[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 6-10-1985 (Art. 755 of the 1985 Code of Ordinances). Amendments noted
where applicable.]
The following words and phrases when used in
this chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
The Pennsylvania Emergency Management Agency.
The Pennsylvania Emergency Management Council.
A man-made disaster, natural disaster or war-caused disaster.
Conditions which may, by investigation made, be found, actually
or likely, to:
Affect seriously the safety, health or welfare
of a substantial number of residents of this Township or preclude
the operation or use of essential public facilities;
Be of such magnitude or severity as to render
essential state supplementation of county and local efforts or resources
exerted or utilized in alleviating the danger, damage, suffering or
hardship faced; and
Have been caused by forces beyond the control
of man, by reason of civil disorder, riot or disturbance, or by factors
not foreseen and not known to exist when appropriation bills were
enacted.
The judicious planning, assignment and coordination of all
available resources in an integrated program of prevention, mitigation,
preparedness, response and recovery for emergencies of any kind, whether
from attack, man-made or natural sources.
The preparation for and the carrying out of functions, other
than functions for which military forces are primarily responsible,
to prevent, minimize and provide emergency repair of injury and damage
resulting from disasters, together with all other activities necessary
or incidental to the preparation for and carrying out of those functions.
The functions include, without limitation, firefighting services,
police services, medical and health services, rescue, engineering,
disaster warning services, communications, radiological, shelter,
chemical and other special weapons defense, evacuation of persons
from stricken areas, emergency welfare services, emergency transportation,
emergency resources management, existing or properly assigned functions
of plant protection, temporary restoration of public utility services
and other functions related to civilian protection.
The condition declared by the Board of Commissioners when
in its judgment the threat or actual occurrence of a disaster is or
threatens to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby. A local emergency
arising wholly or substantially out of a resource shortage may be
declared only by the Governor, upon petition of the Board of Commissioners,
when he deems the threat or actual occurrence of a disaster to be
of sufficient severity and magnitude to warrant coordinated local
government action to prevent or alleviate the damage, loss, hardship
or suffering threatened or caused thereby.
Any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, natural resource shortage or other condition,
except enemy action, resulting from man-made causes, such as oil spills
and other injurious environmental contamination, which threatens or
causes substantial damage to property, human suffering, hardship or
loss of life.
Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought,
fire, explosion or other catastrophe which results in substantial
damage to property, hardship, suffering or possible loss of life.
Any county, city, borough, incorporated town or township,
including the Township of Lower Allen.
The absence, unavailability or reduced supply of any raw
or processed natural resource, or any commodities, goods or services
of any kind which bear a substantial relationship to the health, safety,
welfare and economic wellbeing of the citizens of this commonwealth.
The Township of Lower Allen, Cumberland County, Pennsylvania.
Any condition following an attack upon the United States
resulting in substantial damage to property or injury to persons in
the United States caused by use of bombs, missiles, shellfire, nuclear,
radiological, chemical or biological means, or other weapons or overt
paramilitary actions, or other conditions such as sabotage.
[Amended 11-10-1997 by Ord. No. 97-16]
Under the authority granted by 35 Pa. C.S.A.
§ 7101, a disaster emergency may be declared by the Board
of Commissioners upon finding a disaster has occurred or is imminent.
The President of the Board of Commissioners may declare a disaster
emergency subject to ratification by the Board. The declaration shall
not be continued or renewed for a period in excess of seven days except
by or with the consent of the Board. Any order or resolution declaring,
continuing or terminating a disaster emergency shall be given prompt
and general publicity and shall be filed promptly with Cumberland
County and the Commonwealth of Pennsylvania Emergency Management Agencies.
The effect of a declaration of a disaster emergency is to activate
the response and recovery aspects of any and all applicable local
emergency management plans and to authorize the furnishing of aid
and assistance thereunder.
In the event of declaration of a disaster emergency by the Governor or as provided in § 15-2, the Board of Commissioners, or the President of the Board, subject to ratification by the Board, may do the following:
B.
Authorize the Chief of Police or equivalent official
or any police officer, any employee of the Township, any person temporarily
authorized to so act, any member of the Pennsylvania State Police,
or any member of the armed forces of the United States or of the Pennsylvania
National Guard to open or close any street, whether public or private,
to establish one-way streets, to regulate traffic, to prohibit or
regulate stopping, standing or parking of vehicles, to establish speed
limits, to prohibit or restrict use of any street, to designate any
streets, as a through street, prohibit or regulate the turning of
vehicles, prohibit or regulate use of designated street remove any
vehicle parked in violation of such order, to prohibit and regulate
movement of vehicles or persons on any street and adopt such other
traffic regulations as the circumstances may reasonably require.
[Amended 1-4-2016 by Ord.
No. 2016-01]
C.
Establish a curfew from 9:00 p.m. to 7:00 a.m., prevailing
time, or at any time to control movement on streets. During such curfew,
no person shall be or remain upon any street or alley or other public
place in the Township, unless such person is going to or from a place
of lawful employment, a hospital, a physician or other health care
provider or performing a lawful duty directly related to the disaster
emergency.
D.
To enter into mutual aid agreements with adjacent
political subdivisions for reciprocal emergency assistance consistent
with plans and programs of the Agency.
E.
To render assistance in accordance with the provisions
of the mutual aid agreements.
F.
Where the Governor declares a disaster emergency,
to acquire temporary or permanent sites, by purchase, lease or otherwise,
required for installation of temporary housing units for disaster
victims and to enter into whatever arrangements are necessary to prepare
or equip the sites to utilize the housing units.
G.
To perform public work, to enter into contracts, to
incur obligations, to employ temporary workers, to rent equipment,
to purchase supplies and materials and to appropriate and expend public
funds.
H.
To require personnel essential to police, fire, security,
public utilities and other governmental functions to perform such
functions as required to provide for the health, welfare and safety
of the community after evacuation.
I.
To regulate and control agricultural, commercial and
industrial functions related to the security, health, welfare and
safety of the community.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Whosoever violates any provision of § 15-3B or C shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Cumberland County.
