AN ORDINANCE OF IDAHO COUNTY, STATE OF IDAHO, ESTABLISHING THE IDAHO COUNTY DEPARTMENT OF DISASTER MANAGEMENT; PROVIDING DEFINITIONS; PROVIDING FOR POWERS AND DUTIES OF THE DISASTER MANAGEMENT COORDINATOR; PROVIDING FOR AN ALTERNATE COORDINATOR; PROVIDING FOR OPERATION OF DISASTER MANAGEMENT DEPARTMENT; PROVIDING LIMITATIONS ON MANAGEMENT SHALL HAVE LIABILITY IMMUNITY TO THE EXTENT PROVIDED BY ORDINANCE; PROVIDING THAT EIGHT AGREEMENTS AND DISASTER PLANS PREPARED UNDER PRIOR STATUTE ARE NOT REPELLED UNTIL AMENDED EXCEPT TO THE EXTENT THEY ARE INCONSISTENT WITH THIS ORDINANCE; IN ENACTMENT CLAUSE PROVIDING FOR EFFECTIVE DATE.

THEREFORE, THE ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY:

Section 1: PURPOSE

The Idaho County Department of disaster management is created to administer the disaster management policy of Idaho County pursuant to the requirements of Idaho code § 46-1009. The purposes of this ordinance are to provide the preparation and carrying out of plans for the protection of persons, property, and the environment within the county in the event of the disaster and provide the coordination of the disaster management functions of accounting with all other public agencies and affective private persons, corporations, and organizations.

SECTION 2: DEFINITIONS

BOARD or BOARD OF COMMISSIONERS: as used in this ordinance, means the board of Idaho County commissioners.

DISASTER: As used in this ordinance, means that occurrence or imminent threat of widespread or severe damage, injury or loss of life or property in Idaho County resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion, riot, or hostile military or paramilitary action.

DISASTER MANAGEMENT: As used in this ordinance, the term, “disaster management” shall mean the activities required for preparation, mitigation, response to in recovery from disasters, to the extent of the responsibility of Idaho County as may be provided by law, to prevent, minimize, in repair injury and damage resulting from a disaster.

LOCAL DISASTER EMERGENCY: As used in this ordinance, means a declaration of a local disaster emergency by the Chairman of the Board Commissioners or Board of Commissioners as provided by Idaho Code § 46-1011.

SECTION 3: DEPARTMENT OF DISASTER MANAGEMENT

There is hereby created the Idaho County Department Disaster Management, which is, hereby, designated disaster agency maintained by the Idaho County persuade to title 46, Chapter 10 of the Idaho County Code.

The Department of Disaster Management shall consist of the Disaster Management Coordinator as its head, and such other personal and volunteers as may be appointed or authorized by the Board of Commissioners.

SECTION 4: DISASTER MANAGEMENT COORDINATOR – APPOINTMENT – DUTIES:

The “Disaster Management Coordinator” (hereafter “the Coordinator”) means the administrative head of the Idaho County Department of Disaster Management, and shall be appointed by the Board of Commissioners. The Coordinator shall serve at the will of the Board.

The Coordinator shall, with respect the Idaho County disaster management:

A.                  Coordinate, supervise and direct the effort of the Department of Disaster Management of this County for the accomplishment of the purposes of this ordinance and as may be directed by the Board of Commissioners.

B.                  Coordinate and direct, in conjunction with Idaho County Sheriff, other county elected officials and agencies, the mitigation, preparedness, response and recovery of all county agencies during a disaster. Nothing herein shall be deemed to grant or authorize the Coordinator to exercise any supervisory or command of authority over any deputies or employees of the county public officials, or equipment, goods or materials of said offices, which shall at all times remain under the authority of the direction of the respective public official.

C.                  Represent the Office of Disaster Management in all dealings with public or private agencies pertaining to Disaster Management and act as a lesion between Idaho County and other government and non-government emergency or disaster management and response agencies.

D.                  Coordinate the preparation and implementation of county plans and programs for disaster Management which are consistent with National and State plans and programs.

E.                  Provide updating and testing of the county disaster operations plan and training of county personal for damage assessment, damage survey and radiological monitoring.

F.                  Coordinate all requests from local governments for disaster services.

G.                 With prior approval of the Board of Commissioners, except the services of volunteers for the purposes of disaster management on behalf of Idaho County on such terms and conditions as designated by the Board. The Coordinator may or shall have no authority to employ or contact with any person or entity on behalf of Idaho County except with the express prior authorization of the Board of Commissioners

H. Execute all others duties of Coordinator as may otherwise be designated by the board of Commissioners as may be permitted by law.

However, nothing in this ordinance shall be deemed or construed to:

1.   Interference with the course or her conduct of labor dispute, except the actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to the public health or safety; or

2.  Interfere with the dissemination of news or comment on public affairs; or

3.   Affect or limit the jurisdiction or responsibilities of police forces, shares or their deputies, firefighting forces, local emergency medical service(EMS) agencies licensed by the state Department of health and welfare EMS bureau, years of the Armed Forces of the United States, or of any personal thereof, when on active duty; or

4.   Grant any authority to the Coordinator to take, appropriate or commandeer any public or private property from its rightful owner or professor for the purposes of disaster management.

5.   Adopt or consent to adopt any plans or programs, including state or federal plans or programs, relating to disaster management without separate consideration and approval of the Board of Commissioners.

SECTION 5: ALTERNATE COORDINATOR

In the event the Coordinator is absent or unable to function in that capacity the Chairman or designated member of the Board of Commissioners may serve as or appoint an alternate Coordinator.

SECTION 6: IMMUNITY FROM LIABILITY

Authorized personnel engaged in disaster management activities and persons, agencies, or other entity providing building or premises designated by proper authority as disaster shelter shall have immunity from liability for property damage, bodily injury, or death to the extent provided by the state or federal law.

SECTION 7: SEVERABILITY

If any provision of this ordinance or application there are of to any person of circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without invalid provision or application and to this end of provisions of this ordinance are declared to be severable.

SECTION 8: REPEAL OF CONFLICTING ORDINANCES

This ordinance is an amendment of Idaho County Ordinance No. 46, which was passed on the third day of January, 2005, and was recorded on the fourth day of January, 2005 as Idaho County Instrument #439426. This ordinance is amended supersedes and replaces Ordinance No. 46. Furthermore, Lawrence No. 46 repelled Idaho County Ordinance No.1A (“An Ordinance Relating to Civil Defense”) and it is intended that this adoption of the Disaster Management Services Ordinance as now herein provide it, will continue to repeal of Ordinance No.1A. Furthermore, any disaster mutual aid plans and agreements, rules or regulations or resolutions adopted pursuant to Ordinance No 1A, which was repelled by Ordinance No. 46 on not be affected by such earlier repel unless those specific plans, agreements, rules, regulations, or resolutions shall be amended, modified or superseded by additional Commissioners’ actions or unless they are inconsistent with the adoption of this amended ordinance.

SECTION 9: EFFECTIVE DATE.

This ordinance shall take full force and effect on February 23, 2005, after publication of a public notice in the newspaper of general circulation in Idaho County, as prescribed whole by law.

DATED this 14^th day of February, 2005.

Randy Doman, Chair

Jim Rehder, Commissioner

Alice Mattson, Commissioner

ATTEST:

Rose Gehring, Clerk