106 KAR 1:230. Local emergency
management agency ordinance requirement.
RELATES TO: KRS 39B.010, 39B.990
STATUTORY AUTHORITY: KRS
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
3. The establishment and use of a
local emergency management agency budget account consistent with KRS
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.