§ 34-2. Emergency management and response powers.

(a)

Declaration of emergency.

(1)

Grant of authority. In the event of an actual or threatened occurrence of a disaster or emergency, which may result in the large-scale loss of life, injury, property damage or destruction or in the major disruption of routine community affairs, business or governmental operations in the county and which is of sufficient severity and magnitude to warrant extraordinary assistance by federal, state and local departments and agencies to supplement the efforts of available public and private resources, the chairman of the board of commissioners may declare an emergency for the unincorporated area of the county and including municipalities upon execution of an intergovernmental agreement(s).

(2)

Request for state assistance. Consistent with a declaration of emergency, the chairman may request the governor to provide assistance, provided that the disaster or emergency is beyond the capacity of the county to meet adequately and state assistance is necessary to supplement local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster.

(3)

Continuance. The declaration of emergency shall continue until the chairman finds that emergency conditions no longer exist, at which time, the chairman shall execute and file with the clerk of the board of commissioners a document marking the end of the state of emergency. No state of emergency shall continue for longer than 30 days, unless renewed by the chairman. The board of commissioners may, by resolution, end a state of emergency at any time.

(4)

Effect of declaration of emergency.

a.

Activation of emergency operations plan. A declaration of emergency shall automatically activate the county emergency operations plan and shall be authority for the deployment of personnel and use of any forces to which the plan applies and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled or arranged to be made available pursuant to the Georgia Emergency Management Act or any other laws applicable to emergencies or disasters.

1.

The CEMA director shall have the legal authority to exercise the powers and discharge the duties conferred upon the emergency management agency, including the implementation of the emergency operations plan, coordination of the emergency responses of public and private agencies and organizations, coordination of recovery efforts with state and federal officials, and inspection of emergency or disaster sites.

2.

In responding and conducting necessary and appropriate investigations, the director or his/her designee is authorized to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting sites involved with emergency management functions.

3.

No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper or interfere with any such representative while that individual is in the process of carrying out his or her official duties.

b.

Emergency powers. Following a declaration of emergency and during the continuance of such state of emergency, the chairman is authorized to implement local emergency measures to protect life and property or to bring the emergency situation under control. In exercising this authority, the chairman may cause to become effective any of the following sections of this chapter as appropriate: sections 34-5, 34-6 and 34-7. If any of these sections is included in a declaration of emergency, the same shall be filed in the office of the clerk of the board of commissioners and shall be in effect until the declaration of emergency has terminated.

c.

Authority to waive procedures and fees. Pursuant to a declaration of emergency, the board of commissioners is authorized to cause to be effective any of the subsections of section 34-4 of this chapter as appropriate. The implementation of such subsections shall be filed in the office of the clerk of the board of commissioners.

d.

Additional emergency powers. The chairman of the board of commissioners shall have and may exercise for such period as the declared emergency exists or continues, the following additional emergency powers:

1.

To direct and compel the evacuation of all or part of the population from any stricken or threatened area, for the preservation of life or other disaster mitigation, response or recovery;

2.

To prescribe routes, modes of transportation and destinations in connection with evacuation;

3.

To suspend or limit the sale, dispensing or transportation of alcoholic beverages;

4.

To make provision for the availability and use of temporary emergency housing, emergency shelters and/or emergency medical shelters;

5.

To transfer the direction, personnel or functions of any county departments and agencies or units thereof for the purpose of performing or facilitating emergency services;

6.

To utilize all available resources of the county and subordinate agencies over which the county has budgetary control as reasonably necessary to cope with the emergency or disaster;

7.

To commandeer or utilize public or private property when necessary to cope with the emergency or disaster or when there is compelling necessity for the protection of lives, health and welfare; and/or the property of citizens;

8.

To suspend any law, code provision or regulation prescribing the procedures for conduct of county business, or the orders, rules or regulations of any county agency, if strict compliance with any ordinance, resolution, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency or disaster, provided that such suspension shall provide for the minimum deviation from the requirements under the circumstances and further provided that, when practicable, specialists shall be assigned to avoid adverse effects resulting from such suspension;

9.

To provide welfare benefits to citizens upon execution of an intergovernmental agreement for grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in cases where the individuals or families are unable to meet the expenses or needs from other means, provided that such grants are authorized only when matching state or federal funds are available for such purposes;

10.

To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population, including individuals with household pets and service animals prior to, during, and following a major disaster or emergency.

(b)

Form of declaration. Upon the declaration of emergency, an official "Declaration of Emergency," in substantially the same form set forth below, shall be signed and filed in the office of the clerk of the county and shall be communicated to the citizens of the affected area using the most effective and efficient means available. The declaration shall state the nature of the emergency or disaster, the conditions that require the declaration and any sections of this chapter which shall be in effect.

DECLARATION OF EMERGENCY

WHEREAS, Cobb County, Georgia has experienced an event of critical significance as a result of [DESCRIPTION OF EVENT] on [DATE]; and

WHEREAS, in the judgment of the Chairman of the Cobb County Board of Commissioners, with advice from the Cobb Emergency Management Agency (CEMA), there exist emergency circumstances located in [DESCRIBE GEOGRAPHIC LOCATION] requiring extraordinary and immediate corrective actions for the protection of the health, safety and welfare of the citizens of Cobb County, including individuals with household pets and service animals; and

WHEREAS, to prevent or minimize injury to people and damage to property resulting from this event;

NOW, THEREFORE, pursuant to the authority vested in me by local and state law;

IT IS HEREBY DECLARED that a local state of emergency exists and shall continue until the conditions requiring this declaration are abated.

WHEREFORE, IT IS ORDERED:

(1)

That the Cobb County Emergency Management Agency activate the Emergency Operations Plan;

(2)

That the following sections of the Official Code of Cobb County, Georgia be implemented : [If deemed appropriate, choose from the following: Section 34-5, Overcharging; Section 34-6, Registration of Building and Repair Services; Section 34-7, Closed or Restricted Areas and Curfews] ; and

(3)

That the following measures also be implemented: [If deemed appropriate, select items from Section 34-2(a)(4)c, d or such other measures as appropriate.]

ENTERED at [TIME] on [DATE].
[Signed]
Chairman, Cobb County Board of Commissioners

(c)

Emergency powers of municipalities.

(1)

[Municipalities.] Municipalities within the county are authorized to exercise emergency governmental powers within their municipal boundaries.

(2)

Contracts with municipalities. In addition to the normal agreements embodied in the county's emergency operations plan for mutual emergency assistance, the board of commissioners may contract with any municipality for the administration of an emergency response program.

(Ord. of 2-27-07; Amd. of 2-23-10; Amd. of 2-26-13)