Chesapeake I R G I N I A July 7 2015 City Office of the City Attorney TO Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council Re AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED ADMINISTRATION ARTICLE VI ENTITLED EMERGENCY SERVICES AGENCY SECTIONS 2 621 2627 THEREOF TO REFLECT AMENDMENTS TO THE VIRGINIA CODE CONCERNING EMERGENCY MANAGEMENT AND POST DISASTER ANTIPRICE GOUGING Please find enclosed proposed amendments to Article VI Chapter 2 of the Chesapeake City Code that are necessary to update provisions relating to emergency management in accordance with state law The amendments provide definitions of key terms such as disaster and emergency and change the terminology emergency services to emergency management Substantive changes include In the event the Governor declares a state of emergency in Chesapeake the Director of Emergency Management is expressly authorized to restrict allocate and regulate the use sale production and distribution of food fuels clothing and other goods and services Authorizes the Director of Emergency Management to review the emergency plans of nursing homes assisted living facilities adult day care centers and child day care centers that are located in the City Makes it unlawful for any supplier of services to charge an unconscionable price within the area for which a state of emergency is declared and clarifies that actual sales at the increased price are not necessary to be considered unconscionable Makes violations of the price gouging provisions punishable through civil penalties of up to1000 per violation or in the case of willful violation up to2500 per violation The adheres to the principles of equal employment opportunity This policy extends to all programs and services supported by the City
Fire Chief Elliott has approved the proposed amendments as indicated in the attached memorandum Please advise if you have any questions or concerns Very trul rs JLP hvm Enclosures qj oc Jan L Proctor City Attorney cc James E Baker City Manager Mary Ann Saunders Assistant to the City Manager Anna M DAntonio Assistant to the City Manager Beverly Pender Acting City Clerk Edmund E Elliott Fire Chief
TO FROM Cl1Sapeake Jan Proctor City Attorney E Elliott Fire Chief Emergency Management Coordinat City of Chesape Chesapeake Fire Department 304 Albemarle Drive 757 3826297 phone 757 3828313 fax DATE June 5 2015 SUBJECT Summation of and Letter of Support for Change to City Ordinance Amending Chapter 2 Of The City Code Entitled Administration Article Vi Entitled Emergency Services Agency Sections 26621 26627 Thereof To Reflect Amendments To The Virginia Code Concerning Emergency Management And Post Disaster AntiPrice Gouging The Fire Department Office of Emergency Management working closely with Assistant City Attorney Kelly Lackey has made recommendations for changes in the City Ordinance Amending Chapter 2 of The City Code Entitled Administration Article Vi Entitled Emergency Services Agency Sections 26 621 26627 thereof to reflect amendments to the Virginia Code concerning emergency management and postdisaster antiprice gouging The changes summarized below will bring Chesapeake ordinances in line with the present language in the Virginia Code Section 44146 16 Virginia Code Section 44 146 16 has a definition of emergency services but not emergency management Kelly Lackey adjusted the definition to reflect this and added the state code definition of emergency and disaster Removes all references to civil defense and as appropriate removes references to emergency services and replaces with emergency management Broadens the definition of emergency management resources beyond city and volunteer resources to include other governmental and nongovernmental groups Adds a definition of deputy director of emergency management to City Code Section 2623 c to align with Virginia Code Section 44146 21 in order to clearly designate that the emergency management coordinator is also the deputy director of emergency management Adds additional verbiage to City Code Section 2624 d to reflect Virginia Code Section 441 146 21 c1 Adds City Code Section 2625 7 to reflect Virginia Code Section 441146 19H Adds additional verbiage to City Code Section 2626 to reflect Virginia Code Section 441 146 19 F Amends City Code Section 2627 to reflect the Virginia Post Disaster Anti Price Gouging Act Virginia Code Section 591 525 et seq also referenced at Virginia Code Section 591 200 which applies in case of a disaster declared by the Governor of Virginia or the President of the United States Retains the lower case spelling of many words and phrases for consistency with other provisions of the City Code If you have any questions about these recommended changes please contact me or Robb Braidwood MFB ndb The adheres to the principles of equal employment opportunity This policy extends to all programs and services supported by the City
AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED ADMINISTRATION ARTICLE VI ENTITLED EMERGENCY SERVICES AGENCY SECTIONS 2621 2 627 THEREOF TO REFLECT AMENDMENTS TO THE VIRGINIA CODE CONCERNING EMERGENCY MANAGEMENT AND POST DISASTER ANTI PRICE GOUGING BE IT ORDAINED by the Council of the Virginia that Chapter 2 of the Chesapeake City Code entitled Administration Sections 2621 2 627 thereof be amended and reordained as follows Article VI EMERGENCY SERVICES MANAGEMENT AGENCY Sec 2621 Purpose In accordance with Code of Virginia 44 146 19 the purpose of this article is to establish an office that will ensure the complete and efficient utilization of all the city s facilities to combat disaster from enemy actions andor other disasters defined in this article and Code of Virginia 44 146 16 and that will ensure preparation for and the carrying out of functions that prevent mitigate ensure risk reduction and recovery from damages that result from disasters Sec 2 622 Definitions a 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 Disaster means i any manmade disaster including any condition following an attack by an enemy or foreign nation upon the United States resulting in substantial damage or property or injury to persons and may be by the use of bombs missiles shell fire nuclear radiological chemical or biological means or other weapons or by overt paramilitary actions terrorism foreign and domestic also any industrial
nuclear or transportation accident explosion conflagration power failure resources shortage or other condition such as sabotage oil spills and other injurious environmental contaminations that threaten or cause damage to property human suffering hardship or loss of life and ii any natural disaster including any hurricane tornado storm flood high water wind driven water tidal wave earthquake drought fire communicable disease of public health threat or other natural catastrophe resulting in damage hardship suffering or possible loss of life Emergency means any occurrence or threat thereof whether natural or man made which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and may involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon citizens or the environment of the city or some clearly defined portion or portions thereof Civil defense Emergency management or services means those activities and measures which are necessary to build sustain and improve the capability to plan and prepare for respond to recover from and mitigate against emergencies or disasters and to plan for risk reduction in the city as set out more fully in 44 146 16 of the Code of Virginia carry out the basic government functions of maintaining the public peace health and safety during an emergency 757 382 6586 2
Civil defense forces Emergency management resources means the equipment goods services facilities and employees of all city departments In addition the term shall may include all volunteer personnel equipment goods services and facilities contributed volunteered or otherwise available from non governmental sources regional entities state and federal entities or other political subdivisions by volunteer persons or agencies b Where used in this article the terms as defined in Code of Virginia 44146 16 shall have those meanings as given therein Sec 2623 Appointment and duties of director of emergency serviees management a The city manager is designated as the emergency management director of cmcrgcncy services b The emergency management director of cmcrgcncy services shall 1 Be the director of all of the emergency management resources civil defense forces of the city 2 Be responsible for the organization administration and operation of civil defense emergency management activities and 3 Exercise the authority granted by this article csj In the absence of the emergency management director the emergency management coordinator shall exercise the same duties as the emergency director and shall serve as the deputy director of emergency services for purposes of City Code Section 2624 The emergency management coordinator shall be appointed pursuant to City Code Section 6625 City Attorney s Office 3
Sec 2624 Declaration of emergency authority of emergency management director a A local emergency may be declared by the emergency management director of emergency services with the consent of the council If the council cannot convene due to the disaster or other exigent circumstances the director or in his absence the deputy director or in the absence of both the director and deputy director any member of the council in the absence of the director may declare the existence of a local disaster subject to confirmation by the council at a regular or special meeting within 14 days of the declaration whichever occurs first The declaration of an emergency shall activate the city s emergency operations plan and authorize the furnishing of aid and assistance thereunder The council when in its judgment all emergency actions have been taken shall take appropriate action to end the declared emergency b During any period when natural or man made disaster threatens or when the city has been struck by such disaster the emergency management director of emergency services may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources Such regulations may include but shall not be limited to the following 1 Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of civil defense forces emergency management resources or to facilitate the mass movement of persons from critical areas within the city City Attorney s Office 2 Regulations pertaining to the movement of persons from areas deemed to be 4
hazardous or vulnerable to disaster 3 Such other regulations necessary to preserve public peace health and safety c The director may in collaboration with other public and private agencies within this state or other states or localities within other states develop or cause to be developed mutual aid arrangements for reciprocal assistance for a disaster too great to be dealt with unassisted Such arrangements shall be consistent with state plans and programs and it shall be the duty of the director to render assistance in accordance with the provisions of such mutual aid arrangements d Whenever the governor has declared a state of emergency in the city the director may under the supervision and control of the governor or the governor s designated representative control restrict allocate or regulate the use sale production and distribution of food fuel clothing and other commodities materials goods services and resource systems within the city and which do not impact systems affecting adjoining political subdivisions enter into contracts and incur obligations necessary to combat such threatened or actual disaster protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster In exercising the powers vested under this section under the supervision and control of the governor the director and council may proceed without regard to time consuming procedures and formalities prescribed by law except mandatory constitutional requirements pertaining to the performance of public work entering into contracts incurring of obligations employment of temporary workers rental of equipment purchase of supplies and materials levying of taxes and appropriation and expenditure of public funds 5
e The director may require emergency services of any city officer or employee If regular city forces are determined inadequate the director may require the services of such other personnel as he or she can obtain that are available including citizen volunteers Sec 2 625 Appointment and duties of coordinator of emergency services management a The city manager shall appoint an emergency management coordinator of cmcrgcncy services who shall be the coordinating official for all civil defense emergency management activities in the city b The emergency management coordinator of cmcrgcncy services shall be responsible to the emergency management director of cmcrgcncy services for all phases of cal defense emergency management activities Under the supervision of the director the coordinator of emergency services shall be responsible for the planning coordination and operation of the civil defense emergency management activity in the city He or she shall maintain liaison with federal and state authorities and authorities of other political subdivisions and private partners to ensure the most effective operation of emergency management the civil defense and the emergency operations plan The emergency management coordinator s e cmcrgcncy service duties shall include but not be limited to the following 1 Coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the city for emergency management civil defer e purposes 2 Develop and coordinate plans for the immediate use of all of the facilities 6
equipment manpower and other emergency management resources of the city for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness such governmental services and public utilities necessary for the public health safety and welfare 3 Negotiate and execute agreements with owners or persons in control of buildings or other property for the use of such buildings as public shelters 4 Through public information preparedness programs educate all stakeholders the public in all civil dcfcnsc emergency management matters pertaining to the protection of life and property 5 Coordinate the activity of all other public and private agencies engaged in any civil dcfcnsc emergency management activity 6 Assume such authority and conduct such activity as the director may direct to promote and execute emergency management the civil dcfcnsc and the emergency operations plan May require the review of and suggest amendments to the emergency plans of nursing homes assisted living facilities adult day care centers and child day care centers that are located in the city Sec 2626 Civil dcfcnsc Emergency management and emergency operations plan a A comprehensive civil dcfcnsc and emergency operations plan shall be prepared and maintained by the emergency management director of emergency services Such plan shall be approved by the council In the preparation of this plan the services equipment facilities and personnel of all departments shall be utilized to 7
the fullest extent An updated emergency management assessment shall be submitted annually to the State Coordinator of Emergency Management b It shall be the duty of all departments to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times Each department shall formulate the operational activity for its service whichhen approved shall may be an annex to and a part of the plan c The plan shall have the effect of law whenever an emergency a disaster has been declared preelaimed The plan shall include but not be limited to responsibilities of all local agencies and shall establish a chain of command Sec 2 627 Price gouging prohibited a caused by a state of cmcrgcncy and that certain retail and wholesale merchants and providers of services may take advantage of the cmcrgcncy by increasing prices for essential goods and scrviccs commonly known as price gouging Where used in this section the terms as defined in 591 526 of the Code of Virginia shall have those meanings as given therein b e or charging for services within the incorporated boundaries of the city is prohibited from selling such goods or charging for scrviccs at prices above pre cmcrgcncy prices However sales of goods or charges for services at prices above pre cmcrgcncy levels shall be allowed if the merchant service provider or contractor produces written documentation of purchasc of the goods or scrviccs at incr ascd cost to the director of cmcrgcncy services for the or his or her 8
designee In that event pricc increases shall only be allowed for the amount of the incr ascd cost to the merchant service provider or contractor while the emergency remains in effect During any time of disaster it shall be unlawful for any supplier to sell lease or license or offer to sell lease or license any necessary goods and services at an unconscionable price within the area for which the state of emergency is declared Actual sales at the increased price shall not be required for the increase to be considered unconscionable In determining whether a price increase is unconscionable the factors enumerated in 591 527 of the Code of Virginia shall be considered c Any person violating any provision of this section shall be guilty of a misdemeanor punishable by a finc of up to 200 or a jail sentence of up to 30 days or both Cervices purchased by the city that falls within the terms of this section Any violation of this section shall constitute a prohibited practice and shall be subject to any and all enforcement provisions including but not limited to injunctive relief andor civil penalties as set out in 591 196 et seq andor 59 1 525 et seq of the Code of Virginia ADOPTED by the Council of the Virginia on this day of 2015 9
APPROVED Mayor ATTEST Clerk of the Council 10