HomeMy WebLinkAboutBIL 195 Draft 03 2020-2022 i
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COUNTY OF HAWAIJ
STATE OF HAWAIJ
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BILL NO. 195
-DRAF"I 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO DISASTER AND EMERGENCY
MANAGEMENT.
E 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 human caused, natural, or technological hazards.
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 IIawai`i County Code 1983 (2416 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amended) is repealed in its entirety and replaced with the following: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 chanter, 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 urin 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 agencyto
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 Idawai`i Revised Statutes.
"Comprehensive emergency management plan"means a plan for managing all lypes 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 may 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 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.
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"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
capability levels based on the core capabilitygets established in the threat hazard
identification risk assessment. The stakeholder preparedness review identifies any change(lost,
sustained, or built, in capabilities from the previous year,r,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 grants)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 emergenc.
"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 a division within the civil defense agency that is charged with
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 organization; appointments.
The civil defense agency shall perform emergencyagement functions pursuant to chapter
127A and chapter 128A of the Hawaii Revised Statutes and shall consist of the following:
(11) The head of the civil defense agency, who shall be the mayor of the County.
(2) A full-time civil defense administrator, who shall be responsible for administrative
functions and emergency gement operations during non-emergency periods and,
within the delegated scope of authority, have all the duties and responsibilities of the
mayor during declared emergencies. The administrator shall be hired according to the
provisions of chapter 76 of the Hawaii Revised Statutes.
(3) Sufficient staff to carry out the duties and functions of the agenc.
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(4) The employees and resources of all County departments agencies and offices in
emergency management activities as needed.
(5) Non-governmental organizations offering emergencygement 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 emergencmanagement
program that includes prevention,protection mitigation response and recovery
operations within the County
(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 emergencygement agencies and ensure
necessary ystems 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 any and all threats, emergencies, or disasters that pose a risk to the lives and
safety of residents and visitors, and advise the ma o�proposed 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-properly 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 management forces and familiarize residents and organizations with
emergency management plans, procedures, and operations.
Section 7-1-4. Emereency 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.
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(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 every five years, by a 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.
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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 agency as requested 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 continuityoof
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 Mowers.
(a) The power to declare a state of disaster or emergency y proclamation promulgate
emergency rules having the force and effect of law, and make allotments of funds
appropriated or available for emergencygement is conferred on the mayor.
(b) All County employees are considered emergency workers during a declared emergency.
(c) All Count employees, 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
property damage as an act or omission in the course of employment of duties.
(d) The ma or 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."
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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:
[Beeause of the possibility of disastefs of great destfttefiveness resulting f�offl Seetion 7 5. Purpose.
tsunami,
voleanie I flood, I of other natufal 9 or-from enemy I
sabotage of othef hostile I
pfopefty and to protect the publie and safiat-y, and preserve the lives a-Rd property
9 health,
County,of the people of the
As used in this artiele�
f)
(iGG_ ^_a-th 'fuel p �li]o11 9means an -
(a) Poliee offieef of Coun4y or- State employee assigned to disaster duty dttfing -an
imp\� ,e�.div.rr di.fir c+n n4ow�. 4
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(b) Nat3iar .2.—.b@rs;
9 I
of designees-.
"Disaster"
means afiy I usually ea4astfophie in I
food, where numbers e
persons afe plunged into helplessness and suffefing and as a fesult may be in fleed E)
I I 7
and the goveffief of the
State or the mayor-of the-Counh,has deelafed a state of disastef of efnergene�-
GGImpending II
mea-Bs- any situ-Atieft where a catastrophe threatens an inhabited
a ea and the eivil defense ageney has issued a wafning that the inhabitants of the are
should e at ffetn the threatened
]II
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
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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:
VIA—
COUNCIL
MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 911.9
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