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<unit kind="subtitle" number="6" name="Emergency Management" slug="subtitle-6" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA">
  <unit kind="division" number="1" name="General Provisions" slug="division-1" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR">
    <section number="6-101" name="Intent of Subtitle; scope" law="code" slug="sec-6-101" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-101INSUSC">
      <level label="a">
        <text>The intent of this Subtitle is to provide for the preparation and carrying out of plans for the mitigation of, preparation for, response to and recovery from disasters and major emergencies for the emergency management of persons and property within the County in the event of an enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, hurricane, or other natural causes, and to provide for the coordination of the emergency management functions of the County with all public agencies and their various departments, with other Counties, cities and political subdivisions, and with private agencies, organizations, persons and corporations of every type to insure the complete and efficient utilization of all facilities available to combat any disaster or emergency.</text>
      </level>
      <level label="b">
        <text>The Office of Emergency Management created by this Subtitle shall be the coordinating agency for all activity of the emergency management program, and during a period of attack, terrorist act or natural disaster it will act as the instrument through which the County Executive may exercise the authority and discharge the responsibilities vested in him by this Subtitle.</text>
      </level>
      <level label="c">
        <text>This Subtitle shall not relieve any County department of the normal responsibilities of authority ascribed to it, nor will it adversely affect the work of the American Red Cross or other volunteer agencies dedicated to disaster relief activities.</text>
      </level>
    </section>
    <section number="6-102" name="Definitions" law="code" slug="sec-6-102" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-102DE">
      <level label="a">
        <text>As used in this Subtitle:</text>
        <level label="1">
          <text>Attack shall mean a direct assault against the County by the forces of a hostile nation or the agents thereof, including assault by bombing, chemical or biological warfare, terrorist act or sabotage.</text>
        </level>
        <level label="2">
          <text>Curfew shall mean a prohibition against a person walking, running, standing or motoring upon any alley, street, highway, public property or vacant premises within the County, excepting persons officially designated to duty relating to the civil emergency and those persons who are in public places by reason of their employment or a private emergency involving health, safety or protection of property.</text>
        </level>
        <level label="3">
          <text>Director shall mean the Director of the Office of Emergency Management, as executive head of the Office of Emergency Management, or a Deputy Director duly appointed and acting for the Director in accordance with the provisions of this Subtitle.</text>
        </level>
        <level label="4">
          <text>Emergency shall mean:</text>
          <level label="A">
            <text>A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force if accompanied by immediate power to execute by two (2) or more persons acting together without authority of law.</text>
          </level>
          <level label="B">
            <text>Any man-made calamity within the County resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.</text>
          </level>
          <level label="C">
            <text>Natural disasters, as defined below.</text>
          </level>
        </level>
        <level label="5">
          <text>Emergency management shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other Federal agencies 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 or other causes. These functions include, but are not limited to, firefighting services, police services, medical and health services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare service, civilian aid service, 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 carrying out of the foregoing functions.</text>
        </level>
        <level label="6">
          <text>Emergency management forces shall mean the employees, equipment and facilities of all County departments, boards, institutions and commissions suitable for, or adaptable to, emergency management activity and designated by the County Executive to participate in the emergency management activity. In addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from volunteer persons or agencies.</text>
        </level>
        <level label="7">
          <text>Emergency management volunteer shall mean any person duly registered and appointed by the Director and assigned to participate in the emergency management activity.</text>
        </level>
        <level label="8">
          <text>Natural disaster shall mean any condition seriously affecting or threatening public health, welfare or security as a result of severe fire, explosion, flood, tornado, hurricane or similar natural or accidental cause and which is beyond the control of public or private agencies ordinarily responsible for the control or relief of such conditions. This does not include riots, strikes, insurrection or civil disturbances.</text>
        </level>
        <level label="9">
          <text>Volunteer shall mean contributing service, equipment or facilities to the Office of Emergency Management without remuneration or without formal agreement or contract of hire.</text>
        </level>
      </level>
    </section>
    <section number="6-103" name="Powers of County Council" law="code" slug="sec-6-103" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-103POCOCO">
      <text>If, by reason of any military or warlike catastrophe, there are conditions of serious human suffering, death, personal injury, and property damage, or any of these conditions in the County, and the Governor of Maryland for this reason officially has proclaimed part or all of the County to be within an emergency area, actual or threatened, the County Council has such authority as set forth by Section 35 of Article 16A of the Annotated Code of Maryland as amended from time to time.</text>
    </section>
    <section number="6-104" name="Emergency power and authority of County Executive over emergency management" law="code" slug="sec-6-104" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-104EMPOAUCOEXOVEMMA">
      <level label="a">
        <text>The County Executive may exercise the emergency power and authority as specified in this Subtitle.</text>
      </level>
      <level label="b">
        <text>Under the following circumstances, the County Executive may assemble and utilize the emergency management forces and may prescribe the manner and condition of their use:</text>
        <level label="1">
          <text>Whenever, on the basis of information received from authoritative sources, the County Executive feels that an attack in the County or an emergency is impending or imminent;</text>
        </level>
        <level label="2">
          <text>During any period of attack or emergency in the County, and thereafter so long as the County Executive deems it necessary.</text>
        </level>
      </level>
      <level label="c">
        <text>During any period when attack or emergency in the County is imminent or when the County has been subjected to attack or emergency, the County Executive may promulgate such reasonable regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following:</text>
        <level label="1">
          <text>Regulations prohibiting or restricting the movement of vehicles in order to facilitate the mass movement of persons from critical areas of the County;</text>
        </level>
        <level label="2">
          <text>Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to attack or emergency;</text>
        </level>
        <level label="3">
          <text>Regulations designed to lessen the hazards to property and citizens from attack or emergency.</text>
        </level>
      </level>
      <level label="d">
        <text>The County Executive shall order emergency management forces to the aid of other communities in accordance with the Statutes of the State. The County Executive may request the State, or political subdivisions of the State, to send aid to the County in case of natural disaster or in case of disaster resulting from attack or emergency when conditions in the County are beyond the control of the local emergency management forces.</text>
      </level>
      <level label="e">
        <text>When obtaining formal approval would result in delay of attack-relief activity, the County Executive may, until the Council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities, and expenditures of existing funds. The Council is also empowered to waive any such procedures and formalities.</text>
      </level>
      <level label="f">
        <text>Whenever the County Executive finds that any condition in the County has attained, or threatens to attain, the proportions of a natural disaster, the County Executive may assemble and utilize emergency management forces and may prescribe the manner and conditions of their use. The County Executive, when deemed in the public interest, may send emergency management forces of the County to the aid of other communities stricken by natural disaster when such disaster is affecting the health, welfare or security of the stricken community; provided, that after the County Council convenes, the further continuance of any such natural disaster relief and the period thereof, shall be subject to the action of the County Council.</text>
      </level>
      <level label="g">
        <text>The County Executive may make regulations permitting the conduct of practice air raid alerts or tests of the Emergency Management Organization. Such regulations shall be filed with the County Council and shall be binding upon the emergency management forces.</text>
      </level>
    </section>
    <section number="6-105" name="Subtitle not construed as abridging power of Council" law="code" slug="sec-6-105" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-105SUNOCOABPOCO">
      <text>Nothing in this Subtitle shall be construed as power or authority to abridge or lessen the legislative and administrative powers of the Council, unless such is specifically granted in this Subtitle.</text>
    </section>
    <section number="6-106" name="Expenditures for emergency management" law="code" slug="sec-6-106" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-106EXEMMA">
      <text>No person shall have the right to bind the County by contract, agreement or otherwise, without prior and specific approval of the County.</text>
    </section>
    <section number="6-107" name="Utilization of existing services and facilities" law="code" slug="sec-6-107" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-107UTEXSEFA">
      <text>In carrying out the provisions of this Subtitle, the County Executive is authorized to utilize the services, equipment, supplies and facilities of the existing departments, bureaus, offices, commissions, committees, authorities and agencies of the County to the maximum extent practicable. The officers, agents, employees and personnel of all such departments, bureaus, offices, commissions, committees, authorities and agencies of the County shall cooperate with and extend all services and facilities to the County Executive, the Office of Emergency Management and to the Director.</text>
    </section>
    <section number="6-108" name="Liability of County and agents" law="code" slug="sec-6-108" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-108LICOAG">
      <level label="a">
        <text>Neither the County nor any of its agencies, agents or representatives engaged in any emergency management activities, while complying with or attempting to comply with the rules and regulations promulgated pursuant to the provisions of this Subtitle, except in cases of willful misconduct, shall be liable for the death or injury to any person or damage to any property, as a result of such activity.</text>
      </level>
      <level label="b">
        <text>Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the County the right to inspect, designate and use the whole or any part of the premises or real estate for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural disaster shall not be civilly liable for the death or injury to any person on or about the real estate or premises under license, privilege or other permission or for loss of or damage to property of such person.</text>
      </level>
      <level label="c">
        <text>The provisions of this Section shall not affect the right of any person to receive benefits to which he would otherwise be entitled to under this Subtitle, or under the Workmen's Compensation Law, or under any pension law, nor the right of any person to receive any benefits or compensations under any act of Congress.</text>
      </level>
    </section>
    <section number="6-109" name="Accept service, grant or loan" law="code" slug="sec-6-109" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-109ACSEGRLO">
      <text>Whenever the Federal government or the State or any agency or officer thereof, or any person offers to the County or to the Office of Emergency Management any services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of emergency management and disaster relief, the County, acting through the County Executive may authorize any officer of the County, or the Director or any Deputy Director of the Office of Emergency Management as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the County, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. Such acceptance, however, shall not create any liability on the part of the County, Office of Emergency Management or any officer, agent or employee thereof for failure to comply with the terms of such offer and the rules and regulations, if any, of the agency making the offer.</text>
    </section>
    <section number="6-110" name="Coordination of programs; mutual aid agreements" law="code" slug="sec-6-110" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-110COPRMUAIAG">
      <level label="a">
        <text>All emergency management and disaster relief functions of the County shall be coordinated to the maximum extent possible with comparable functions of the State, Federal and local governments, including their various departments and agencies, and with private agencies of every type, to the end that the most effective preparation and use can be made of the County's manpower resources and facilities for dealing with any disaster or emergency that may occur.</text>
      </level>
      <level label="b">
        <text>The Director of the Office of Emergency Management may, subject to the approval of the County Executive and County Council, develop, cause to be developed, or enter into mutual aid agreements for reciprocal emergency management aid and assistance in case of a disaster too great to be dealt with unassisted. The agreements shall be consistent with the Washington Metropolitan Area and State emergency management plans and programs. In case of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid agreements.</text>
      </level>
      <level label="c">
        <text>The Director of the Office of Emergency Management may, subject to the approval of the Governor, enter into mutual agreements with Emergency Management agencies or organizations in other States for reciprocal emergency aid and assistance in case of a disaster too great to be dealt with unassisted.</text>
      </level>
    </section>
    <section number="6-110.01" name="Maryland Emergency Management Assistance Compact" law="code" slug="sec-6-110.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-110.01MAEMMAASCO">
      <text>The County adopts the Maryland Emergency Management Assistance Compact as set forth in Section 14-803 of the Public Safety Article of the Annotated Code of Maryland, as it may be amended from time to time.</text>
    </section>
    <section number="6-111" name="Conflict with State or Federal Statute; military order" law="code" slug="sec-6-111" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-111COSTFESTMIOR">
      <text>This Subtitle shall not be construed to conflict with any State or Federal Statute or with any military or naval order, rule, or regulation.</text>
    </section>
    <section number="6-112" name="Unauthorized signals prohibited" law="code" slug="sec-6-112" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-112UNSIPR">
      <text>No unauthorized person shall operate a siren or other device so as to simulate a blackout signal, air-raid, alert or take-cover signal or the termination of blackout, air-raid, alert or take-cover signal.</text>
    </section>
    <section number="6-113" name="Unauthorized display of emergency management insignia" law="code" slug="sec-6-113" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-113UNDIEMMAIN">
      <level label="a">
        <text>No person shall display any identifying emergency management insignia for any purpose other than that for which it was intended, or under circumstances not authorized by the Director of the Office of Emergency Management.</text>
      </level>
      <level label="b">
        <text>No person shall wear or display in any manner any insignia, sign or device purported to be a emergency management insignia, except when such insignia has been duly issued by the Office of Emergency Management and is displayed in accordance with regulations established by the Director of the Office of Emergency Management.</text>
      </level>
    </section>
    <section number="6-114" name="Interfering with Emergency Management Organization and regulations" law="code" slug="sec-6-114" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-114INEMMAORRE">
      <text>No person shall willfully obstruct, hinder or delay any member of the Office of Emergency Management in the enforcement of any rule or regulation issued pursuant to this Subtitle, or violate any of the rules or regulations issued pursuant to the authority contained in this Subtitle.</text>
    </section>
    <section number="6-115" name="Police to enforce Subtitle" law="code" slug="sec-6-115" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV1GEPR_S6-115POENSU">
      <text>The Police Department is authorized and directed to take any necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this Subtitle.</text>
    </section>
  </unit>
  <unit kind="division" number="2" name="Civil Defense Organization" slug="division-2" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR">
    <section number="6-116" name="Emergency Management Organization; composition" law="code" slug="sec-6-116" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-116EMMAORCO">
      <level label="a">
        <text>The Emergency Management Organization shall consist of the following:</text>
        <level label="1">
          <text>An Office of Emergency Management within the executive body of the County government. There shall be an Executive Head of the Office of Emergency Management, known as the Director of Emergency Management, and such assistants and other persons as are deemed necessary to the proper function of the Organization.</text>
        </level>
        <level label="2">
          <text>The members of the Emergency Management Council.</text>
        </level>
        <level label="3">
          <text>The employees, equipment and facilities of all County departments, boards, institutions and commissions suitable for, or adaptable to, emergency management and designated by the County Executive to participate in the emergency management activity. Duties assigned to a County department shall be analogous to the normal duties of the department.</text>
        </level>
        <level label="4">
          <text>Volunteer persons and agencies offering service to the Organization.</text>
        </level>
      </level>
    </section>
    <section number="6-117" name="Emergency Management rules and regulations; enforcement, inspection" law="code" slug="sec-6-117" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-117EMMARUREENIN">
      <text>The Emergency Management Organization shall establish, and its officers shall execute and enforce, such order, rules and regulations as may be made by the County Executive or the Director of Emergency Management under the provisions of this Subtitle. Such Organization shall have available for inspection at its office all such orders, rules and regulations.</text>
    </section>
    <section number="6-118" name="Emergency Management Organization; Director; appointment" law="code" slug="sec-6-118" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-118EMMAORDIAP">
      <level label="a">
        <text>The Office of the Director of Emergency Management is hereby created.</text>
      </level>
      <level label="b">
        <text>The Director shall be appointed by the Governor pursuant to the provisions of Article 16A, Section 7 of the Annotated Code of Maryland, upon the recommendation of the County Executive.</text>
      </level>
      <level label="c">
        <text>Prior to submission to the Governor, the County Executive shall secure the concurrence of the County Council with his recommendation in the manner set forth in Section 322 of the Charter.</text>
      </level>
      <level label="d">
        <text>The Director shall serve at the pleasure of the County Executive and the County Council.</text>
      </level>
      <level label="e">
        <text>The Director shall be a qualified and competent person experienced in public safety, disaster relief, or similar activities.</text>
      </level>
      <level label="f">
        <text>The Director shall perform the duties imposed upon him by this Chapter and all other duties as delegated by the County Executive.</text>
      </level>
    </section>
    <section number="6-119" name="Director of Emergency Management; powers and duties" law="code" slug="sec-6-119" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-119DIEMMAPODU">
      <level label="a">
        <text>The Director of Emergency Management shall be responsible for and have general direction and control over the Emergency Management Organization.</text>
      </level>
      <level label="b">
        <text>The Director is authorized and empowered:</text>
        <level label="1">
          <text>In accordance with the plan and program for emergency management for the County, to procure or cause to be procured supplies and equipment, to institute or cause to be instituted training programs and public information programs, drills, tabletops, functional and full scale exercises, and to take or cause to be taken all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual war, disaster or emergency to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.</text>
        </level>
        <level label="2">
          <text>To make or cause to be made, such studies and surveys of the industries, resources and facilities in this County and surrounding political subdivisions as may be necessary to ascertain the capabilities of the County for emergency management and to plan for the most efficient emergency use thereof.</text>
        </level>
        <level label="3">
          <text>To coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the County for emergency management purposes.</text>
        </level>
        <level label="4">
          <text>To conduct public practice alerts to insure the efficient operation of the Emergency Management Organization and to familiarize the citizens with emergency management regulations and procedures. The Director shall notify the County Council in writing prior to any such practice alerts and embody therein the regulations and procedures pertaining thereto.</text>
        </level>
        <level label="5">
          <text>To coordinate the activity of all public and private agencies comprising the Emergency Management Organization, including coordination of planning and purchasing of emergency management equipment and supplies for the County.</text>
        </level>
        <level label="6">
          <text>To negotiate with owners or persons in control of buildings or other property for the use of such buildings for emergency management purposes and designating suitable buildings as public shelters.</text>
        </level>
        <level label="7">
          <text>To assume such authority and conduct such activity as the County Executive may direct to promote and execute the emergency management plan.</text>
        </level>
        <level label="8">
          <text>The Director shall forward to the County Council, the written reports which are provided to the applicable State agencies relating to the progress of the emergency management program and of the regulations and procedures adopted for the protection of the public.</text>
        </level>
        <level label="9">
          <text>To make, amend, and rescind the necessary orders, rules, and regulations within the limits of the authority conferred upon the Director, and with due consideration to the plans of the State and the Federal government, as well as plans of other political subdivisions for emergency management.</text>
        </level>
        <level label="10">
          <text>Upon the declaration by the County Executive, or by the County Council of a state of emergency or the termination thereof, to issue all necessary proclamations as to the existence thereof, and the immediate operational effectiveness of the emergency management plan.</text>
        </level>
      </level>
    </section>
    <section number="6-120" name="Director of Emergency Management; compensation" law="code" slug="sec-6-120" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-120DIEMMACO">
      <text>The compensation of the Director of Emergency Management shall be fixed in accordance with the Executive Pay Plan.</text>
    </section>
    <section number="6-121" name="Director of Emergency Management; removal" law="code" slug="sec-6-121" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-121DIEMMARE">
      <text>The Director of Emergency Management shall be subject to removal from office by the County Executive and County Council for incompetency, neglect of duty or malfeasance in office.</text>
    </section>
    <section number="6-122" name="Assistants and employees of Emergency Management Organization; appointment; duties; compensation" law="code" slug="sec-6-122" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-122ASEMEMMAORAPDUCO">
      <text>The Director of Emergency Management shall, in accordance with the provisions of the laws relating to civil service, appoint the assistants and other employees of Emergency Management Organization, prescribe their duties. The compensation of these employees shall be fixed in accordance with the County's salary and classification plans.</text>
    </section>
    <section number="6-123" name="Cooperate and comply with orders of Director; notify of attack, natural disaster or civil emergency" law="code" slug="sec-6-123" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-123COCOORDINOATNADICIEM">
      <level label="a">
        <text>All officers and employees of the departments, commissions, boards, institutions and other agencies of the County government designated by the County Executive as emergency management forces shall cooperate with the Director in the formulation of the emergency management plan, and shall comply with the orders of the Director of Emergency Management when such orders are issued pursuant to the provisions of this Subtitle.</text>
      </level>
      <level label="b">
        <text>All such emergency management forces shall apprise the Director of conditions in the County resulting from attack, natural disaster or civil emergency, and shall notify the Director of any condition threatening to reach the proportions of a natural disaster.</text>
      </level>
      <level label="c">
        <text>Failure to notify the Director of Emergency Management as required in Subsection (b) of this Section shall not prevent the Director from exercising any authority assigned to him in this Subtitle or delegated to him by the County Executive.</text>
      </level>
    </section>
    <section number="6-124" name="Auxiliary and special police" law="code" slug="sec-6-124" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV2CIDEOR_S6-124AUSPPO">
      <text>During the existence of a state of war, the County Executive shall have the authority to appoint the necessary number of auxiliary or special police, with such qualifications and with such powers and authorities as may be prescribed by regulation.</text>
    </section>
  </unit>
  <unit kind="division" number="3" name="Civil Defense Organization Members" slug="division-3" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME">
    <section number="6-125" name="Appointment of emergency management volunteers" law="code" slug="sec-6-125" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-125APEMMAVO">
      <level label="a">
        <text>The Director may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of any County activity in time of emergency management emergency. Such volunteer citizens shall be enrolled as emergency management volunteers in cooperation with the heads of the County departments affected, and shall be subject to the rules and regulations set forth by the Director of such volunteers.</text>
      </level>
      <level label="b">
        <text>The Director may also appoint volunteer citizens to form the personnel of an emergency management service for which the County has no counterpart, or to temporarily augment personnel of the County engaged in emergency management activity.</text>
      </level>
    </section>
    <section number="6-126" name="Oath required of emergency management workers" law="code" slug="sec-6-126" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-126OAREEMMAWO">
      <text>Each person serving as a member of the Emergency Management Council, or as an officer, employee or volunteer in any capacity in the Emergency Management Organization shall, prior to assuming his duties, take an oath which shall be substantially as follows:</text>
      <text>I, ________________________ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of this State against all enemies, foreign or 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 the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Emergency Management Organization I will not advocate nor become a member or an affiliate of any organization, group or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence.</text>
    </section>
    <section number="6-127" name="Reimbursement for expenses" law="code" slug="sec-6-127" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-127REEX">
      <text>The members of the Emergency Management Organization and the Director may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties with the approval and consent of the County Council, excepting that in cases of emergency, the County Executive may direct reimbursement of members of the Emergency Management Organization from emergency management funds made available by the County Council.</text>
    </section>
    <section number="6-128" name="Political activities prohibited" law="code" slug="sec-6-128" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-128POACPR">
      <level label="a">
        <text>The Emergency Management Organization established under this Division, shall not participate in or be employed directly or indirectly in any political activity or for any political purpose.</text>
      </level>
      <level label="b">
        <text>No person shall be employed or directly associated with the Emergency Management Organization in any capacity who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this State, or of this County, 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.</text>
      </level>
      <level label="c">
        <text>All County employees may participate or refrain from participating in partisan political activity. County employees shall not engage in partisan political activity during their hours of employment.</text>
      </level>
    </section>
    <section number="6-129" name="Rights, privileges and immunities of County employees assigned to emergency management forces" law="code" slug="sec-6-129" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-129RIPRIMCOEMASEMMAFO">
      <text>County employees assigned to duty as part of the emergency management forces pursuant to the provisions of this Subtitle shall retain all of the rights, privileges and immunities of County employees, and shall receive compensation incident to their employment.</text>
    </section>
    <section number="6-130" name="Limit of liability for compensation for injuries or death of emergency management volunteers" law="code" slug="sec-6-130" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV3CIDEORME_S6-130LILICOINDEEMMAVO">
      <text>The County assumes no liability for injury or death of emergency management volunteers in the performance of their duty as such volunteers, except that which is imposed by State law or by this Code or other ordinance or resolution of the County Council; provided, however, that emergency management volunteers assigned to duty during a period of natural disaster in the County shall be eligible for the benefits of the State Workmen's Compensation law at a rate of compensation commensurate with that of persons performing similar work under conditions of regular employment.</text>
    </section>
  </unit>
  <unit kind="division" number="4" name="Civil Defense Council" slug="division-4" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV4CIDECO">
    <section number="6-131" name="Emergency Management Council; composition" law="code" slug="sec-6-131" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV4CIDECO_S6-131EMMACOCO">
      <level label="a">
        <text>There is hereby created an Emergency Management Council which shall be composed of seven (7) members, as follows:</text>
        <level label="1">
          <text>Director. The Director of the Emergency Management Organization shall also serve as the Director of the Emergency Management Council.</text>
        </level>
        <level label="2">
          <text>Assistant Director. The Assistant Director shall be appointed by the Director.</text>
        </level>
        <level label="3">
          <text>Representatives. The Director shall appoint five (5) members who are residents of the County to serve on the Emergency Management Council. The representatives shall serve without compensation and at the pleasure of the Director.</text>
        </level>
      </level>
    </section>
    <section number="6-132" name="Reserved" law="code" slug="sec-6-132" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV4CIDECO_S6-132RE" />
    <section number="6-133" name="Emergency Management Council; powers and duties" law="code" slug="sec-6-133" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV4CIDECO_S6-133EMMACOPODU">
      <text>The Emergency Management Council shall act as an advisory and planning group. The Emergency Management Council shall recommend for adoption an Emergency Management Plan for the County and all measures, contracts, mutual aid plans and agreements which are deemed necessary for the implementation of an emergency management plan. The Emergency Management Council shall make a continuing study of the need for amendments and improvements in the Emergency Management Plan.</text>
    </section>
  </unit>
  <unit kind="division" number="5" name="Declaration of Emergency" slug="division-5" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV5DEEM">
    <section number="6-134" name="Declaration of emergency" law="code" slug="sec-6-134" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV5DEEM_S6-134DEEM">
      <text>Whenever, in the judgment of the County Executive, an emergency exists the County Executive shall issue a written proclamation of the existence of the emergency and issue such rules and regulations as deemed necessary to control the situation.</text>
    </section>
    <section number="6-135" name="Proclamation; orders and regulations" law="code" slug="sec-6-135" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV5DEEM_S6-135PRORRE">
      <level label="a">
        <text>After proclamation of an emergency, the County Executive may order a general curfew applicable to such geographical areas of the County or to the County as a whole, as deemed advisable, and applicable during such hours as deemed necessary in the interest of the public safety and welfare.</text>
      </level>
      <level label="b">
        <text>After proclamation of an emergency, the County Executive may also, in the interest of public safety and welfare, make any or all of the following orders:</text>
        <level label="1">
          <text>Order the closing of all retail liquor stores;</text>
        </level>
        <level label="2">
          <text>Order the closing of all taverns;</text>
        </level>
        <level label="3">
          <text>Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted;</text>
        </level>
        <level label="4">
          <text>Order the discontinuance of the sale of beer and/or liquor;</text>
        </level>
        <level label="5">
          <text>Order the discontinuance of selling, distributing or giving away gasoline or other flammable or combustible liquids or products in any container other than a gasoline tank properly affixed to a motor vehicle;</text>
        </level>
        <level label="6">
          <text>Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution, or dispensing of flammable or combustible liquids or products;</text>
        </level>
        <level label="7">
          <text>Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever;</text>
        </level>
        <level label="8">
          <text>Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms and/or ammunition;</text>
        </level>
        <level label="9">
          <text>Order that no person shall carry, possess or use any club, brick or gasoline filled bottle or container with a fuse type wick inserted in the neck, or gasoline or petroleum base fire-bomb or other incendiary missile or weapon;</text>
        </level>
        <level label="10">
          <text>Order if deemed necessary, the closing of any and all business, commercial and industrial establishments;</text>
        </level>
        <level label="11">
          <text>Call upon regular and auxiliary law enforcement agencies and organizations within or without the County to assist in preserving and keeping the peace;</text>
        </level>
        <level label="12">
          <text>Designate any public street, thoroughfare, or vehicle parking area closed to motor vehicle and pedestrian traffic; and</text>
        </level>
        <level label="13">
          <text>Issue such other orders as are imminently necessary for the protection of life and property.</text>
        </level>
      </level>
      <level label="c">
        <text>During the existence of a state of war involving the United States, the County Executive, subject to the approval of the necessary State or Federal authorities, is authorized to prepare for the evacuation from the County, or any part thereof, all persons they determine necessary for public safety. For this purpose the County Executive shall negotiate with the proper authorities of any State of the United States, the District of Columbia, or any subdivision thereof, to provide for the reception, housing, maintenance, and care of evacuees. The Director of the Emergency Management Organization shall prepare all necessary plans for the conduct of such evacuation. When the public interest or the safety of such persons creates the necessity the County Executive may order and compel, subject to the approval of the Secretary of Defense, and any such persons designated by the Secretary of Defense, the evacuation from the County of any such persons to such place as the County Executive may designate. For the purpose of compelling evacuation, the County Executive may authorize custody by the authorized special police of any person, which custody shall be effective until the point of destination has been reached.</text>
      </level>
    </section>
    <section number="6-136" name="Effective date of proclamation; termination" law="code" slug="sec-6-136" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV5DEEM_S6-136EFDAPRTE">
      <text>Upon filing with the Clerk the proclamation, it shall become effective, having the force of law, and it shall remain in full force and effect until it has been terminated by filing a copy of the termination with the Clerk by the County Executive.</text>
    </section>
    <section number="6-137" name="Assistance from Governor or State agencies" law="code" slug="sec-6-137" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV5DEEM_S6-137ASGOSTAG">
      <text>County Executive or his successor may inform the Governor of the State, or his duly authorized agent, that a disaster is threatened or has occurred and may request the Governor to declare a portion or all of the County as an emergency management or disaster area. The County Executive shall be authorized to request the Governor to declare the County in a state of emergency pursuant to Section 6A, Article 16A, Annotated Code of Maryland, and to request the assistance of the State Police, or request the Governor to call for a State militia to restore the peace and order of the County.</text>
    </section>
  </unit>
  <unit kind="division" number="6" name="Continuity of Government" slug="division-6" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO">
    <section number="6-138" name="Definitions" law="code" slug="sec-6-138" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-138DE">
      <level label="a">
        <text>As used in this Division:</text>
        <level label="1">
          <text>Emergency interim successor shall mean a person designated pursuant to this Division for possible temporary succession to the powers and duties, but not the office, of a County officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.</text>
        </level>
        <level label="2">
          <text>Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.</text>
        </level>
      </level>
    </section>
    <section number="6-139" name="Emergency interim successors; appointment; review" law="code" slug="sec-6-139" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-139EMINSUAPRE">
      <level label="a">
        <text>Within thirty (30) days after first entering upon the duties of his office, the County Executive, each member of the Council, the Clerk, the Director of Finance, the County Attorney, and each Judge of the Circuit Court shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his office and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for the office.</text>
      </level>
      <level label="b">
        <text>The Council shall within the time specified in Subsection (a) of this Section, in addition to any duly authorized deputy, designate for appointive officers including the Chief Administrative Officer, Chief of Police, Fire Chief and Health Officer such number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for each officer.</text>
      </level>
      <level label="c">
        <text>The incumbent in the case of those elective officers specified in Subsection (a) of this Section, and the Council in the case of those appointive officers specified in Subsection (b) of this Section, shall review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three (3) qualified emergency interim successors or duly authorized deputies of any combination thereof for each officer specified.</text>
      </level>
    </section>
    <section number="6-140" name="Emergency interim successor; qualifications; status" law="code" slug="sec-6-140" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-140EMINSUQUST">
      <level label="a">
        <text>No person shall be designated or serve as an emergency interim successor unless he may under the Constitution and Statutes of this State and the Charter or Ordinances of this County, hold the office of the person to whose powers and duties he is designated to succeed. No provision of any ordinance prohibiting an officer or employee of this County from holding another office shall be applicable to an emergency interim successor.</text>
      </level>
      <level label="b">
        <text>Any person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointee of the authorized designator.</text>
      </level>
    </section>
    <section number="6-141" name="Assumption of powers and duties of officer by emergency interim successor" law="code" slug="sec-6-141" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-141ASPODUOFEMINSU">
      <text>If in the event of an attack any officer named in Subsections (a) and (b) of Section 6-139 and any duly authorized deputy is unavailable, his emergency interim successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or any an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exist, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.</text>
    </section>
    <section number="6-142" name="Recording and publication of successors" law="code" slug="sec-6-142" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-142REPUSU">
      <text>The name, address and rank in order of succession of each duly authorized deputy shall be filed with the Clerk and each designation, replacement, or change in order of succession of an emergency interim successor shall become effective when the designator files with the Clerk, the successor's name, address and rank in order of succession. The Clerk shall keep on file all such data regarding duly authorized deputies and emergency interim successors. The data shall be open to public inspection.</text>
    </section>
    <section number="6-143" name="Formalities of taking office" law="code" slug="sec-6-143" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-143FOTAOF">
      <text>At the time of their designation, emergency interim successors shall take such oath and do such things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.</text>
    </section>
    <section number="6-144" name="Quorum and vote requirements; suspension" law="code" slug="sec-6-144" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV6COGO_S6-144QUVORESU">
      <level label="a">
        <text>In the event of an attack:</text>
        <level label="1">
          <text>Quorum requirements for the Council shall be suspended; and</text>
        </level>
        <level label="2">
          <text>Where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.</text>
        </level>
      </level>
    </section>
  </unit>
  <unit kind="division" number="7" name="Office of Public Safety Communications" slug="division-7" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO">
    <section number="6-145" name="Office of Public Safety Communications" law="code" slug="sec-6-145" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO_S6-145OFPUSACO">
      <text>Pursuant to the Charter, within the Office of Homeland Security, there shall be an Office of Public Safety Communication responsible for the management of an integrated public safety and emergency communication system.</text>
    </section>
    <section number="6-145.1" name="Definitions" law="code" slug="sec-6-145.1" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO_S6-145.1DE">
      <text>In this Division the following words and terms shall have the following meanings:</text>
      <level label="a">
        <text>Department means the Prince George's County Office of Public Safety Communication.</text>
      </level>
      <level label="b">
        <text>First Responder means an individual dispatched to assist a member of the public through a 9-1-1 system subject to Section 6-148. It includes an individual who provides the Police Department, Fire/EMS, Mobile Crisis Response, Sheriff Department, and Municipalities with information about another individual regarding certain behaviors, diagnoses, or traits of individuals with special needs.</text>
      </level>
      <level label="c">
        <text>9-1-1 Specialist means an employee of a County public safety answering point whose duties and responsibilities include: receiving and processing 911 requests for emergency services or dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.</text>
      </level>
    </section>
    <section number="6-146" name="Established" law="code" slug="sec-6-146" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO_S6-146ES">
      <level label="a">
        <text>The Department shall maintain an Emergency 9-1-1 Voluntary Call Registry that enables an adult, parent, or guardian of a minor child, or individual with guardianship of the person to provide information to the Department via the registry to alert First Responder(s) encountering a registered individual that the individual:</text>
        <level label="1">
          <text>May exhibit certain behaviors, including that the individual may be:</text>
          <level label="A">
            <text>Nonspeaking or the user of a communication device,</text>
          </level>
          <level label="B">
            <text>Sensitive to loud sounds,</text>
          </level>
          <level label="C">
            <text>Sensitive to bright lights,</text>
          </level>
          <level label="D">
            <text>Sensitive to touch,</text>
          </level>
          <level label="E">
            <text>Delayed with response times,</text>
          </level>
          <level label="F">
            <text>Prone to avoid eye contact,</text>
          </level>
          <level label="G">
            <text>Unaware of danger, or</text>
          </level>
          <level label="H">
            <text>Prone to wander or elope, or</text>
          </level>
        </level>
        <level label="2">
          <text>Has one or more of the following diagnoses or traits:</text>
          <level label="A">
            <text>Blind or low vision;</text>
          </level>
          <level label="B">
            <text>Deaf or hard of hearing;</text>
          </level>
          <level label="C">
            <text>Wheelchair user;</text>
          </level>
          <level label="D">
            <text>Alzheimer's or dementia;</text>
          </level>
          <level label="E">
            <text>Autism;</text>
          </level>
          <level label="F">
            <text>Mental health disability;</text>
          </level>
          <level label="G">
            <text>Intellectual disability;</text>
          </level>
          <level label="H">
            <text>Physical disability; or</text>
          </level>
          <level label="I">
            <text>Developmental disability.</text>
          </level>
        </level>
      </level>
      <level label="b">
        <text>Participation in the Emergency 9-1-1 Voluntary Call Registry program under this Division does not create a private cause of action.</text>
      </level>
      <level label="c">
        <text>The Department shall provide information to the public about the program and inform the public about how to register for the program.</text>
        <level label="1">
          <text>A registrant may opt-into the program at any time.</text>
        </level>
        <level label="2">
          <text>Annual notifications will be sent to all active registrants on October 1st, November 1st, and December 1st for the purpose of confirming continued participation.</text>
        </level>
        <level label="3">
          <text>Any registrant that fails to confirm continued participation on or before December 31st of each year, shall be automatically deleted from the registry as of January 1st.</text>
        </level>
        <level label="4">
          <text>It is the responsibility of the registrant to ensure the information provided in the registry is up to date and accurate.</text>
        </level>
        <level label="5">
          <text>One residential address is required to participate in the registry.</text>
        </level>
        <level label="6">
          <text>The Department shall provide information to the public about how to opt out of the program.</text>
        </level>
      </level>
      <level label="d">
        <text>Any adult, parent, guardian of a minor child, or individual with guardianship of the person who provides information for the registry shall use the form provided by the Department, certify to the accuracy of the information provided, and agree to notify the Department of any changes using the form provided by the Department.</text>
      </level>
    </section>
    <section number="6-147" name="Health Insurance Portability and Accountability Act (HIPAA) Provision for the Emergency 9-1-1 Voluntary Call Registry" law="code" slug="sec-6-147" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO_S6-147HEINPOACACHIPREM9-1-1VOCARE">
      <text>Participation in the Emergency 9-1-1 Voluntary Call Registry is entirely voluntary and requires the authorization of the registrant to provide health information about an individual with certain behaviors, diagnoses, or traits of special needs.</text>
      <text>All information provided by registrants for inclusion in the 9-1-1 registry shall be treated as confidential and protected health information (PHI) under HIPAA regulations. The information stored in the registry shall only be accessed and utilized for the purpose of providing timely and appropriate emergency medical care or assistance during emergency situations. Any other use or disclosure of this information is strictly prohibited except as otherwise required by law. By participating in the registry, registrants acknowledge and consent to the collection and use of the health information provided as outlined in this provision, in accordance with HIPAA regulations.</text>
    </section>
    <section number="6-148" name="Exceptions" law="code" slug="sec-6-148" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_6EMMA_DIV7OFPUSACO_S6-148EX">
      <text>The Office of Public Safety Communication is not responsible for the management of an integrated public safety and emergency communication system for the following entities with jurisdiction within the County:</text>
      <level label="a">
        <text>Maryland State Police;</text>
      </level>
      <level label="b">
        <text>Maryland Park Police;</text>
      </level>
      <level label="c">
        <text>Bladensburg;</text>
      </level>
      <level label="d">
        <text>Bowie;</text>
      </level>
      <level label="e">
        <text>Greenbelt;</text>
      </level>
      <level label="f">
        <text>Hyattsville;</text>
      </level>
      <level label="g">
        <text>Laurel; or</text>
      </level>
      <level label="h">
        <text>Riverdale Park.</text>
      </level>
    </section>
  </unit>
</unit>
