Fannin County residence listen up - new EMA ordinance - possible gun grab

[jmullinix]

My 2 minutes of fame.

http://fannin.fetchyournews.com/archives/2782-County-Scraps-Unwanted-Ordinance.html

 

[Creeper]

The scary part is it only takes one rogue liberal county to test it.

 

[jmullinix]

Hey all,

Here is the latest version of our ordinance. This will be read at our commission meetings on September 25 and October 9 and will be voted on at the meeting on the 9th. I am posting it here for two reasons. One, to get any additional input from this group and two, as an example for you to present to your county commissions.

Thanks for the help that I have gotten from these forums on this. Democracy was truly at work on this.

EmergencyManagement Ordinance


SECTION I –DEFINITIONS
“Emergency” meansany natural or man- made event requiring the activation of the FanninCounty Emergency Operations Plan.
“Disaster” meansany natural, technological or civil emergency that causes or has thepotential to cause damage of sufficient severity and magnitude toresult in a declaration of a state of emergency declared by TheFannin County Board of Commissioners, the Governor or the Presidentof the United States.
“State EmergencyManagement Director” means the person appointed by the Governor tohead the Georgia Emergency Management Agency.
“Local EmergencyManagement Director” means the person nominated by the FanninCounty Chairman, answering to the Fannin County Chairman andappointed by the State Emergency Management Director to implement theFannin County Local Emergency Operations Plan.
“EmergencyManagement” means the preparation for carrying out of all emergencyfunctions other than functions which military forces are primarilyresponsible to prevent, minimize, and repair injury and damageresulting from emergencies, energy emergencies, disasters of man-madeor natural origin. These functions include, without limitation,fire-fighting services, sheriff’s services, medical, healthservices, rescue, engineering, warning services, communications,defense from radiological, chemical and other special weapons,evacuation of persons from stricken areas, emergency welfareservices, emergency transportation, [nuclear power] plant protection,temporary restoration of public service utility services, and otherfunctions related to civilian protection, together with all otheractivities necessary or incidental to the preparation for thecarrying out of the foregoing functions. (OCGAGeorgia Emergency Management Act of 1981, As Amended December 1992,Chapter 3, Article 1, 38-3-3.)
SECTION II – LOCALORGANIZATION FOR EMERGENCY MANAGEMENT
Fannin County EmergencyManagement Agency has been established. The chairperson of the FanninCounty Board Commissioners shall nominate, for appointment by thestate emergency management director, a Director of the Fannin CountyEmergency Management Agency. Upon appointment, the director shallhave responsibility for the organization for emergency management,subject to the direction and control of the Chairman of the Board ofCommissioners and shall serve at the pleasure of the Chairman of theBoard of Commissioners. When appointed, the Fannin County LocalEmergency Management Agency Director is charged with the followingduties:

1. Represent the Fannin County Governing Officials of the county on matters pertaining to emergency management.
   
2. Assist Governing Officials in organizing county departments for emergency operations.
   
3. Reassess, as is warranted, in conjunction with county and city departments, the Fannin County Emergency Operations Plan for emergency functions. Such plan will be consistent with the Georgia Emergency Operations Plan and shall be submitted to the governing officials of Fannin County for approval, and thence to the Georgia Emergency Management Agency for approval.
   
4. Maintain the Emergency Management Agency and carry out the day-today administration of the Fannin County Emergency Management program, including the submission of required reports, to the Georgia Emergency Management Agency.
   
5. Submit reports as required by Fannin County Governmental Officials in keeping with good management practices, e.g., financial, daily activities, etc.
   
6. Obtain, with the authority of the Fannin County Governing Officials, a facility to be used as the Fannin County Emergency Operations Center.
   
7. Coordinate the activities of the Fannin County Emergency Operating Staff during periods of emergency, and under the supervision of Fannin County Governing Officials.

SECTIONIII – FANNIN COUNTY EMERGENCY MANAGEMENT AGENCY
TheFannin County Emergency Management Agency was established aroundexisting county departments. Heads of county departments areresponsible for developing appropriate annexes and standard operationprocedures (SOP’s) for inclusion in the Emergency Operations Plan(EOP) for their assigned emergency functions. Such annexes and/orSOP’s will be submitted to the Emergency Management Director forinclusion in the local EOP for submission to appropriate localelected officials’ approval. Such Annexes and/or SOPs, will beupdated annually or when necessary and submitted to the EmergencyManagement Director for appropriate action.

 

[jmullinix]

And here is the rest of it.

SECTION IV – POWERS DURING AN EMERGENCY OR DISASTERIn the event of a man-made or natural disaster or any other emergency which may affect lives and property of the citizens of Fannin County, The Fannin County Board of Commissioners may declare that an emergency or disaster exists and thereafter shall have and may exercise for such periods as such emergency or disaster continues, the following powers:

1. To appropriate and expend funds, execute contracts, and to obtain and distribute equipment, materials, and supplies for emergency management purposes.
   
2. To provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency or disaster resulting from man-made or natural causes or enemy attack and to direct and coordinate the development of emergency management agencies.
   
3. To appoint, employ, remove, or provide, with or without compensation, chiefs of services, warning personnel, rescue teams, and auxiliary fire personnel and other emergency management workers.
   
4. To establish a primary and one or more secondary control centers to serve as command posts during an emergency or disaster.
   
5. Subject to the order of the Governor, to assign and make available for duty employees, property, or equipment of Fannin County relating to fire-fighting, engineering, rescue, health, medical, and related services, transportation, construction, and similar items or services for emergency management purposes within or outside the physical limits of Fannin County and to coordinate with the Sheriff for law enforcement services.

1. In addition to the heretofore stated powers and authorities, to acquire, temporarily or permanently, by purchase or lease sites required for installation of temporary housing units for disaster victims, and to enter into any necessary arrangements, including purchase of temporary housing units and payments of transportation charges, which are necessary to prepare or equip such site to utilize the housing units. (OCGA, Georgia Emergency Management Act 1981 As Amended Chapter 3, Article 2, 38-3-27.)

(7) Registration of Building and Repair Services
(a) OCGA 38-3-56. Registration of businesses during emergencyNotwithstanding any other provisions of law, the governing authority of any county or municipality may provide by ordinance for a program of emergency registration of all or certain designated classes of businesses doing business in the county or municipality during a state of emergency declared by the Governor. Such ordinance may be implemented for a period during which the state of emergency continues and for a subsequent recovery period of up to three months at the direction of the governing authority. In any county or municipality adopting such an ordinance, no business subject to the ordinance may do business in the county or municipality without first registering in conformance with the provisions of the ordinance.
Before building, constructing, repairing, renovating or making improvements to any real property, including dwellings, homes, buildings, structures or fixtures within an area in the unincorporated area of the county designated in a declared emergency or disaster, any person (other than the owner of the property in question), firm, partnership, corporation or other entity charging for services rendered must register with the Fannin County Land Development secure a building permit that is posted at the work site. Each day any such entity does business in Fannin County without complying with this ordinance constitutes a separate offense.
(b) The cost of the emergency building permit shall be waived. The permit shall only be authorized for repairs.
(8) Code Enforcement.
Upon declaration of a state of emergency or disaster by the Governor or the Chairman of the Board of Commissioners, the Board of Commissioners may temporarily suspend the enforcement of the ordinances of the county, or any portion thereof, where the emergency is of such nature that immediate action outside the code is required, such suspension is consistent with the protection of the public health, safety and welfare, and such suspension is not inconsistent with any federal or state statutes or regulations. The temporary suspension of ordinances for the purposes of emergency or disaster will not include the suspension of this ordinance.
(9) Overcharging Prohibited.
In order to preserve, protect, or sustain the life, health, or safety of persons or their property, it shall be unlawful during the duration of the state of emergency or subsequent recovery period in which the county has been designated as a disaster area for any person or business located or doing business in the county to overcharge for any goods, materials, services or housing sold within the county.
O.C.G.A.10-1-393.4

Pricing practices during a state of emergency.
(a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the Governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase
in the cost of transporting the goods or services into the area.
(b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency.



(10) Entry onto Private Property Prohibited
It is prohibited for any director, officer, staff or authorized volunteer of the Fannin County Emergency Management organization to enter on the private property of a citizen or enter into the private dwelling of a citizen to assess damage or any other purpose without having first obtained the permission of said owner.
(11) Life / Safety Issue
Notwithstanding the provisions of Section IV (10), any director, officer, staff or authorized volunteer of the Fannin County Emergency Management organization may enter upon private property or into a private dwelling to complete such rescue and safety procedures as might be required to save a life; render first aid or otherwise prevent the loss of property.
(12) Confiscation of Private Property Prohibited
It is prohibited for any director, officer, staff or authorized volunteer of the Fannin County Emergency Management organization to enter on the private property of a citizen or enter into the private dwelling of a citizen and obtain any personal property located thereon or therein without having first obtained the permission of said owner.
(13) Closed or Restricted Areas and Curfews during Emergency
(a) To preserve, protect or sustain the life, health, welfare and safety of persons, or their property, within a designated area under a declaration of emergency, it shall be unlawful for any person to travel, loiter, wander or stroll in or upon the public streets, highways, roads, lanes, parks or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any other public place during a declared emergency between hours specified by the Chairman until the curfew is lifted.
(b) To promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during an emergency, the Chairman shall have discretion to impose reentry restrictions on certain public areas. The Chairman shall exercise such discretion in accordance with the Fannin County Emergency Operations Plan, which shall be followed during emergencies.
(c) The provisions of this section shall not apply to persons acting in the following capacities:
(i) Authorized and essential law enforcement personnel;
(ii) Authorized and essential health care providers;
(iii) Authorized National Guard or federal military personnel;
(iv) Authorized and essential firefighters;
(v) Authorized and essential emergency response personnel;
(vi) Authorized and essential personnel or volunteers working with or through the county emergency management agency (EMA);
(vii) Authorized and essential utility repair crews;
(viii) Citizens seeking to restore order to their homes or businesses while on their own property or place of business;
(ix) Other authorized and essential persons as designated on a list compiled by EMA, the Director of Public Safety and/or the Sheriff of the county.
(d) Enforceability. This section shall be enforced by officers of the law enforcement personnel approved to provide aid and assistance during the emergency. Nothing contained in this section shall prohibit a law enforcement officer from bringing other charges under state law.
(e) Effective Date. This section shall become effective only upon the signing of a declaration of emergency, stating this section is in effect.

SECTIONV – VOLUNTEERS
Allpersons, other than officers and employees of Fannin County,performing emergency functions pursuant to this ordinance, shallserve without compensation; however, while engaged in such emergencyfunctions, duly assigned volunteers shall have the same immunities ascounty officers and employees. Immunity doesnot apply in cases of willful misconduct, gross negligence or badfaith. (Chapter 3, Article 2, 38-3-35)



SECTIONVI – PENALTIES
ThisOrdinance shall be strictly adhered to as specified.
To the extent that anyprovision of this ordinance is in conflict with the United StatesConstitution, the Constitution of the State of Georgia, federal orstate law, the same shall control over the within ordinance.
Anycounty employee found to be in violation of this Order shall besubject to immediate termination.
Anyperson violating any provision of this chapter, rule, order orregulation made pursuant to this chapter shall, upon convictionthereof be punished as a misdemeanor.

 

[mountainpass]

JMullinix, That is far and away better than the original. Heck it even appears that yall actually considered the citizen's rights.

 

[Creeper]

It seems like they're trying to pass this crap awfully hard since it pops up in here often. much like that sorry ass Obozocare, if you just keep trying sooner or later you'll get it.

 

[jmullinix]

It seems like they're trying to pass this crap awfully hard since it pops up in here often. much like that sorry ass Obozocare, if you just keep trying sooner or later you'll get it.

We really don't have much choice. The state of Georgia, specifically GEMA, has said if your county does not have an EMA ordinance in place, you are not eligible for relief assistance from GEMA or FEMA during or after a declared emergency. In other words, your county's emergency aid insurance policy has been cancelled. I am no fan of additional laws but I don't think our county's leaders would not be representing us correctly if they decided not to implement an EMA ordinance.

Every county in Georgia is required to have an EMA ordinance in place. I think everyone should take the time to read the ordinance that is in place in your county. Counties all over the state are revisiting their EMA ordinances because of how this one in Fannin County was handled. I am a fairly old f*** and this is one of the few times that I have seen true democracy, where the people had a say, work. My hat is off to my county's Commissioners for involving the people in the writing of this document.