TITLE 10
CIVIL DEFENSE

ARTICLE 1
WEATHER EMERGENCY AND TRAFFIC CONTROL

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BE IT ORDAINED by the DeKalb County Commissioners of DeKalb County, Indiana, that:

SECTION 1. A weather emergency shall commence by executive order, determination and proclamation of the President of the County Commissioners or in his absence or incapacity by the Vice President of the County Commissioners and in his absence or incapacity the other member of the County Commissioners.

SECTION 2. The President of the County Commissioners or his substitute, shall determine and proclaim a weather emergency when, in his sound judgment and discretion, the circumstances warrant the determination of such an emergency for the public safety and the welfare of the residents of DeKalb County. Such weather emergency shall continue in effect until he determines that an emergency no longer exists and terminates the emergency order, or until the County Commissioners in session shall make such determination.

SECTION 3. Emergency routes shall be as designated in the emergency order, and such order can include a closing of some or all county roadways to the public and such orders shall exempt all emergency travel for medical assistance, police, fire and civil defense activities, fuel haulers, public utility employees and milk haulers.

SECTION 4. After a weather emergency has been declared and during its existence:

4.1 No vehicle shall travel or be parked on an emergency route;
4.2 Any person who owns or drives a vehicle that becomes stalled or incapable of moving under its own power or who leaves such vehicle unattended shall be in violation of this Ordinance. The vehicle shall be towed away at the owners expense including towing and storage charges.

SECTION 5. Publication and broadcast of the proclamation of a weather emergency shall be done by the authorized Commissioner or his substitute using a press release to the area news media.

SECTION 6. Any DeKalb County Police Officer or Indiana State Police Officer upon discovering any vehicle unlawfully traveling, or parked, or stopped in violation of this Ordinance, may impound and remove such vehicle or cause the same to be impounded and removed to any County owned property, or to a private garage or place where so authorized. Prior to removal, said officer shall ticket the driver or owner of the unlawfully parked or operated vehicle and the owner or operator thereof shall be fined for his or her violation of this Ordinance. Such vehicle shall be impounded and retained at such location as the police officer shall determine until the towing and storage expenses for said vehicle shall be paid to the individual or company performing the towing service.

SECTION 7. Any person violating the provisions of this ordinance shall be guilty of the commission of an infraction and may be fined in any sum not to exceed One Hundred Dollars ($100.00) and such shall be enforceable in any court of law duly authorized by Indiana State Law, and in addition to such fine the court shall be authorized to direct the accused to repay the county municipality any monetary losses or expenses incurred in the incident.

This ordinance read and adopted by the County Commissioners of DeKalb County, Indiana on the date as shown below.

(Ord. 82-2, passed February 8, 1982)

ARTICLE 2
HAZMAT RECEIVE COSTS FOR EMERGENCY SERVICES

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WHEREAS, the DeKalb County Council and the DeKalb County Commissioners in joint session find that emergency situations are an unfortunate part of the community,

WHEREAS, the cost to provide emergency services is a burden on all citizens of the community,

WHEREAS, a recovery of costs expended to provide emergency services has risen substantially in recent years, and,

WHEREAS, the County can only continue to provide high quality emergency services by recovering its costs.

NOW THEREFORE BE IT ORDAINED BY THE DEKALB COUNTY COUNCIL and THE DEKALB COUNTY COMMISSIONERS as follows;

Section I. Definitions

1.   'Emergency' is that situation which arises unexpectedly requiring some quick response by a department of the County.
2.   'Department' within the meaning of this ordinance is one or more of the following:
2.1 Fire (including city and township fire departments)
2.2 Police
2.3 County Highway
2.4 County Engineer
2.5 County Attorney
2.6 Civil Defense
2.7 Red Cross
3.   "Costs" are those necessary expenditures of monies, time and materials required to alleviate control or contain an emergency, including any costs required to collect those costs expended.
4.   "Commissioners" is the DeKalb County Commissioners
5.   "Council" is the DeKalb County Council
6.   "County" is DeKalb County Indiana, a municipal corporation.

Section 2. Cost Accounting , Allocations and Assignment

2.1 Whenever a department responds by request or mandate to an emergency, the department head or his/her assign shall maintain a log of the costs incurred.
2.2 When a final tabulation of the costs is completed the department head or his/her assign shall present same to the Commissioners.
2.21 The Commissioners shall set a hearing at which testimony may be taken from which a determination as to the amount of costs to be allocated to each department and the amount assigned to the individual or business receiving the department emergency services.
2.22 Said determination of the Commissioners shall be final.
2.3 The Commissioners shall require any payment of those costs assigned within 90 days from the date of determination.
2.4 The Commissioners shall be authorized to empower the County Attorney to institute legal proceedings in the name of the County upon non-payment within 90 days. The costs to the County for legal proceedings shall be assessed to the non-paying party.
2.5 The Commissioners shall have the authority to suspend the assignment of costs upon a finding of a routine emergency situation or when there is a determination of undue hardship on the party receiving emergency services.

Section 3. Hearings

3.1 All hearings on the accounting, allocation, and assignment of costs shall be scheduled to coincide with regularly scheduled Commissioner meeting except as follows:
3.11 When a hearing is expected to last greater than 30 minutes, or
3.12 When undue hardship would be placed on any witness, or
3.13 Whenever urgent circumstances exist to require a special meeting of the Commissioners to conduct the hearing.
3.2 All parties to the hearing shall be given a notice not less than 10 days before the scheduled hearing by the County Auditor.
3.3.   All parties shall have the opportunity to present witnesses and cross examine.
3.4 The decision of the Commissioners shall be final.

Section 4. Payment of Assigned Costs

4.1 Payment of assigned costs shall be made to the County Auditor by cash, money order or certified check.
4.2 The County Auditor is authorized to establish a payment schedule so as to avoid undue hardship on the assign but in no event shall the length of payments exceed one (1) year from the date of the Commissioners determination.

Section 5. Monies Collected. All monies Collected from assigns shall be credited to the department(s) who incurred the costs for the emergency services.

Section 6. Wherefore this ordinance shall be in full force and effect upon passage by the County Council and County Commissioners of DeKalb County.

(Ord. 89-1, passed January 9, 1989)

ARTICLE 3
CIVIL DEFENSE DIRECTOR APPOINTMENT

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BE IT RESOLVED, that Robert J. Dygert of East Chestnut Street, Waterloo, Indiana, is hereby appointed as Civil Defense Director of DeKalb County, Indiana.

(Res. 61-13, passed August 14, 1961)