Quote
szalkowski
Point of information: one can not be forced to leave their property solely by a fire evacuation order. A court order would be needed... an option which authorities are very hesitant to persue. If you decide to stay, you must remain on your property or face prosecution.
That issue has always been puzzling to me why a "mandatory evacuation" can still result in individuals remaining and does not mean everyone MUST leave.
Perhaps some state variations. Here are some references on the issue.
If there was a trespassing citation, it would seem that there must have been a complaint filed by someone who suffered the trespass.
http://latimesblogs.latimes.com/booster_shots/2009/09/evaculation-katrina-fires.html-------
http://www.pbs.org/newshour/bb/weather/july-dec09/fires_09-01.html-------
regarding California, 1997 document:
WHAT ARE THE MEANS FOR IMPOSING A MANDATORY-----
EVACUATION?
A. There are three different means for imposing a mandatory evacuation.
Penal Code Penal Code section 409.5 authorizes officers of the highway patrol,
section police departments, marshal’s office or sheriff’s office and certain other
409.5 designated law enforcement officers to close an area whenever there is a
menace to public health or safety.
Although that section is often utilized during emergencies, it is unclear
whether it may be used to remove persons who were within the area prior to
it being ordered closed. Also, only those officers specifically named in that
statute may enforce it.
State of Although a local governing body has inherent policy powers to protect
local the health and safety of its people, Government Code sections 8558,
emergency subdivision (c) and 8630 authorize the local governing body to declare a
“state of local emergency” pursuant to the Emergency Services Act.
When a “state of local emergency” has been declared, the local governing
body may issue orders and regulations “necessary to provide for the
protection of life and property.”26 An order for mandatory evacuation would
be authorized under that section. Failure to comply with any such order is a
misdemeanor and subject to imprisonment for up to six months and/or a fine
of up to $1,000.27
The advantage of this approach is that local control and coordination are
maintained.
State of The Governor may declare a “state of emergency.”28 During a “state of
emergency emergency” the Governor has complete authority over all state agencies and
the right to exercise all police powers vested in the State, including the
issuance of such orders and regulations as he deems necessary.29
He also may amend or rescind existing orders and regulations30 and
suspend any regulatory statute, any statute prescribing the procedure for
conducting state business, or the orders, rules or regulations of any state
agency.31
26 Gov.
from
http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/Legal%20Guidelines%20for%20Flood%20Evacuation/$file/Feat2.pdf
The cure for a fallacious argument is a better argument, not the suppression of ideas.
-- Carl Sagan
