Bylaw No. 1142-2002
|3 Emergency Management Organization established|
|4 Emergency Planning Committee - duties and responsibilities|
|5 Implementation of local emergency plan|
|6 State of local emergency declaration|
|8 Bylaw repealed|
The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
2 In this Bylaw, unless the context otherwise requires:
"Act" means the Emergency Program Act;
"City" means all of the area within the boundaries of the City of Abbotsford;
"Emergency Management Coordinator" means the person appointed under Section 3 (c) as head of the Emergency Management Organization;
"Emergency Management Organization" means the Emergency Planning Committee, Emergency Management Coordinator and such other persons appointed and functional groups established, which are charged with emergency preparedness, response and recovery measures;
"Council" means the Abbotsford City Council;
"Declaration of a State of Local Emergency" means a declaration of Council or the Mayor that an emergency exists or is imminent in the City;
"Disaster" means a calamity that:
"Emergency" means a present or imminent event that:
"Minister" means that member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of the Act;
This Bylaw shall be construed in accordance with the principles contained in, and shall be subject to, the Emergency Program Act, RSBC 1996 Chapter 111, and its regulations.
(ii) enter into agreements with regional districts or other local governments for the purpose of emergency assistance or the formulation of coordinated emergency preparedness, response or recovery; and
(h) procedures to establish the priorities to restore essential services provided by the City, or to recommend priorities to other service providers, which are interrupted during an emergency or disaster.
5 The Council, Mayor, or Emergency Management Coordinator may, whether or not a state of local emergency has been declared, cause a local emergency plan or plans to be implemented if, in their opinion, an emergency exists or appears imminent, or a disaster has occurred or threatens the City.
(i) The Council by Bylaw or resolution, or the Mayor by order, may declare a state of local emergency to deal with an emergency or disaster in any part of the City where the Council or the Mayor is satisfied that an emergency exists or is imminent, and such Bylaw, resolution or order shall identify the nature and location of the emergency.
(ii) Before making a declaration of a state of local emergency, the Mayor shall use best efforts to obtain the consent of the other members of Council to the declaration and shall, as soon as practical after making such a declaration, convene a Council meeting to assist in directing its response to the emergency.
(ii) cause the details of the declaration, including the powers being implemented, to be published by means of communication, which the Council or Mayor considers most likely to make the contents of the declaration known to the majority of the population of the affected area.
(c) After a declaration of a state of local emergency is made under Section 6(a) in respect of all or any part of the City, and for the duration of the state of local emergency, the Council may do any or all acts and implement procedures that the Council considers necessary to prevent, respond to, or alleviate the affects of an emergency or a disaster, including any or all of the following:
(iii) authorize or require any person to render assistance of a type that the person is qualified to provide or that otherwise is, or may be required to prevent, respond to, or alleviate the affects of an emergency or disaster;
(v) provide for the restoration of essential facilities and the distribution of essential supplies, and provide, maintain and coordinate emergency medical, welfare and other essential services in the City;
(vi) cause the evacuation of persons and the removal of livestock, animals and personal property from any part of the City, which is or may be affected by an emergency or disaster and make arrangements for the adequate care and protection of those persons, livestock, animals and personal property;
(vii) authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program, or if otherwise considered by the Council or Mayor to be necessary to prevent, respond to or alleviate the effects of an emergency or disaster;
(viii) cause the demolition or removal of any trees, structures or crops if the demolition or removal is considered by the Council or Mayor to be necessary or appropriate in order to prevent, respond to or alleviate the effects of an emergency or disaster.
(x) procure, fix prices for or ration food, clothing, fuel, equipment, medical supplies or other essential supplies and the use of any property, services, resources or equipment within any part of the City for the duration of the local state of emergency; and
(xi) authorize the Emergency Management Coordinator to exercise, in any part of the City affected by a declaration of a local state of emergency, those specific powers listed in this Section and assumed by the Council or Mayor.
(e) Immediately after the termination of a state of local emergency declaration, Council shall cause the details of the termination to be published by a means of communication that Council considers most likely to make the contents of the termination or the facts of the termination known to the majority of the population of the affected area.
7 (a) No person, including, without limitation, the Council, the Mayor, members of the Emergency Management Organization, employees of the City of Abbotsford, volunteers, and any other persons appointed, authorized or requested to carry out measures relating to emergencies or disasters, is liable for any loss, cost, expense, damages or injury to persons or property that results from:
(i) the person in good faith doing, or omitting to do, any act that the person is appointed, authorized or required to do under this Bylaw, unless, in doing or omitting to do the act, the person was grossly negligent; or
(ii) any acts done or omitted to be done by one or more of the persons who were, under this Bylaw, appointed, authorized or required by the person to do the acts, unless in appointing, authorizing or requiring those persons to do the acts, the person was not acting in good faith.