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HomeMy WebLinkAboutBIL 195 Draft 02 2020-2022 v me COUN'T'Y OF IIAWAI`I ST'AT'E OF HAWAII �tAOFNAi BILL NO. 195 DRAFT 2) -- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DISASTER AND EMERGENCY MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to: 1. Clarify the duties and responsibilities of an emergency management agency within the County of Hawaii to ensure complete, efficient, and effective utilization of resources to address emergencies resulting from natural causes, civil disturbances, or enemy attacks. The agency shall be called the Hawaii County Civil Defense Agency; 2. Set forth authority and responsibilities of local government in prevention of, preparation for, response to, and recovery from natural or man-made disasters or emergencies, and to recognize the emergency powers conferred upon the local government by chapters 127A (Emergency Management) and 128A (Homeland Security) of the Hawaii Revised Statutes; and 3. Provide for the coordination of activities and aid relating to mitigation,preparedness, response, and recovery among agencies and officials in the County of Hawaii, with the State and Federal governments, and with other private and quasi-official organizations to ensure all available resources are assembled and utilized to deal with any disaster or emergency that may occur. SECTION 2. Chapter 7 of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by renaming the chapter"Disaster and Emergency Management"to read as follows: "CHAPTER 7 [ ] DISASTER AND EMERGENCY MANAGEMENT" SECTION 3. Chapter 7, article 1, of the Hawaii County Code 1983 (2016 Edition, as amended) is repealed in its entirety and replaced with the following: "Article 1. Disaster and Emergency Management. Section 7-1-1. Definitions. As used in this chapter, unless it is apparent from the context that a different meaning is intended: "Administrator" means the civil defense administrator with delegated authority from the mayor who is responsible for the administrative and operational functions of the civil defense agency uring emergency management and non-emergency periods. "Alerting organization"means an organization with the designated authority to alert and warn the public when there is an impending natural or human-made disaster or threat. "Authorized persons"means a person approved or assigned by the civil defense agency to perform a specific type of duty or duties or to be at a specific location or locations. "Civil defense agency"means the agency responsible for performing emergency management and homeland security functions within the County and outside the County, as may be required pursuant to chapter 127A and chapter 128A of the Hawaii Revised Statutes. "Comprehensive emergency management plan"means a plan for managing all types of emergencies and disasters by coordinating the actions of numerous agencies. "Continuity of operations plan"means a plan that addresses an organization's or agency's capacity to carry out its essential duties while providing resources for emergency response in the event of an emergency. "Disaster"means any emergency, or imminent threat, that results or ma, likely result in loss of life or property and that requires, or may require, assistance from other Counties or States or from the Federal government. "Emergency"means any occurrence, or imminent threat, which results or ma likely ikely result in substantial injury or harm to the population or substantial damage to or loss of property. "Emergency management"means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters. "Integrated preparedness plan"means a comprehensive plan designed to develop and maintain core capabilities in the County "Land mobile radio system"means a system that facilitates routine and emergency wireless communication between first responders in the field, other field units, and dispatch centers. "Loitering"means to stand or wait around idly or without apparent purpose. 2 "Mitigation"means sustained actions designed to reduce or eliminate risk of hazards and impacts of disaster events on people and property. "Multi-hazard mitigation plan"means a County-wide plan that identifies risks, vulnerabilities, and ways to minimize damage and losses from natural and manmade disasters. "Prevention" means to avoid or stop an imminent, threatened, or actual natural or manmade disaster. "Protection"means to take necessary actions to avoid or minimize damage, injury, or destruction to residents, visitors, property, and assets. "Recovery"means the process of returning to a normal state of affairs including timely restoration, strengthening and revitalization of infrastructure, housing and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by natural and manmade disasters. "Response"means actions designed to save lives, protect property and the environment, and meet basic human needs in the aftermath of an emergency or disaster. "Stakeholder preparedness review"means a three-step self-assessment of a community's capability levels based on the core capability targets established in the threat hazard identification risk assessment. The stakeholder preparedness review identifies anchange (lost, sustained, or built) in capabilities from the previous year, M gaps between the target and current capability, actions to take to close gaps or maintain the capability, and how funding sources (County, State, and Federal rants) have affected the capability. "State of disaster or emergency"means an occurrence that requires efforts by local, State, or Federal government to protect property,public health, welfare, or safety in the event of a disaster or emergency, or to reduce the threat of a disaster or emergency. "Threat and hazard identification and risk assessment"means an assessment process that helps communities understand risks and how to address those risks. "Warning point"means receiving and disseminating emergency and non-emergency information to and from State partners, first responders, and local governments in a timely manner." Section 7-1-2. Agency oreanization; appointments. The civil defense agency shall perform emergencygement functions pursuant to chapter 127A and chapter 128A of the Hawaii Revised Statutes and shall consist of the following: (1) The head of the civil defense agency shall be the mayor of the County. (2) A full-time civil defense administrator shall be responsible for administrative functions and emergency management operations during non-emergency periods and, within the delegated scope of authority, have all the duties and responsibilities of the maw during declared emergencies. The administrator shall be hired accordingto o the provisions of chapter 76 of the Hawaii Revised Statutes. (3) Sufficient staff to carry out the duties and functions of thea enc. 3 The employees and resources of all County departments agencies and offices in emergency management activities as needed. (5) Non-governmental organizations offering; emergency management services pursuant to an agreement with the County, or accepted by the County when no agreement exists Section 7-1-3. Duties; functions. The civil defense agency shall: (1) Organize, administer, and operationalize a comprehensive emergency management program that includes prevention protection mitigation response and recovery operations within the County1 (2) Facilitate development and maintenance of all plans necessary to ensure preparedness emergency management, hazard mitigation and continuity of operations (3) Maintain liaison with all State and Federal emergency management agencies and ensure necessary systems are established to receive State and Federal funds during times of disaster or emergency, (4) Manage the emergency operations center as the central coordinating entity during major disasters or emergencies; (5) Monitor and advise the mayor of any and all threats emergencies or disasters that pose a risk to the lives and safety of residents and visitors, and propose solutions for how to best protect people and property from danger,• (6) Coordinate with all alerting organizations on issuance of emergency public information and warnings:, (7) Establish a warning point that will be a primary means of coordination with alerting organizations and of issuing emergency public information and that will operate twenty-four hour-a-day and seven days-a-week; (8)Manage the County's land mobile radio system to ensure system capability, responsiveness, and capacity (9) Enter into memorandums of agreement with other jurisdictions and non-governmental organizations to provide aid and assistance to residents and visitors during emergency response and short-term recovery (10) Educate the public through community engagement as to the actions necessary and required to prepare and protect persons and property in the event of a natural or man- made disaster or emergency event; and (11) Conduct training and exercises to ensure the efficient mobilization and coordination of emergency anagement forces and familiarize residents and organizations with emergency management plans, procedures and operations. Section 7-1-4. Emergency management plans. (a) The following comprehensive emergency management plans shall be developed and maintained by the civil defense agency to ensure coordination in all phases of emergency management and filed with the County council: (1) The comprehensive emergency management plan shall be developed by March 1 2023 and reviewed annually. (2) The threat and hazard identification and risk assessment shall be completed in April every three years, with a stakeholder preparedness review conducted annually. 4 (3) The integrated preparedness plan shall be prepared in June every three years and be informed by the threat and hazard identification and risk assessment. (4) The multi-hazard mitigation plan shall be developed ever f� evee� by mitigation work group with representation from the civil defense agency, planning department and department of research and development, with additional representatives added on a temporary basis to address specific actions or issues. (b) The administrator shall report to the County council in August of every year, summarizing the previous fiscal year's actions to implement and update the various comprehensive emergency management plans. Section 7-1-5. Utilization of existing government services. (a) Each County department, agency, and office shall cooperate with and extend its services materials, and facilities to the civil defense agencyaquested by the mayor. (b) Each County department, agency, and office shall designate in writing no later than December 31 of each year, one representative and two alternates to serve as liaisons to the civil defense agency. Liaisons shall have extensive knowledge of and delegated authority to assign departmental capabilities and available resources during a disaster or emergency event. (c) To facilitate emergency preparedness planning for the County of Hawaii all County departments, agencies, and offices shall prepare and periodically revise a continuily of operations plan pursuant to directions and technical assistance provided by the civil defense agency. The maintenance of the continuity of operations plan shall be the responsibility of appointed liaisons. Section 7-1-6. Emergency powers. (a) The power to declare a state of disaster or emergency by proclamation promulgate emergency rules having the force and effect of law, and make allotments of funds appropriated or available for emergency management is conferred on the mayor. (b) All County employees are considered emergency workers during a declared emergency. (c) All Count employees,mployees, accepted volunteers, and non-governmental organization workers providing services in coordination with the County, except in cases of willful misconduct gross negligence, or recklessness shall not be liable for death and injury to persons or rp operty damage as an act or omission in the course of employment of duties. (d) The mayor may exercise the following additional powers in an emergency period: (1) Suspend any County law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with emergency functions, (2) Shut off water mains, gas mains electrical power connections or suspend other services; (3) To the extent permitted by or under Federal law, suspend electronic media transmission,• and (4) Direct and control the mandatory evacuation of the civilian population." 5 I SECTION 4. Chapter 7, article 2, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by repealing sections 7-5 through 7-7: [Seetion 7 5. Bee seaftlepossibili ofdisastefsofgfeatdest. et.—I--- ---suiting from I tsunami, flood,volcanic eruptions, 7 fire, of 9 At-fifom-enemy 9 action,sabotage of other hostile peace,and in order to instffe the orderly evacuation of pefs afid pfopeftly and to pfateet the public health, 9 and pfesei-,,e the lives and property 0. -e people-44he County, it is neeessary to regulate certain aetivifies. Stn„tion 7 6. Definitions. As tfsed in this nrtill'. (1) "Au-thefized person"meatts any: (a) Police offieer of County of State employee assigned to disaster duty dtifing att imperidi .,r disaster w disasters—, 1111 n, (lam) T jp+',atiov nl ( ttn l (e) Civil defense agen-.----a — iacx, ` olunteers, of designees. "Disaster" me---.-.-- usually eatastrophie in 9 nature, food,pefsofts are helplessness and suffering and as a result may be in need o clothing, shelter,medieal 9 of other necessities of 9 alid the governor of State of the mayor of the County has deelafed a state of disaster of eraefgette�- GG disaster" 7 area and the eivil defense ageney has issued a waffting that the inhabitants of the are should evacuate from the threa4ened n The power to deelafe a state of disaster of emetgettey is eonfeffed ort the 77 SECTION 5. Chapter 7, article 2, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by renumbering sections 7-9, 7-10, 7-11, and 7-12 as follows: 1. Section 7-9 shall become section 7-2-1 (Loitering during tsunami warning); 2. Section 7-10 shall become section 7-2-2 (Loitering and refusal to evacuate during impending disaster or disaster); 3. Section 7-11 shall become section 7-2-4 (Penalty); and 4. Section 7-12 shall become section 7-2-3 (Unauthorized parking in designated area prohibited). SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 7. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or 6 applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 8. Upon passage of this ordinance, the County Clerk may rearrange, number and renumber sections and parts of sections, and change reference numbers within this chapter to agree with renumbered articles, divisions, sections, and parts of sections. SECTION 9. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAPI Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 911.2 7 w