106 KAR 1:230. Local emergency

management agency ordinance requirement.

 

      RELATES TO: KRS 39B.010, 39B.990

      STATUTORY AUTHORITY: KRS

39A.050(2)(m), 39A.070(3)

      NECESSITY, FUNCTION, AND CONFORMITY:

KRS 39B.010(1) requires each city, county, urban-county, or charter county

government in the Commonwealth to create a local emergency management agency.

This administrative regulation establishes the requirements to be met by a

governing body of city, county, urban-county, or charter county government to

develop and pass a local emergency management agency ordinance.

 

      Section 1. Ordinance Provisions. (1)

The governing body of a city, county, urban-county, or charter county

government shall pass a local ordinance pertaining to local emergency

management agency creation, as established in KRS 39B.010.

      (2) A local ordinance passed pursuant

to subsection (1) of this section shall:

      (a) Include the term "emergency

management" in the title of the local ordinance; and

      (b) Include provisions which specify:

      1. The official name of a local

emergency management agency created in the local ordinance;

      2. The functional and operational

organization of a local emergency management agency consistent with KRS

39B.010;

      3. The establishment and use of a

local emergency management agency budget account consistent with KRS

39B.010(3);

      4. The powers and responsibilities of

a local emergency management agency;

      5. The powers, authorities, rights,

and duties of a local emergency management agency director appointed pursuant

to KRS 39B.020, including all the powers, duties, rights, and authorities

established in KRS 39B.030; and

      6. Ordinance enforcement, including

the establishment of penalties for violation of the local ordinance.

 

      Section 2. Documentation

Requirements. A full copy of a local emergency management agency ordinance, and

any amendments, agreements, compacts, or other documents associated with the

joint creation of a local emergency management agency pursuant to KRS

39B.010(2)(b), shall be submitted by a local director to an area manager for

transmittal to the director within thirty (30) calendar days following final

passage or adoption by a local governing body. (27 Ky.R. 1984; Am. 3078; eff.

5-14-2001.)