Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
2.02 County Personnel Regulations
2.03 Judicial Services Department
2.04 Board of County Commissioners
2.05 Whistle Blower Protection
2.06 Planning Commission
2.08 Employee Travel Expenses
2.16 Department of Community Development
2.20 Division of Social Services
2.22 Public Guardian's Office
2.24 Local Emergency Management Agency
2.26 China Spring Youth Camp
2.28 Genoa Historic District Commission
2.32 Regional Street and Highway Commission
2.36 Wage Claims
2.44 County Driving Policy
2.50 Douglas County Law Library
2.52 Cave Rock Water Advisory Board
2.54 Skyland Water Advisory Board
2.56 Water Conveyance Advisory Committee
2.58 Douglas County Airport Advisory Committee
2.60 Appraisers of County Property
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
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County Codes
Title 2 Administration and Personnel
2.24 Local Emergency Management Agency
2.24.010 Chapter purpose
2.24.020 Definitions
2.24.030 Declaration of a disaster emergency
2.24.040 Director--Powers and duties
2.24.050 Adoption of National Incident Management System (NIMS)
2.24.060 State Emergency Management
2.24.070 Incorporation of certain provisions of Nevada Revised Statutes
2.24.080 Agreements for reciprocal aid
2.24.090 Gifts, grants or loans
2.24.100 Removal of structures, debris or other hazards.
2.24.110 Hazardous material incidents and recovery of costs
2.24.120 Unlawful acts and Penalty

2.24.010 Chapter purpose
The purpose of this chapter is to provide for the safety and welfare of the people and the protection of their property within this county in a disaster situation through organized emergency operations; to provide for the coordination of such operations with appropriate public authorities, private persons, business associations and organizations; and to provide for the delegation of the disaster assistance responsibilities of the board of county commissioners to those county agencies having the resources for providing disaster assistance. (Ord. 729, 1995; Ord. 190 §1, 1971)
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2.24.020 Definitions
    The words used in this chapter have the following meanings:
    A.  “Emergency management”. The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes.  These functions include fire fighting, police services, medical and health services, searches, rescues, engineering, air raid warning services, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all activities necessary or incidental to the preparation for and carrying out of the foregoing functions. 
    B. “Director”.  Means the Emergency Management Director for Douglas County as designated by a resolution of the board.
    C. “Board”. Means the Douglas County Board of Commissioners.
    D. “Disaster”. Means a flood, fire, earthquake, storm, epidemic, actual or threatened riot, insurrection, terrorism, both foreign and domestic, general war or other major calamity which is so sever or widespread that it is beyond the resources normally available to local government or private relief agencies to alleviate the damage, loss, hardship or suffering caused by such a calamity.
    E. “Emergency”. Means any human made or natural event, environmental damage or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss of such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
    F. “Emergency management”. Means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from emergencies and disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes, or by technological or human caused catastrophes, including, without limitation, a crisis involving school violence on school property, at a school activity, or on a school bus.  These functions include firefighting, police services, medical and health services, searches, rescues, engineering, air raid defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
    G. “Emergency operations”. Means the planning, preparation for and carrying out of all emergency functions necessary to prevent, minimize and recover from the effects of a disaster.
    H. “Emergency operations plan” or “the plan”. Means a plan adopted pursuant to this chapter which contains the county’s policies and procedures and provides guidance to the board, the director, county personnel, and the community, when managing emergency operations and programs.
    I. “Emergency service worker”. Means 
        1. A county, fire district, or town employee or elected official, whether full time, part time, temporary or authorized volunteer, or
        2. A person, registered with the county as an emergency worker, who performs services during an emergency, a disaster, or during emergency exercise or drill, who is subject to the order or control of, or pursuant to a request of, a county official.
    J. “National Incident Management System (NIMS)”. Means the United States Department of Homeland Security’s National Incident Management System’s comprehensive national approach to incident management, applicable to all jurisdictional levels and across functional disciplines.
    K. “Person”. Means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization.
    L. “Hazardous material”. Means a poison, corrosive agent, flammable substance, explosive, radioactive chemical, biological agent, or any other material which can endanger human health or property if handled improperly or when it escapes its container harms or has the potential to harm.  (Ord. 1346, 2011; Ord. 1204, 2007; Ord. 729, 1995; Ord. 190 §2, 1971)
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2.24.030 Declaration of a disaster emergency
    A. The declaration of an emergency or a disaster must be made whenever it is deemed necessary:
          1. By the board, if a quorum is available within the county;
          2. By the county Manager if no quorum of the board is present or no quorum is able to act, with the county;
          3. By the director, if no quorum of the board is present in the county or no quorum is able to act and the county manager is not present in the county or is unable to act.
    B. The declaration must proclaim the existence of a disaster or emergency whenever one is deemed to have occurred or is imminent.
    C. All declared emergencies will operate within the “Incident Command System” as defined by the NIMS.
    D. A declaration of an emergency or disaster may be suspended or revoked by the board of the person that declared it.
    E. During an emergency or disaster, the board shall act as an advisory council to the director and may take whatever actions that are necessary to protect life and property.  (Ord. 1346, 2011; Ord. 1204, 2007; Ord. 1111, 2005; Ord. 729, 1995; Ord. 190 §3, 1971)

 

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2.24.040 Director--Powers and duties
    The director is empowered and directed:
    A. To establish an organization for emergency management utilizing for this purpose, county, public and private resources;
        1. With the approval of the board, to designate and prepare standing operating procedures for the emergency operations center from which centralized direction and control of the emergency operations organization may be exercised;
        2. To exercise the emergency operations organization at drills and to otherwise train and prepare the organization to effect the purpose of this chapter;
        3. To represent the emergency operations organization of this county in all dealings with public or private agencies pertaining to emergency operations; excepting, that the sheriff will provide such representation in all matters dealing exclusively with law and order;
        4. To direct county emergency management planning and preparedness activities;
        5. To prepare an emergency operations plan and an emergency resources management plan for the county, in support of and in consonance with federal and state emergency plans and guidance;
        6. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for the purpose of emergency operations as may be necessary to carry out the purpose of this chapter.   
        7. The director shall plan for and utilize the services, equipment, supplies and facilities of existing departments, officers, and agencies of the county to the maximum extend practicable, and the officers and personnel of all such departments re directed to cooperate and extend such services and facilities upon request.  
    B. Upon proclamation by the board of a disaster emergency, the director is further empowered to execute the emergency operations plan, and resources management plan if appropriate, and coordinate the overall effort of the emergency operations organization of this county for the accomplishment of the purpose of this chapter; including the temporary procurement of equipment, services, shelter and the procurement of supplies as provided under the emergency provisions of NRS 332.055 and NRS 338.011; excepting, that in a disaster arising from civil disobedience, coordination of the emergency operations organization shall be exercised by the sheriff, and assisted by the director as requested.  (Ord. 1346, 2011; Ord. 190 §5, 1971)

 

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2.24.050 Adoption of National Incident Management System (NIMS)

    Douglas County hereby adopts the National Incident Management System (NIMS) as the county standard for incident management.  This system provides a consistent approach for federal, state, and municipal government to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity.  NIMS will utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standard for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters.  (Ord. 1346, 2011)

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2.24.060 State Emergency Management

    The local emergency management agency shall perform the duties imposed upon it by NRS Chapter 414 and by the Emergency Plan of the State of Nevada.   (Ord. 1346, 2011)

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2.24.070 Incorporation of certain provisions of Nevada Revised Statutes
    A. The provisions of NRS section 414.110 (immunity and exemption) and 414.120 (limitation of private liability) that pertain to political subdivisions of the state are adopted and incorporated in this chapter.  
    B. All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions.  Pursuant to NRS 414.110, the county is not liable for the death or injury to persons or for property damage as a result of any emergency services worker complying with or reasonably attempting to comply with this chapter, or pursuant to any ordinance relating to black out or other precautionary measures enacted by the county, except in cases of willful misconduct, gross negligence or bad faith.  The provisions of this section do not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the provisions of Chapter 616 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.  
    C. Any requirement for a license to practice any professional, mechanical or other skill does not apply to any authorized emergency services worker who, in the course of performing his or her duties as such, practices that professional, mechanical or other skill during an emergency.  (Ord. 1346, 2011; Ord. 729, 1995; Ord. 190 §8, 1971
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2.24.080 Agreements for reciprocal aid

    The director may, in collaboration with other public and private agencies within the State of Nevada or adjoining California counties or agencies, develop agreements for reciprocal aid and assistance in the case of an emergency or disaster.   (Ord. 1346, 2011)

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2.24.090 Gifts, grants or loans

    When a disaster or emergency is declared by DCC 2.24.030, and whenever the federal government or any agency or officer thereof or any person, firm, corporation, or other organization offers to the Douglas County local emergency management agency, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of emergency or disaster management, the board of county commissioners, the director, or county manager may accept such offer.  (Ord. 1346, 2011)

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2.24.100 Removal of structures, debris or other hazards.

          During an emergency or disaster the director may order the removal of structures, debris or other hazards which threaten the public health, safety or welfare.  Upon the failure of a person or company to comply with such order or direction, the director may take the necessary action to remove the hazards.  If the director is required to take such action, the property owner shall be liable for the costs incurred and the District Attorney’s Office or other authorized legal representative may file suit to recover those costs.  (Ord. 1346, 2011)

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2.24.110 Hazardous material incidents and recovery of costs

   The Douglas County District Attorney’s Office or other authorized legal representative may recover the amount of any costs incurred by the county, East Fork Fire and Paramedic Districts, Tahoe-Douglas Fire Department or any other special interest district located within Douglas County in responding to the spill of, or accident involving, hazardous material from the person responsible for any hazardous material involved in a spill or accident pursuant to NRS 459.770.   (Ord. 1346, 2011)

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2.24.120 Unlawful acts and Penalty

    It is a misdemeanor, as defined by DCC 1.08.010, for any person during a disaster emergency:
    
A. To willfully obstruct, hinder or delay any member of the emergency operations organization in the enforcement of any lawful rule or regulation imposed upon him by virtue of this chapter.
    B. To do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the protection thereof, or to give or be likely to give assistance to the enemy.
    C. To wear, carry or display, without authority, any means of identification specified by the State office of emergency management or the county.  (Ord. 1346, 2011; Ord. 729, 1995; Ord. 645, §2, 1994; Ord. 190 §10, 1971)

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