§ 7.1-6. Emergency powers.

(a)

Upon the declaration of a state of local emergency, and if recommended by the EMD, the county manager shall have the power and authority to issue an executive order or orders directing and compelling the evacuation of all or part of the population from the stricken or threatened area within the county if the county manager deems such action necessary for the preservation of life or other emergency mitigation, response, or recovery. In the absence or disability of both the EMD and the successor EMD, the county manager may also issue such an executive order if he or she reasonably believes good cause to exist therefor.

(b)

During the existence of a declared state of local emergency, and if recommended by the EMD, the county manager shall have the power and authority by executive order to impose, or to empower and authorize the EMD to impose, any or all of the following restrictions:

(1)

Prohibiting or regulating the purchase, sale, transfer, or possession of explosives, combustibles, dangerous weapons of any kind, or alcoholic beverages;

(2)

Prohibiting or regulating any demonstration, parade, march, vigil or participation therein from taking place on any public right-of-way or upon any public property;

(3)

Prohibiting or regulating any sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances; provided, such regulations may exempt the delivery of such into a tank properly affixed to an operable motor vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof;

(4)

Prohibiting or regulating the possession of any portable container containing gasoline or other flammable or combustible liquid;

(5)

Prohibiting or regulating the participation in or carrying on of any business activity, and the keeping open of places of business, places of entertainment, and any other place of public assembly when such activities may negatively impact public health, safety and welfare;

(6)

Prohibiting or regulating travel upon any public street or highway or upon any other public property; provided, persons in search of medical assistance, food or other commodity or service necessary to sustain the well being of themselves or their families may be exempted from such prohibition or regulation;

(7)

Imposing a curfew upon all or any portion of the county prohibiting persons from being on public streets, highways, parks or other public places during the hours the curfew is in effect;

(8)

Prohibiting state or local business licensees, vendors, merchants and any other persons operating retail businesses from charging more than the normal average retail price for any goods, materials, or services sold during a declared state of local emergency; provided, if the wholesale price or the cost of obtaining the goods, materials or services has increased as a direct result of the local emergency, the average retail price may be increased, but only to the degree that the maximum increase in retail price shall be less than or equal to the amount representative of the average mark-up between the wholesale and average retail price for any goods, materials or services during the ninety-day period immediately preceding the declared state of local emergency; and

(9)

Prohibiting any person, firm or corporation from using the fresh water supplied by public water systems for any purpose other than cooking, drinking, or bathing.

(c)

During the existence of a declared state of local emergency, the county manager shall have the power and authority by executive order to waive the procedures and formalities otherwise required of the county by law, ordinance, resolution or policy pertaining to:

(1)

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;

(2)

Entering into contracts;

(3)

Incurring obligations;

(4)

Employment of permanent and temporary workers;

(5)

Utilization of volunteer workers;

(6)

Rental of equipment;

(7)

Acquisition and distribution, with or without compensation, of supplies, materials, and facilities;

(8)

Appropriation and expenditure of public funds; and

(9)

Appropriation or requisition of merchandise, goods, equipment, services, property or personnel needed to alleviate the emergency with reimbursement paid at a later date; provided, reimbursement shall be at the rate charged during the ninety-day period immediately preceding the emergency unless there is good and sufficient reason to reimburse at a different rate.

(d)

Upon exercising the power to waive procedures and formalities under subsection (c) with respect to a particular item enumerated thereunder, then during the existence of the related declared state of local emergency, the county manager shall be authorized to exercise the power and authority of the board with respect to such enumerated item.

(e)

In the absence or disability of both the EMD and the successor EMD, the county manager may issue an executive order exercising any of the powers and authority provided under subsection (b) if he or she reasonably believes good cause to exist therefor.

(f)

An executive order issued under subsection (b) may exempt from the effect of any restriction thereunder physicians, nurses and ambulance operators performing medical services; on-duty employees of hospitals and other medical facilities; on-duty military personnel; bona fide members of the news media; personnel of public utilities maintaining essential public services; county-authorized and county-requested firemen, law enforcement officers and personnel; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to protect the public health, safety, and welfare.

(Ord. No. 2005-31, § 2, 7-12-05; Ord. No. 2011-28, § 1, 8-23-11)