Chapter 6
CIVIL EMERGENCY MANAGEMENT
Sec. 6-1. Definition.
Sec. 6-2. County emergency management agency; director.
Sec. 6-3. County emergency management organization.
Sec. 6-4. Emergency powers; police powers.
Sec. 6-5. Volunteers.
Sec. 6-6. Enhanced emergency 911 system.
Sec. 6-7. Penalties.
Sec. 6-8. Liberality of construction.
Sec. 6-9. Conflict of laws.
Sec. 6-10. Overcharging for goods, materials, services and housing during state of emergency.
Sec. 6-11. Whitfield County Hazard Mitigation Plan.
Sec. 6-1. Definition.
As used in this chapter the term "emergency management" shall mean the preparation for and the carrying out of all emergency and disaster functions other than those functions for which military forces, state and federal agencies are primarily responsible. It shall mean to prevent, minimize and repair injury and damage resulting from emergencies or disasters of manmade or natural origin. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, protection from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare and social services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to total emergency and disaster preparedness for and carrying out of the foregoing functions.
(Res. of 5-20-86, § 1)
State law references: Similar provisions, O.C.G.A. § 38-3-3(2).
Sec. 6-2. County emergency management agency; director.
In agreement with the governing officials of municipalities within the county, there is hereby established the Whitfield County Emergency Management Agency. The county board of commissioners in concurrence with officials of municipalities within the county shall nominate, for appointment by the governor, a director of emergency management (emergency management coordinator) for the entire county. When appointed, the director is charged with the following duties:
(1) To represent the governing officials of the county and municipalities therein on matters pertaining to civil preparedness.
(2) To assist county and municipal officials in organizing county and municipal departments, for emergency operations.
(3) To develop in conjunction with county and municipal departments and agencies the county emergency operations plan for emergency functions set forth in section 6-1. Such plan will be in consonance with the state emergency plan and shall be submitted to the governing officials of the county and the municipalities therein for approval and thence to the director, Georgia Emergency Management Agency, for approval.
(4) To maintain the emergency management office in carrying out the day-to-day administration of the county civil preparedness and disaster program including the rendering of required reports to the Georgia Emergency Management Agency.
(5) To render reports such as financial and daily activity as required by governing officials in keeping with good business practices.
(6) To procure with the authority of governing officials, a facility to be used as the county emergency operating center.
(7) To coordinate the activities of the county emergency operating center staff during periods of a declared emergency under the supervision of county and municipal governing officials.
(Res. of 5-20-86, § 2)
State law references: Plan and program, O.C.G.A. § 38-3-22.
Sec. 6-3. County emergency management organization.
(a) The county emergency management organization shall be established around existing county and municipal departments and agencies. The emergency functions listed in section 6-1 are assigned as follows:
| Department/Agency | Functions |
| County board of commissioners and municipal mayors | Direction and control |
| County administrator | Administrative services |
| Resources management | |
| County sheriff's department | Communications and warning |
| Police services | |
| County fire department | Fire control |
| Hazardous materials control | |
| County superintendent of schools, office of | Transportation services |
| Food services | |
| County public works department | Engineering |
| Utilities | |
| Petroleum and solid fuel | |
| County department of family and children services | Sheltering and temporary housing |
| Social services | |
| County health department | Health and medical services |
| County emergency management agency | Evacuation |
| Radiological protection | |
| Training | |
| Search, rescue and recovery | |
| Damage assessment | |
| Public property assistance | |
| Specific hazards | |
| State military support |
(b) Heads of departments listed above are responsible for developing the plans and standard operating procedures for their assigned emergency function. Such plans and standard operating procedures will be submitted through the director, emergency management, to the county board of commissioners and governing officials of municipalities* for approval.
(Ord. of 5-20-86, § 3)
*Note– Municipalities are at this time Dalton, Tunnel Hill and Varnell.
State law references: Local organizations, O.C.G.A. § 38-3-27.
Sec. 6-4. Emergency powers; police powers.
In the event of manmade or natural disaster, actual enemy attack upon the United States or any other emergency which may affect the lives and property of the citizens of the county, the chairman of the county board of commissioners, jointly with the mayors of the several municipalities or in their absence a legally appointed successor, may declare that a state of emergency exists and thereafter shall have and may exercise for such period as such state of emergency exists or continues, the following powers:
(1) To enforce all rules, laws and regulations relating to emergency management and to assume direct operational control over all emergency management resources.
(2) To seize, take for temporary use or condemn any property for the protection of the public.
(3) To sell, lend, give or distribute all or any such property or supplies among the inhabitants of the county; to maintain a strict accounting of property or supplies distributed and for funds received for such property or supplies.
(4) To perform and exercise such other functions and duties and take such emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the county.
(Res. of 5-20-86, § 4)
Sec. 6-5. Volunteers.
All persons, other than officers and employees of the municipalities and the county, performing emergency functions pursuant to this chapter, shall serve with or without compensation. While engaged in such emergency functions, duly assigned volunteers shall have the same immunities as county officers and employees.
(Res. of 5-20-86, § 5)
Sec. 6-6. Enhanced emergency 911 system.
The board of commissioners is authorized to adopt a resolution establishing an enhanced emergency telephone number 911 system and providing that the telephone company apportion the maintenance fee for such a system among subscribers served by the system.
(Res. of 10-3-88)
Editor's note: Inclusion of the provisions of a resolution adopted Oct. 3, 1988, approved by the electorate Nov. 8, 1988, as § 6-6 was at the discretion of the editor, the resolution being nonamendatory of the Code. Existing §§ 6-6– 6-8 were redesignated § 6-7– 6-9. The system was continued by a resolution adopted Oct. 9, 1990. Fees were adjusted by resolutions adopted Jan. 8, 1991, and May 12, 1992.
Sec. 6-7. Penalties.
Any violation of any provision of this chapter, or any rule, order or regulation made pursuant to this chapter shall, upon conviction thereof, be punishable as provided in section 1-8.
(Res. of 5-20-86, § 6)
Note: See the editor's note to § 6-6.
Sec. 6-8. Liberality of construction.
This chapter shall be construed liberally in order to effectuate its purpose.
(Res. of 5-20-86, § 7)
Note: See the editor's note to § 6-6.
Sec. 6-9. Conflict of laws.
Where the provisions of this chapter are in conflict with existing local laws, the provisions of this chapter will govern and such provisions of existing laws which are in conflict, are hereby rescinded.
(Res. of 5-20-86, § 8)