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.)