Appomattox County, Virginia

Code of Ordinances

153-A Morton Lane
PO Box 863
Appomattox, VA 24522
(434) 352-2637

Article III – Road Names and Structure Numbers

[HISTORY: Adopted by the Board of Supervisors of Appomattox County as indicated in article histories. Amendments noted where applicable.]

Division 1 – Road Names

[Adopted 1-22-2001; amended 2-22-2005 (Ch. 133, Art. I, of the 1993 Code)]

§ 15.3-1 Intent.

The intent of this article is to establish formal procedures and criteria for naming roads as part of the County’s Enhanced 9-1-1 (“E-911”) Program. This article seeks to strike a proper balance between expeditious selection of road names and providing the general public with ample opportunity to speak on the choice of names.

§ 15.3-2 Procedure.

A. Administration. The E-911 Coordinator is hereby designated as the agent of the Board of Supervisors and is responsible for the administration, implementation and enforcement of this section. The agent may delegate certain responsibilities assigned to him to other persons and/or agents with the prior consent of the governing body.

B. No road within Appomattox County shall be assigned a name on a subdivision plat or otherwise until such name is registered with the agent and added to the Appomattox County Road Name Index. The agent shall have the authority to refuse registration of any name already in use, any name deemed confusing for purposes of emergency response, or any name that does not follow the naming criteria outlined in § 15.3-3.

C. No street or road name currently shown on a subdivision plat filed with the County or otherwise shall be implemented by a subdivision owner until such name has been registered with the agent and added to the Appomattox County Road Name Index; provided, however, that this subsection shall not apply to any street or road presently constructed on which street signs have been placed prior to the effective date of this article. The agent shall have the authority to refuse registration of any name already in use, any name deemed confusing for purposes of emergency response, or any name that does not follow the naming criteria outlined in § 15.3-3.

D. The owner of any subdivision or other development shall erect or cause to be erected, at his expense, street signs in conformance with adopted regulations on signage at any and all intersections within such subdivision or development upon the construction of any street on or after the effective date of this article. Where any subdivision owner is currently required to erect street signs but has failed to do so, the future erection of street signs shall be in conformance with adopted regulations on signage.

E. Changing street names. The Board of Supervisors will consider name changes as proposed by petition of a majority of the property owners on a named road. The petitioners of any road name change shall also agree to accept responsibility for 100% of the cost resulting from the Board’s approval of their petition. The full payment of this cost, including but not limited to GIS mapping and signage, shall be received by the County prior to the official changing and use of the new road name.

§ 15.3-3 Criteria for names.

A. The proposed name shall be a unique name that is clearly phonetically and alphanumerically distinguishable from any other name in use. Use of directional prefixes (north, southeast, etc.) or differing suffixes (street, road, avenue, etc.) added to duplicate street names shall not suffice to create a unique road name.

B. Existing street names.

(1) Efforts will be taken to preserve names already in place in the Towns of Appomattox and Pamplin City, as well as streets named by developers or neighborhood committees in the County.

(2) Where a name for a road in the County conflicts with a preexisting name in the Town of Appomattox or Pamplin City, the town street name shall prevail.

(3) Where feasible, roads crossing into Appomattox County from adjacent jurisdictions should retain the name given by the adjacent jurisdiction.

C. All roads within the state maintenance system shall receive names. The E-911 Coordinator may name any public or private road (regardless of number of residences on the road) when there will clearly be three residences in the near future.

D. A street with one name shall serve all multifamily dwelling complexes, including apartment complexes, townhouses and condominium developments, manufactured home (single- and double-wide) parks, and other similar uses, unless the agent finds that, in the interest of public safety, the naming of more than one street in or near the development is warranted.

E. Guidelines. The following guidelines shall be used in naming or renaming roads:

(1) Road names selected shall conform to the Virginia Department of Transportation’s (VDOT) signage guidelines and regulations.

(2) Use names with historic or geographic value which are descriptive of the road.

(3) Encourage the use of one- and two-syllable names.

(4) Do not use uncommon name spellings or words that may have multiple common spellings.

(5) Assign only one name along a continuous roadway. Where a permanent break in the road exists, a new name may be assigned to each segment. A permanent break may consist of but is not limited to a river, stream, and/or intersecting road where continuous access is not available between the two segments without crossing another road.

(6) Avoid the use of personal or family names, except in the case of local historical figures.

(7) Avoid the use of letters (i.e., Q Street), numbers (1st), numeric names, and compass designators (Fifty-Second and North).

Division 2 – Road Name Signs

[Adopted 2-22-2005 (Ch. 133, Art. II, of the 1993 Code)]

§ 15.3-4 Intent.

The intent of this article is to establish uniform design criteria for the installation of road name signage in Appomattox County in conjunction with the County’s Enhanced 9-1-1 (“E-911”) Program. This will ensure that all signage clearly and efficiently identifies the location of public and qualifying private roads throughout the County and that signage will be installed in locations that do not adversely impact traffic sight distances or pose other safety hazards.

§ 15.3-5 Installation guidelines.

All signage for public roads and qualifying private roads shall be installed according to the following guidelines:

A. All sign hardware shall meet minimum design criteria as utilized by the Virginia Department of Transportation (VDOT). Sign hardware shall include, but not be limited to, sign blades, posts, and mounting brackets.

B. Installation and signage location shall be in accordance with VDOT guidelines.

C. The color of all sign blades for public and private roads shall consist of white reflective lettering on a blue background. All private roads requiring signage shall also include the designation “PVT” in the upper right corner of the blade immediately above the road name suffix.

D. Sign structures (post) and mounting brackets shall be a minimum of 2 3/8 inches outside diameter round galvanized steel with a minimum 0.065 inch wall thickness. Mounting brackets, post caps, and related hardware shall be adaptable to the post and of the same material as the post.

E. All sign structures (post), post caps, sign brackets and related hardware must conform to the Road and Bridge Specifications 2002, Section 233.

§ 15.3-6 Responsibility for installing signs.

A. Developers and/or subdivision owners that cause new public or qualifying private roads to be constructed shall erect road name signage in accordance with this article and shall bear all costs in accordance with Article I, § 15.3-2D of this chapter.

B. The County shall be responsible for installation of road name signage for all existing private roads which qualify for a road name upon adoption of this article.

Division 3 – Structure Numbers

[Adopted 2-22-2005 (Ch. 133, Art. III, of the 1993 Code)]

§ 15.3-7 Intent.

The intent of this article is to establish regulations for the posting of structure numbers for all addressable structures in Appomattox County in conjunction with the County’s Enhanced 9-1-1 (“E-911”) Program. This will ensure that all addressable structures can be clearly and efficiently identified by fire, rescue, and law enforcement agencies in response to emergencies.

§ 15.3-8 Display of structure numbers; address marker placards.

A. Display of structure number. Each resident shall be required to display and maintain a structure number that identifies the primary structure located on the property. Residents and business owners shall be responsible for obtaining and maintaining an address marker placard that is consistent with the guidelines found within this article.

B. Construction of structure number marker. Address marker placards for County structures shall adhere to as closely as possible the following minimum specifications:

(1) Carsonite No. CIB-380 fifty-four-inch blue flexible address markers (or equivalent).

(2) Three-inch white high-intensity reflective numbers.

(3) Address numbers shall be of a contrasting color from the background.

(4) Address markers shall be numbered on both sides.

(5) Numbers shall be placed vertically on installed placard.

C. Placement of address marker placards. Address marker placards shall be installed using the following guidelines:

(1) Address markers shall be installed near the principal entrance to the property and in a manner as to be legible from both directions along the private or state-maintained road on which the property is located.

(2) Address markers shall be installed outside of the Virginia Department of Transportation’s maintained right-of-way, but ideally no more than three feet inside the property line.

(3) Sign blades shall be installed perpendicular to the road center line.

(4) When more than one structure requires the placement of an address marker at a shared access point, the signs shall be installed with the lowest number closest to the right-of-way line and subsequent numbers placed in a co-linear fashion.

D. Removal of other numbers. It shall be the duty of the property owner or property manager, upon affixing the address number, to remove any different number which might be mistaken for or confused with the number assigned to that property by the E-911 Coordinator.

§ 15.3-9 Assignment of numbers; certificate of occupancy.

A. Assignment of new numbers. Structure numbers shall be assigned to each residence upon submission of a building permit application. No certificate of occupancy shall be issued for any principal building until the E-911 Coordinator has supplied the official structure number to the Office of Building Inspections. Temporary structure numbers, including road name, shall be displayed by the building permit applicant on the site during the construction phases to facilitate inspections and delivery of emergency services prior to occupancy.

B. No certificate of occupancy shall be issued until the structure number has been posted according to the provisions of this article.

§ 15.3-10 Modifications; applicability; violations and penalties.

A. Modification and adjustments. In applying the guidelines specified herein, the E-911 Coordinator shall have the authority to make minor adjustments and modifications to ensure a logical and efficient road address system.

B. Applicability. The provisions of this article shall be applicable in all areas of Appomattox County.

C. Violations. Whenever the E-911 Coordinator has reason to believe there has been or there exists a violation of this article, the County shall give written notice of such violation to the person or organization failing to comply and order said person or organization to take corrective measures within 30 calendar days from the date that notification is sent by first-class mail to the address on file at the Commissioner of the Revenue’s office. If such person fails to comply with the duly issued order, the County shall initiate necessary actions to terminate the violation through criminal or civil measures. Any violation of this article shall constitute a Class 4 misdemeanor. Subsequent to the thirty-day period following notification of violation, each day of the violation shall constitute a separate violation. Any person, firm or corporation that damages or destroys a road sign, sign structures, or structure number marker will meet the total burden of all costs associated with the replacement.

§ 15.3-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:

E-911 COORDINATOR

The Board of Supervisors of Appomattox County or its designee.

POINT OF ORIGIN

The point at which a particular road begins its addressing sequence.

PRIMARY STRUCTURE

Includes, but shall not be limited to, a residential building, manufactured home, commercial building, industrial building, office building, public building, church/place of worship, pay telephone, pump station, communication tower, utility tower, substation, or other structure that may require address identification to facilitate the timely response to an emergency situation.

STRUCTURE NUMBER

The number assigned to consecutive intervals along a road pursuant to the number assignment formula contained herein. The terms “house number” and “building number” shall be considered synonymous with “structure number” for the purposes of this article. “Numbering interval” shall mean the distance along a roadway covered by this article of 5.28 feet, there being 1,000 intervals per mile (5,280 feet).

 

Article II – Fire Department and Rescue Squad

[HISTORY: Adopted by the Board of Supervisors of Appomattox County as indicated in article histories. Amendments noted where applicable.]

Division 1 – Death Benefits

[Adopted 3-10-1978 as Ch. 14 of the 1978 Code (Ch. 21, Art. I, of the 1993 Code)]

§ 15.2-1 Applicability of Line of Duty Act.

Pamplin Volunteer Fire Department members and Appomattox County Rescue Squad and Volunteer Fire Department members are hereby recognized as integral parts of the official safety program of the County in order to be within the Line of Duty statute as provided by the terms and provisions of § 9.1-400 et seq., Code of Virginia, and to qualify such personnel actively engaged as members of such organizations under the provisions of this statute for the payment of death benefits as provided for in the above-mentioned code sections.

Division II – Authority of Fire Department Officers

[Adopted 3-10-1978 as § 9-1 of the 1978 Code (Ch. 21, Art. II, of the 1993 Code)]

§ 15.2-2 Authority of officer in charge.

While any fire department or volunteer fire department in the County under the provisions of Chapter 2 of Title 27 of the Code of Virginia is in the process of answering an alarm of fire or extinguishing a fire and returning to a station, the fire chief or other officer in charge of such fire department at the time shall have the authority to:

A. Maintain order at the fire or its vicinity.

B. Direct the actions of the firefighters at the fire.

C. Keep bystanders or other persons at a safe distance from the fire and fire-fighting equipment.

D. Facilitate the speedy movement and operation of fire-fighting equipment.

E. Until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic.

F. Cause an investigation to be made into the origin and cause of the fire.

§ 15.2-3 Display of badge.

The fire chief or other officer in charge shall display his firefighter’s badge.

§ 15.2-4 Traffic control signals.

Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of fire-fighting equipment at a fire station.

§ 15.2-5 Refusal to obey orders.

A. Any person refusing to obey the orders of the fire chief or his deputies or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. [Amended 7-12-1993]

B. The fire chief or other officer in charge shall have the power to make arrests for violation of the provisions of this section.

Division III – EMS/Rescue Division

[Adopted 10-4-2010 (Ch. 21, Art. III, of the 1993 Code)]

§ 15.2-6 County EMS/Rescue Division established; definitions.

A. In order to assure the adequate and continuing emergency services to the citizens of Appomattox County and to preserve, protect and promote the public health, safety, and general welfare, and in order to provide all emergency services personnel with the full benefit of privileges, rights and remedies available to them under law, the Board of Supervisors of Appomattox County hereby establishes a County EMS/Rescue Division in order to mitigate the effects of accidents, disasters and other medical and rescue-oriented emergency situations.

B. The following organizations are hereby officially recognized as entities of the Appomattox County Department of Public Safety, EMS/Rescue Division, and are hereby granted permits to operate emergency medical service vehicles in Appomattox County: Appomattox County Rescue Squad, Inc., Pamplin Volunteer Fire Department and EMS, Inc., Concord Volunteer Rescue Squad, and Gladstone Fire/EMS. Volunteer agencies identified in this subsection will maintain separate licensure with the Virginia Department of Health, Office of Emergency Medical Services, and maintain oversight of their respective volunteer agencies unless a separate agreement is entered into with Appomattox County as agreed to by both parties. Included in this provision is the responsibility to maintain mutual aid agreements with bordering agencies.

C. The following organizations are hereby officially recognized as private commercial or not-for-profit entities that are authorized to provide EMS services within Appomattox County and are granted permits to operate emergency medical service vehicles, including but not limited to air medical evacuation (medevac) services utilizing helicopters equipped for such use, in Appomattox County and charge a fee for the service they provide to patients: any private service provider with which Appomattox County Rescue Squad, Inc., or Pamplin Volunteer Fire Department and EMS, Inc., contracts or Centra Health (helicopter and ground transport), University of Virginia (Pegasus helicopter and ground transport) and Carilion Health System (Lifeguard helicopter and ground transport), Davis Ambulance, Delta Response Team, Palidin Transport, and Virginia Ambulance. Furthermore, these private commercial or not-for-profit entities, except for Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., are exempt from the remainder of the provisions in this article. The Appomattox County Department of Public Safety may enter into contracts with any of these organizations to provide services on a routine basis as authorized by the Board of Supervisors. Additionally, the County may enter into mutual aid agreements with surrounding jurisdictions and agencies when it is deemed appropriate to do so by the County Board of Supervisors.

D. Each of the organizations mentioned in Subsection B shall be assigned response areas that provide the best services to the citizens of the County. These response areas shall be maintained in writing by the Appomattox County Department of Public Safety, a copy of which will be posted in the communications center and available to the public. The Department of Public Safety may amend or change these boundaries from time to time in order to provide the best services available.

E. For purposes of this article, the following definitions shall apply, unless the context requires a different meaning:

EMERGENCY MEDICAL SERVICES PERSONNEL

Persons responsible for the direct provision of emergency medical or rescue services in a given medical emergency or emergency rescue, including all persons who could be described as attendants, attendants-in-charge, or operators.

EMERGENCY MEDICAL SERVICES VEHICLE

Any vehicle, vessel, aircraft or ambulance that holds a valid emergency medical services permit issued by the State Office of Emergency Medical Services that is equipped, maintained or operated to provide emergency medical care or transportation of patients who are sick, injured, wounded, or otherwise incapacitated or helpless.

EMS SQUAD or EMS DEPARTMENT

A volunteer emergency medical services (EMS) organization organized pursuant to § 27-8, Code of Virginia, in any town, city or county of the commonwealth, with the approval of the governing body thereof, consisting of emergency medical services personnel.

§ 15.2-7 Coordination of activities with Department of Public Safety.

A. Each of the organizations and groups mentioned in § 15.2-6B and C shall coordinate their operations and activities with the Appomattox County Department of Public Safety and will carry out their assigned tasks to the best of their ability.

B. Each EMS/rescue organization mentioned in § 15.2-6B shall appoint a captain who shall be responsible for the overall direction and control of EMS/rescue service activities within his organization’s respective primary response area. Additionally, the captain shall ensure that his organization complies with all of the provisions of applicable laws, ordinances, and standard operation procedures and shall coordinate his organization’s operations and activities with the Director of Public Safety or his designee.

§ 15.2-8 Responsibility and authority.

A. All officially recognized members of the organizations and groups mentioned above shall perform their respective duties, as outlined in standard operating procedures and applicable laws and ordinances, to the best of their ability.

B. All officially recognized members of the organizations and groups mentioned above will be subject to the procedures and practices established by the Appomattox County Board of Supervisors or its designee.

C. While performing in his official capacity, each of the members of the organizations and groups mentioned above shall have the authority to carry out his respective assignments as provided for in applicable laws, ordinances and standard operating procedures.

§ 15.2-9 Personnel afforded certain privileges, rights and remedies.

When providing services in their official capacity and acting within the guidelines of the Department of Public Safety, all officially recognized members of the organizations and groups mentioned above shall be afforded all of the privileges, rights and remedies available to them under law.

§ 15.2-10 Service fee for ambulance transport.

A. Service fee for emergency ambulance transport.

(1) Pursuant to § 32.1-111.14, Code of Virginia, as amended, it is hereby determined and declared that the exercise of the powers and duties set forth herein is necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare.

(2) Definitions. The following definitions shall apply to ambulance charges:

(a) Basic life support (BLS). Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medical Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT) – Basic.

(b) Advanced life support level 1 (ALS-1). Services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT – Basic as defined by the National EMS Education and Practice Blueprint.

(c) Advanced life support level 2 (ALS-2). Services shall be defined as advanced life support (ALS) services provided to a patient including any of the following medical procedures:

[1] Manual defibrillation/cardio version;

[2] Endotrachael intubation;

[3] Central venous line;

[4] Cardiac pacing;

[5] Chest decompression;

[6] Surgical airway; or

[7] Intraosseous line and the administration of three or more medications.

(d) Ground transport mileage (GTM). Shall be assessed in actual road miles from the location of the incident scene, or center point of a rescue demand zone where an incident scene or address is located, to a hospital or other facility where a patient is transported.

(3) The schedule of rates for emergency ambulance transport services by Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., shall be based on a schedule as may be set by resolution by the membership of Appomattox County Rescue Squad, Inc., and the membership of Pamplin Volunteer Fire Department and EMS, Inc., from time to time.

(4) Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., shall adopt appropriate rules and policies for the administration of the charges imposed by this section, including and not limited to payment standards for those persons who demonstrate economic hardship, as established by this section.

B. Billing.

(1) Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., or its agent shall generate a bill for ambulance transports whose point of origin is within the boundaries of Appomattox County performed by all ambulances operated by an agency licensed and chartered in Appomattox County by the Commonwealth of Virginia and mentioned in § 15.2-6B above. Organizations are required to submit information required for the volunteers or their agents to generate a bill for such services. Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., will not generate a bill for ambulance transport by organizations mentioned in § 15.2-6B above that would be considered humanitarian assistance (meaning activities not undertaken as a result of a call for emergency assistance to the Appomattox County Public Safety Communications Center). Due to the fact that patient care information is highly confidential under several state and federal laws, call sheets/patient care reports will remain the responsibility of the agency responding to individual calls. Information shared under this subsection shall be that information reasonably necessary to accomplish the billing process or other arrangement as mutually agreed to by the providing agency and Appomattox County.

(2) Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., may generate a bill for ambulance service in the primary response area of organizations mentioned in § 15.2-6B above in adjoining localities by separate agreement between Appomattox County, the adjoining locality, and the organization.

(3) No organization mentioned in § 15.2-6B above that is licensed and chartered in Appomattox County by the Commonwealth of Virginia may bill for services without the prior consent of the Appomattox County Board of Supervisors.

(4) Fees and responsibility for payment. Payment of all charges for ambulance services, including evaluation, treatment or ambulance transport, shall be the responsibility of the patient or the parent, guardian, or other legally responsible party in the case of a minor or an individual deemed incompetent.

C. Billing process. Patients will fall into one of the following categories for billing purposes:

(1) Insured through third-party health insurance company, Medicare, or Medicaid and is a resident of or employed in Appomattox County. The appropriate health insurance carrier will be billed. A resident of Appomattox County or persons employed in Appomattox County will not be responsible (invoiced) for co-payments, co-insurance, deductibles, or other similar payments.

(2) Insured through third-party health insurance company, Medicare, or Medicaid and is not a resident of or employed in Appomattox County. The appropriate health insurance carrier will be billed. Any applicable co-payments, co-insurance, deductibles, or other similar payments may be billed to the patient.

(3) No insurance and is a resident of or employed in Appomattox County. The patient will be billed for services with no further action for collection.

(4) No insurance and is not a resident of or employed in Appomattox County. A bill may be sent to the patient transported. If the individual has the financial ability to pay, then payment of the outstanding charges is required. If the patient can demonstrate a financial hardship and qualifies for reduced payments pursuant to Subsection E, then the patient shall be eligible for a reduction of the amount of the charges due.

D. Billing contractor. Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., may contract with a third party for billing and related services.

E. Ability to pay program.

(1) This program establishes an equitable fee setting policy for those situations where the patient is unable to meet the ambulance transport charge because of demonstrated financial hardship.

(2) Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc., shall establish an “ability to pay” scale and eligibility criteria for individuals who can demonstrate financial hardship and receive a reduction in the charges owed.

(3) When a patient is billed for a transport and because of limited financial resources or assets is unable to pay, a procedure is hereby established for such patients to apply for a reduction in the charges due.

(4) A patient representing that there exists a financial hardship will submit information sufficient to determine such hardship. If it is determined that payment of the emergency ambulance transport charges creates a financial hardship, charges due may be reduced or waived according to the scale as may be established by Appomattox County Rescue Squad, Inc., or Pamplin Volunteer Fire Department and EMS, Inc.

F. Collections. Billing subscription services and collection policies and services will be established by Appomattox County Rescue Squad, Inc., and Pamplin Volunteer Fire Department and EMS, Inc.

STATE LAW REFERENCES

Powers of governing body with respect to emergency medical services — See Code of Virginia, § 32.1-111.14.

Approval of governing body for establishment of emergency services organizations — See Code of Virginia, § 15.2-955.

Fire protection generally — See Code of Virginia, Title 27.

Definitions — See Code of Virginia, § 27-8.1.

Authority of officer in charge — See Code of Virginia, § 27-15.1

Provision of fire-fighting or emergency medical services — See Code of Virginia, § 27-23.6.

Supervision and control of joint services — See Code of Virginia, § 27-23.9.

Obstructing members of rescue squad — See Code of Virginia, § 18.2-414.1.

 

Article I – Emergency Services

[HISTORY: Adopted by the Board of Supervisors of Appomattox County 7-19-1993 (Ch. 17 of the 1993 Code). Amendments noted where applicable.]

§ 15.1-1 Purpose.

It is the purpose of this chapter to implement within Appomattox County the provisions of the Commonwealth of Virginia Emergency Services and Disaster Law, § 44-146.13 et seq., Code of Virginia, by providing, insofar as the resources of the County permit, the organization, personnel, equipment and plans which are necessary to deal adequately with natural and man-made disasters which may occur within the County and its environs and, to the extent of the means available, to provide emergency disaster services to other communities and respond to calls made by the Governor or by the Department of Emergency Management of the commonwealth.

§ 15.1-2 Definitions.

Definitions shall be as provided in § 44-146.16 of the Code of Virginia.

§ 15.1-3 Mission of Board of Supervisors.

The mission of the Appomattox County Board of Supervisors, within the purview of this chapter and acting through its Director of Emergency Services, is to direct and support the emergency services of Appomattox County and to cooperate with other cities and counties and the State Department of Emergency Management in the event of man-made or natural disaster.

§ 15.1-4 Director of Emergency Services; Coordinator of Emergency Service Activities.

A. Unless and until provided otherwise by executive order of the Governor, the County Administrator shall be the Director of Emergency Services.

B. The Director of Emergency Services shall have authority to appoint a Coordinator of Emergency Service Activities, with the consent of the Appomattox County Board of Supervisors.

§ 15.1-5 Emergency Services Organization.

A. The Appomattox County Emergency Services Organization is hereby established, the commanding officer of which shall be the Director of Emergency Services.

B. Pursuant to policies established from time to time by the Appomattox County Board of Supervisors consistent with state law and plans and policies of the Department of Emergency Management, the Emergency Services Organization shall have such structural organization, personnel and equipment as shall be specified by the Director of Emergency Services, subject to the availability of funds, and the Director of Emergency Services shall utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of Appomattox County to the maximum extent practicable. The officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Director of Emergency Services and, upon request, to the Governor and to the State Department of Emergency Management as well. The Director of Emergency Services is hereby authorized to include within the Appomattox County Emergency Services Organization such corporate and individual volunteer members as may be desirable to enable the organization to accomplish its intended missions, as for example, medical personnel and organizations and public utility company personnel and equipment, to name but two of the more obvious classes.

C. The Director of Emergency Services shall prepare and may from time to time amend tables of organization and equipment for the Appomattox County Emergency Services Organization, at least one copy of which shall be maintained on file in the office of the County Administrator, where it shall be available to the public for inspection and use during all regular business hours, and copies shall be made available to all persons deemed by the Director to have a need therefor.

D. The tables of organization and equipment shall establish a definite chain of command for each component of the organization.

E. The Appomattox County Emergency Services Organization shall have such powers and perform such duties as may be necessary, consistent with state law and policies of the Board of Supervisors, to serve the purposes of this chapter and as may be specified for local emergency services organizations by the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq., Code of Virginia).

§ 15.1-6 Oath of Emergency Services Organization members.

No person shall be a member, employee or agent of or be associated with the Appomattox County Emergency Services Organization who advocated or has advocated a change by force or violence in the constitutional form of government of the United States or in this commonwealth or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in such organization shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this commonwealth, which shall be substantially as follows:

“I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Virginia against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

“And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this commonwealth by force or violence and that I will not advocate or become a member of any political party or organization that advocates the overthrow of the government of the United States or of this commonwealth by force or violence.”

§ 15.1-7 Powers and duties of Director of Emergency Services.

A. The Director of Emergency Services shall prepare and from time to time amend, so as to keep abreast of new concepts and techniques, plans for the accomplishment of the missions of the Appomattox County Emergency Services Organization in the event of any natural or man-made disaster and for the effective deployment and employment of the personnel and equipment of the organization or which may be subject to its call. Such plans shall be consistent with policies of the Appomattox County Board of Supervisors and the policies and plans of the Governor and the State Department of Emergency Management and shall be distributed and publicized as may be desirable, in the opinion of the Director, to effectively serve their intended purposes, provided that not less than one copy of each such plan shall be maintained on file in the office of the County Administrator.

B. The Director of Emergency Services shall be responsible for the training of all personnel of the Appomattox County Emergency Services Organization to the end that they may be in a state of readiness to effectively perform their duties and properly use the equipment available to them in the event of any natural or man-made emergency. It shall be the duty of all County government personnel affected thereby to attend such classes and field exercises as may be prescribed by the Director pursuant to policy guidance by the Appomattox County Board of Supervisors.

C. The Director of Emergency Services shall prepare the annual budget of the Appomattox County Emergency Services Organization.

D. The Director of Emergency Services shall have such other power and perform such other duties as may be specified for the office of local director of emergency services in the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq., Code of Virginia) or as may be prescribed by the Appomattox County Board of Supervisors.

§ 15.1-8 Powers and duties of Coordinator of Emergency Service Activities.

The Coordinator of Emergency Service Activities, under the direct supervision of the Director of Emergency Services, shall be the executive officer of the Appomattox County Emergency Services Organization and, in the absence or disability of the Director, shall assume command of the organization. He shall have such other powers and perform such other duties as may be specified for the office of local coordinator of emergency service activities by the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq., Code of Virginia) or by the Director of Emergency Services, consistent with state law and the plans and policies of the Governor and the State Department of Emergency Management.

§ 15.1-9 Orders, rules and regulations of Governor.

It shall be the duty of the Appomattox County Emergency Services Organization and the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq., Code of Virginia), and the organization shall have available for inspection at its office or at the office of the County Administrator all such orders, rules and regulations.

§ 15.1-10 Declaration of local emergency.

A local emergency may be declared by the Director of Emergency Services according to the requirements of § 44-146.21, Code of Virginia.

§ 15.1-11 Construal of provisions.

Nothing in this chapter is to be construed to:

A. Limit, modify or abridge the authority of the Governor to exercise any powers vested in him under the laws of this commonwealth in conjunction with any provisions of this chapter.

B. Interfere with dissemination of news or comment on public affairs, but any communications facility or organization, including but not limited to radio and television stations, wire services and newspaper, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster.

C. Affect the jurisdiction or responsibilities of police forces or units of the Armed Forces of the United States or of this commonwealth and any personnel thereof, when on active duty, but the Appomattox County Emergency Services Organization shall place reliance upon such forces in the event of declared disasters.

D. Interfere with the course of conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.