Sec. 7-36. - Policy and purpose.

(a)

The city emergency operations planning and management shall, to the extent possible, predetermine actions to be taken during emergency conditions by the city government. The emergency operations plan (EOP) shall be intended for the use by city officials, department heads and employees, and by officials of county and state governments and the citizens of the city. The plan shall address the rules and procedures for coordinating public and private organizations, including but not limited to the following:

(1)

Prevent disasters, to the extent possible.

(2)

Reduce the vulnerability of city residents to any disaster.

(3)

Establish plans for protecting citizens in the city.

(4)

Respond effectively to actual disaster occurrences.

(5)

Maintain continuity of government before, during, and following emergency conditions.

(6)

Assist with restoration and recovery from disasters.

(b)

To those ends, and because of existing and increasing possibilities of occurrence of disasters or emergencies, both natural and man-made, the office of public safety shall administer the emergency planning and operations and coordinate the same through the office of emergency management and an emergency management coordinator, who shall report to the director of public safety.

(Ord. No. 92-054(sub 1), § 2(20-50(a)), 7-2-92)

Sec. 7-37. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Emergency planning and operations means the preparation for the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by hazardous substance incident, or by fire, flood or other causes upon the mayor's declaration that an emergency exists. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, air-raid warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. The emergency operations planning and management shall include, but not be limited to:

(1)

Natural disasters.

(2)

Hazardous materials in transit.

(3)

Hazardous materials not in transit regulated by the federal government.

(4)

State and city hazardous materials not in transit regulated by the division of public health.

(5)

Flammable materials and explosives, whether in transit or not.

(6)

Nuclear disasters.

(7)

Civil disturbances.

(8)

Civil defense, which shall be conducted in accordance with applicable provisions of 20 Del. C. ch. 31 (20 Del. C. § 3101 et seq.).

(Ord. No. 92-054(sub 1), § 2(20-50(b)), 7-2-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 7-38. - Emergency operations plan.

The city emergency operations plan may include but shall not be limited to the following elements and provisions:

(1)

The basic plan.

(2)

Emergency warning systems.

(3)

Communications plan.

(4)

Public information.

(5)

Damage assessment.

(6)

Police service/law enforcement.

(7)

Fire and rescue service.

(8)

Health and medical services.

(9)

Evacuation.

(10)

Shelter/reception and care.

(11)

Radiological protection plan.

(12)

Public works and engineering services.

(13)

Parks and recreation.

(14)

Port of Wilmington.

(15)

Resource management.

(16)

Natural hazards:

a.

Winter weather emergency.

b.

Tornado preparedness.

c.

Earthquake preparedness.

d.

Flood and flash flood preparedness.

e.

Drought preparedness.

f.

Hurricane preparedness.

g.

Lightning safety preparedness.

(17)

Extremely hazardous substance and hazardous material plan (SARA Title III, Local Emergency Planning Committee).

(18)

Finance/office of management and budget.

(19)

Emergency operations center (EOC) standard operating procedures (SOP's).

(20)

Alerting list (city government and agencies).

(Ord. No. 92-054(sub 1), § 2(20-50(c)), 7-2-92)

Sec. 7-39. - Proclamation.

In addition to the powers conferred upon him by the city charter, the mayor may after finding that a public disorder, disaster or emergency exists within the city or any part thereof which affects life, health, property or the public peace, proclaim a state of emergency in the area affected. The proclamation shall be in writing and be signed by the mayor and filed with the city clerk. The mayor shall give as much public notice as practical through the public press of the issuance of proclamations pursuant to this article. Any such state of emergency shall cease to exist upon the issuance of a proclamation of the mayor declaring its termination.

(Ord. No. 92-054(sub 1), § 2(20-50(d)), 7-2-92)

Sec. 7-40. - Restrictions which mayor may impose during a state of emergency.

(a)

The mayor, during the existence of a state of emergency, by proclamation, may:

(1)

Prohibit any person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew;

(2)

Limit such number of persons, as designated by the mayor, from assembling or gathering on the public streets, parks or other open areas of the city, either public or private;

(3)

Prohibit the manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

(4)

Prohibit the transporting, possessing or use of gasoline, kerosene or combustible, flammable or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5)

Prohibit the possession of firearms, or any other deadly weapon, as provided in 11 Del. C., by a person in a place other than that person's place of residence or business, except for law enforcement officers;

(6)

Prohibit the sale, purchase or dispensing of alcoholic beverages;

(7)

Prohibit the sale, purchase or dispensing of other commodities or goods, as designated by the mayor;

(8)

Prohibit the use of certain streets, highways or public ways in the city by the public; and

(9)

Prohibit such other activities as the mayor reasonably believes should be prohibited in order to maintain life, health, property or the public peace.

(b)

In imposing the restrictions provided for in this section, the mayor may impose them for such times, upon such conditions, with such exceptions and in such areas of the city as he from time-to-time deems it necessary to do by proclamation.

(Ord. No. 92-054(sub 1), § 2(20-50(e)), 7-2-92)

Sec. 7-41. - Duration of state of emergency.

The state of emergency declared by the mayor shall exist for the period set forth in the proclamation or declaration, but not in excess of 61 days. However, the state of emergency may be extended for additional periods of 61 days. The mayor may terminate the state of emergency or modify its provisions prior to the time set forth in his declaration or proclamation.

(Code 1968, § 20-51)

Sec. 7-42. - Civil defense.

In connection with the emergency planning of the city, the mayor shall be the director of civil defense in accordance with and for the purpose of administering the applicable provisions of 20 Del. C. ch. 31 (20 Del. C. § 3101 et seq.). In connection therewith, the city, through its emergency management office, may:

(1)

Appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil defense purposes.

(2)

Provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster, resulting from enemy attack.

(3)

Direct and coordinate the development of civil defense plans and programs in accordance with the policies and plans set by the federal and state division of emergency planning and operations.

(4)

Appoint, employ, remove or provide, with or without compensation, wardens, rescue teams, auxiliary fire and police personnel, and other civilian defense workers.

(5)

Establish a primary and one or more secondary emergency operations centers to serve as command posts during an emergency.

(6)

Assign and make available for duty the employees, property or equipment of the city relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction and similar items or services for civil defense purposes and within or outside of the city limits.

(7)

In the event of enemy attack, waive procedures and formalities otherwise required by law pertaining to the:

a.

Performance of public work;

b.

Entering into contracts;

c.

Incurring of obligations;

d.

Employment of permanent and temporary workers;

e.

Utilization of volunteer workers;

f.

Rental of equipment;

g.

Purchase and distribution with or without compensation of supplies; materials and facilities; and

h.

Appropriation and expenditure of public funds.

(Ord. No. 92-054(sub 1), § 2(20-50(f)), 7-2-92)

Sec. 7-43. - Conflict with other laws.

(a)

Whenever the restrictions imposed pursuant to this article are more restrictive than are required by any other statute, ordinance or regulation, the provisions of the restrictions imposed pursuant to this article shall govern.

(b)

Whenever the restrictions of any other statute, ordinance or regulations are more restrictive than the restrictions imposed pursuant to this article, such ordinance or regulations shall govern.

(Ord. No. 92-054(sub 1), § 2(20-50(g)), 7-2-92)

Sec. 7-44. - Penalty for violation of prohibitions established by mayor.

Any person who violates any prohibitions established by the mayor pursuant to a declaration or proclamation of emergency under the authority of this article shall be subject to punishment as provided in section 1-5. Any violation of a prohibition in any declaration or proclamation of emergency shall constitute a violation of this article.

(Ord. No. 92-054(sub 1), § 2(20-52), 7-2-92)

Secs. 7-45—7-60. - Reserved.