The implications of, and the differences among, several types of emergency declarations which may be issued during weather or other large scale emergencies which might occur in Scioto County can be confusing to the public. This document is intended to help reduce such confusion and, among other things, minimize the calls to local emergency agencies requesting information on the subject during an emergency. It is a cooperative effort between the Scioto County Sheriff's Department, Scioto County Emergency Management Agency, the Portsmouth Police Department and The Ohio Highway Patrol. It is not meant to be a legal document.
This type of declaration may be issued by the sheriff or the mayor. As it addresses snow or ice storms, a sheriff declaration is an order for county and township roads, state highways or municipal streets to be used only for priority travel. A mayor's declaration similarly covers city or village streets. It is meant to keep traffic to a minimum to allow roads to be cleared and/or treated as quickly as possible and/or to discourage driving on treacherous roads. Persons found to be using the affected roads or streets for non-priority uses may be cited for "misconduct at an emergency" under Ohio Revised Code Sections 311.07/08; 2917.13 et al, in addition to other charges. What constitutes "non-priority use" is subject to determination by the officer issuing the citation. It is unlikely that such a citation will be issued unless the driver gets "hung-up", is involved in an accident or is observed by an officer to be operating his/her vehicle in an unsafe manner. It is possible that someone so charged may be able to later convince a court that he/she was in fact making reasonable use of the road because his/her workplace was not closed due to the snow (or the court may indeed uphold the citation). In other types of emergencies, it may have other implications such as establishing areas which are closed off entirely, etc., for public safety.
This declaration is used when natural or man-made events have occurred that begin to spread thin the resources available to handle such an occurrence at the local level. This declaration would be used in all situations where the County Emergency Management Agency would ask the Governor to make state help available to the County and/or City because local capabilities are being overwhelmed by the event. It does not modify in any way the state of emergency as declared by the sheriff or mayor that restricts travel.
This declaration may come in response to the County Commissioners Declaration as the Governor agrees that state help is needed based on the situation and state Emergency Management Agency recommendations. It may or may not have a bearing on orders issued by local officials restricting travel, etc.
Like the Governor's Declaration this declaration means that Federal help is approved in a given situation. It's establishment or removal has no bearing on the status of local travel restrictions, etc., as discussed earlier.
None of the declarations discussed here are intended to address private or local government employer-employee rights or responsibilities. The best policy is to discuss the issue with your employer/employees ahead of time, or, failing that, at the time of the emergency declaration. Please do not call emergency agencies to ask what a declaration means to your employment rights or responsibilities. They will be unable to advise you regarding private employers or local government entities and need to be concentrating their resources on other issues during an emergency. If an employee is directed to travel to work as a "critical employee" while a travel restriction is in place and he/she receives a citation his/her employer may discuss the citation with the arresting agency. With regard to Shawnee State University, the school is controlled by it's Board of Trustees and is not directly affected by orders of the Governor affecting other state employees {i.e. closing state offices or directing that state vehicles not be driven). Only the president of the university or the president's designee is empowered to authorize a partial or complete closing of the school. In making this type of determination, the university must obviously try to balance the best interests of its students, faculty and staff.
Per an Ohio Attorney General Opinion, the sheriff of an Ohio county may declare a Snow Emergency and temporarily close county, township, state and city roadways within his jurisdiction for the preservation of the "public peace". In the event of a possible snow emergency, the sheriff will consult with the county emergency management agency, the county engineering office, the Ohio Department of Transportation, township and county elected leadership, and on-duty deputies. Using information received, the sheriff will then declare a snow emergency as either Level 1, Level 2, or Level 3. Level 1 Snow Emergency means that conditions exist on primary and/or secondary roads, county or city, that would constitute a concern for driving safety. Caution should be used when traveling due to deteriorating road conditions. Level 2 Snow Emergency means that hazardous conditions exist on primary and/or secondary roads, county or city, that would constitute a concern for driving for non-essential reasons. Only those who feel it is necessary to drive should be out on primary and/or secondary roadways. Contact your employer to see if you should report to work. Level 3 Snow Emergency means all area roadways are closed to non-emergency personnel and/or traffic. No one should be out during these conditions unless it is absolutely necessary to travel. Non-emergency drivers may be subject to citation. Vehicles abandoned on county or township roadways will be removed from the path of snow plows at the owner's expense. All employees should contact their employer to see if they should report to work. In the event of a Snow Emergency, the sheriff or Emergency Management Office will contact area news media and the other agencies with notification of the snow emergency. In addition, the sheriff will stay in contact with appropriate agencies to determine the road and weather conditions which will result in an upgrade or a cancellation of the snow emergency. Following the danger period, the sheriff will notify all area news media and advise them of the cancellation of the snow emergency or any other changes that might effect the roadways.
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