§ 14-19. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Curfew means a regulation requiring the withdrawal from any person not otherwise exempt from this article from appearing in certain public areas during specified hours.

Emergency management means the preparation for 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, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. Emergency functions include, without limitation, firefighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

Essential officers and employees; nonessential employees means and refers to the mayor, constitutional officers, the police chief, policemen, police and other dispatchers, emergency medical service providers, road department employees and code enforcement personnel. All other city personnel are nonessential employees.

Exempt individuals , unless otherwise specified in the resolution implementing the curfew, includes those individuals engaged in the provision of designated, essential services, such as fire, law enforcement, emergency medical services and hospital services, military services, utility emergency repairs. The resolution may, at the discretion of the board of commissioners, also exempt regular employees of local industries traveling to and from their jobs with appropriate identification, news media employees, building and repair contractors, properly registered according to the portion of the county zoning ordinance concerning registration and licensing of building and repair services during a state of emergency, and performing activities related to construction, repair, renovation or improvement of buildings and other structures damaged during the disaster or emergency.

Fees means any fee or rate charged by the county for building permits, land disturbance permits, zoning applications, special land use permits, variances, temporary land use permits, and other fees relating to the reconstruction, repair and clean up of areas impacted by the disaster or emergency. The term "fees" shall not include those fees collected by the county on behalf of the federal or state government or those fees charged by the county pursuant to a federal or state statute or regulation.

Overcharging means charging prices for goods, materials, services or housing which are substantially in excess of the customary charges or in applicable cases substantially in excess of the supplier's or provider's costs for such goods, materials, services or housing. The existence of overcharging shall be presumed from a substantial increase in the price at which the goods, materials, services or housing was offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in costs to the supplier directly attributable to higher costs of materials, supplies and labor costs resulting from the emergency.

State of emergency , pursuant to O.C.G.A. § 38-3-3(5), means a condition declared by the governor when, in his judgment, the threat or actual occurrence of a disaster or emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship or suffering threatened or caused thereby.

State Law reference— Similar provisions, O.C.G.A. § 38-3-3.

Subsequent recovery period means that period during which the disaster continues to cause disruptions in the disaster area, but shall not exceed six months after the emergency declaration has been terminated by the governor unless extended by official county action.

Temporary dwelling means any mobile or easily movable home, trailer, recreational vehicle, manufactured home, industrialized building or structure not otherwise permitted by the zoning ordinance in a particular zoning district.

(Res. of 3-10-1983, § I; Ord. of 6-26-2001(2), § 2(a), (b); Ord. of 6-26-2001(3), § 2(a)—(c); Ord. of 6-26-2001(4), § 2(a), (d))