to, usi= ng the legal procedures established, call upon such assistance from the federa= l, state, or other local jurisdictions as may be necessary for the resolution = of problems related to the health, safety and/or welfare of the citizens of the ___(jurisdiction)___.

SECTION 7. Nothing in this ordinance shall be construed to limit the authority of the ___(governing body)___ to declare or terminate a local state of emergency and take any ac= tion authorized by law when sitting in regular or special session.

SECTION 8. Any individual, partnership, or corporation who refuses to comply with or violates any sect= ion of this ordinance, or the emergency measures which may be made effective pursuant to this ordinance, shall be punished according to law and, upon conviction for such offenses, shall be punished by a fine not to exceed ____________________dollars ($__________) or by imprisonment not to exceed _________________ (____) days in jail, or both. Each day of continued noncompliance or violation shall constitute a separate offense. Nothing her= ein contained shall prevent the ___(jurisdiction level)___ from taking such oth= er

SECTION 8. (Continued)

lawful action in any court of competent jurisdiction as is necessar= y to prevent or remedy any

refusal to comply with, or violation of, this ordinance or the emergency measures which may be effective pursuant to = this ordinance. Such other lawful action shall include, but shall not be limited= to, an equitable action for injunctive relief or any action at law for damages.=

SECTION 9. In the event this ordinance conflicts with any other ordinance of ___(jurisdiction)___ or any applicable law of he State of West Virginia, the more restrictive shall app= ly. If any phase or portion of this ordinance is held invalid or unconstitution= al by any court of competent jurisdiction, each portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion.

SECTION 10. This ordinance shall t= ake effect upon adoption.

CURFEW ORDINANCE

WHEREAS, the ___(governing body)___ of ___(jurisdiction)___, West Virginia has declared a state of local emergency,

NOW THEREFORE BE IT ORDAINED by the ___(governing body)___ of ___(jurisdiction)___, West Virginia:

SECTION 1. The ___(governing body)___ of ___(jurisdiction)___, West Virginia, finds and declares that in order to protect and safeguard the safety, health, and welfare of the peopl= e of ___(jurisdiction)___, the herein contained emergency regulations are necess= ary.

SECTION 2. Until rescinded = by further ___(jurisdiction level)___ ordinance, during this local state of emergency there shall be a general curfew throughout ___(jurisdiction)___ between the hours of _______P.M. and ______ A.M.; provided, however, that this shall not apply to regular members of law enforcement bodies, firefighting organizations, emergency medical = organization, and such other emergency services organizations that m= ay be functioning in ___(jurisdiction)___. Regular employees of local industri= es, public utilities, hospitals and health care operations, and other essential operations while traveling to and from their jobs, are exempt, provided they have identification if stopped by any law enforcement personnel. The aforementioned essential operations are requested to provide identification to such of their employees as shall be traveling during the hours of curfew.

SECTION 3. Any person who knowingly violates = any provision of this ordinance shall, upon conviction, be punished according to law and shall be subject to a fine, not exceeding the sum of $_________, or imprisonment in jail for a period not exceeding _____(__) days, or both.

SECTION 4. All territory wi= thin the legal boundaries of ___(jurisdiction)___ shall be embraced by the provisions of this ordinance.

SECTION 5. This ordinance s= hall take effect upon adoption.

= &nb= sp; PRICE GOUGING PROHIBITION ORDINANCE

WHEREAS, the ___(governing body)___ of ___(jurisdiction)___, West Virginia has declared a state of local emergency,

NOW THEREFORE BE IT ORDAINED by the ___(governing body)___ of = ___(jurisdiction)___, West Virginia:

SECTION 1. The ___(governing body)___ of ___(jurisdiction)___, West Virginia finds and declares that in order to protect and safeguard the safety, health, and welfare of the peopl= e of ___(jurisdiction)___, the herein contained regulations are necessary.<= /o:p>

SECTION 2. It shall be unlawful for any individual, partner= ship, or corporation in ___(jurisdiction)___ to charge more than the normal retail price for any merchandise sold during the state of local emergency. The ave= rage retail price as used herein is defined to be that price at which similar merchandise was being sold during the ninety (90) days immediately = proceeding the state of local emergency, or a mark-up that is not a larger percentage over wholesale cost than was being added to wholesale cost before the local state of emergency.

SECTION 3. Any person who knowingly violates any provision of this ordinance shall, upon conviction, = be punished according to law and shall be subject to a fine not exceeding the = sum of $_________, or imprisonment in jail for a period not exceeding _________ (__) days, or both.

SECTION 4. All territory wi= thin the legal boundaries of ___(jurisdiction)___, West Virginia shall be embrac= ed by the provisions of this ordinance.

SECTION 5. This ordinance s= hall take effect upon adoption.

EVACUATION ORDER

WHEREAS, a state of local emergency has been declared because of the existence of an emergency situation which threatens the lives and/or property of the citizens of ___(jurisdiction)___, West Virginia,

NOW, THEREFORE, as the ___(authorized official)___ of ___(jurisdiction)___, I hereby order = that the Evacuation Protective Action be implemented for the area bounded by ___= _________________________________________________________.

Done this __________ day of ________________, 19__, at ___(time)___= .

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= (Authorized Official)

____________________________= ________

= (Jurisdiction)

NOTE: = ; THE ABOVE MODEL EMERGENCY ORDINANCES ARE SUGGEST= IONS FOR THE CONSIDERATION FOR ADPTION OF THE JURISDICTION GOVERNING BODIES WITH= IN THE CABELL/WAYNE LOCAL EMERGENCY PLANNING DISTRICT, WITH THE COUNSEL OF THE JURISDICTION ATTORNEYS. THE JURISDICTION ATTORNEYS WILL CAST SUCH ORDINANCE= S IN THE FORMAT USED BY THE JURISDICTION. =