Municipality of Monroeville, PA Chapter 35 Emergency Management

[HISTORY: Adopted by the Municipal Council of the Municipality of Monroeville 7-12-1983 by Ord. No. 1373. Amendments noted where applicable.]

§ 35-1 Definitions.

The following words and phrases, when used in this chapter, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

AGENCY

The Pennsylvania Emergency Management Agency.

DISASTER

A man-made disaster, natural disaster or war-caused disaster.

EMERGENCY MANAGEMENT

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.

EMERGENCY SERVICES

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.

LOCAL EMERGENCY

The condition declared by the local governing body when in their 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 local governing body, 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.

LOCAL ORGANIZATION

A local emergency management organization.

MAN-MADE DISASTER

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.

NATURAL DISASTER

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.

POLITICAL SUBDIVISION

Any county, city, borough, incorporated town or township.

RESOURCE SHORTAGE

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 well-being of the citizens of this commonwealth.

WAR-CAUSED DISASTER

Any condition following an attack upon the United States resulting in substantial damage to property in 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.

§ 35-2 Agency established.

The Monroeville Emergency Management Agency is hereby established and is hereby recognized as the successor to the Office of Civil Defense of the Borough of Monroeville.

§ 35-3 Powers and duties of agency.

The powers and duties of the Monroeville Emergency Management Agency shall be:

A. To coordinate the preparation and maintenance of a current disaster emergency management plan for the prevention and minimization of injury and damage for prompt and effective response to disaster; and for disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan;

B. To coordinate the establishment, equipping and staffing of an emergency operations center, consolidated with warning and communications systems to support government operations in emergencies; and to coordinate the provisions of other essential facilities and equipment for agencies and activities assigned emergency functions;

C. To coordinate individual and organizational training programs to insure prompt, efficient and effective disaster emergency services;

D. To coordinate the organization and preparation of all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery;

E. To coordinate the adoption and implementation of precautionary measures to mitigate the anticipated effects of disaster;

F. To cooperate with any public and private agency or entity in achieving any purpose herein;

G. To have available for inspection at its emergency operations center all emergency management plans, rules and orders of the Governor and of the Pennsylvania Emergency Management Agency, the Allegheny County Emergency Management Agency and the Monroeville Emergency Management Agency;

H. To provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth, county and Municipal officials and agencies and to the general public as well; and

I. To render assistance in times of emergency in accordance with the provisions of mutual aid agreements.

§ 35-4 Coordinator established; powers and duties; control; recommendation.

A. The position of Monroeville Emergency Management Agency Coordinator is hereby established with the following powers and duties:

(1) The Coordinator shall be appointed by the Governor upon the recommendation of the Mayor.[1]

[1] Editor's Note: See also Subsection B of this section.

(2) The Coordinator shall be responsible for the planning, administration and operation of the Monroeville Emergency Management Agency, subject to the direction and control of the Mayor and Council as provided herein.

(3) The Coordinator shall attend basic and advanced seminars, workshops and training conferences called by the State Director and/or official having responsibility for providing the Coordinator with in-service training.

(4) The Coordinator shall be reimbursed for actual expenses incurred in the performance of his duties and attendance at scheduled meetings.

(5) The Coordinator shall develop mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance.

(a) Said agreements shall be consistent with the plans and programs of the Pennsylvania Emergency Management Agency.

(b) Said agreements shall be ratified by the governing bodies of the political subdivisions involved.

(c) Support forces furnished a political subdivision from outside its jurisdiction pursuant to said agreements shall be under the operational control of the department, agency or office furnishing the force.

B. In accordance with the Pennsylvania Emergency Management Service Code, 35 Pa.C.S.A. § 7101 et seq., at 35 Pa.C.S.A. § 7502(a) and (c), the Coordinator of the Monroeville Emergency Management Agency shall be subject to the direction and control of the Mayor, or in his absence the Deputy Mayor, or in his absence the Municipal Manager, and the Municipal Mayor is hereby authorized to recommend, to the Governor of the Commonwealth of Pennsylvania, appropriate personnel to serve as an Emergency Management Coordinator.

[Added 5-13-1986 by Ord. No. 1529; amended 12-13-1988 by Ord. No. 1653; 7-8-1997 by Ord. No. 2042]

§ 35-5 Declaration of local emergency; ratification.

[Amended 5-13-1986 by Ord. No. 1529]

In accordance with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A. § 7101 et seq., at 35 Pa.C.S.A. § 7501(b), a declaration of a disaster emergency shall be made by the Mayor, or in his absence the Deputy Mayor, or in his absence the Municipal Manager, which declaration of a disaster emergency shall be subject to ratification by Municipal Council.

§ 35-6 Powers and duties of Municipality.

The Municipality shall have the following powers to enter into contracts and incur obligations necessary to disaster emergency management, response and recovery:

A. Upon declaration of a disaster emergency, the Municipality is authorized pursuant to Section 7301(c) of P.L. 1332[1] to exercise the powers vested under this chapter in the light of the exigencies of the emergency situation without regard to procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.

[1] Editor's Note: See 35 Pa.C.S.A. § 7301(c).

B. The Municipality shall have the power to make appropriation for the payment of expenses of the Monroeville Emergency Management Agency in the manner provided by law for making appropriations for the ordinary expenses of the Municipality.

C. The Monroeville Emergency Management Agency shall be deemed an agency, board or commission of the Municipality, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the Municipality.

D. Any gift or grant of money made to the Monroeville Emergency Management Agency or to the Municipality of Monroeville for the payment of expenses incurred or to be incurred by or for the Monroeville Emergency Agency shall be deposited in the treasury of the Municipality and shall be appropriated by the Municipality for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this chapter.

§ 35-7 Liability; compensation for injury.

A. Neither the Municipality nor the Monroeville. Emergency Management Agency; nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any emergency services activities; nor, except in cases of willful misconduct or gross negligence, any individual or other persons under contract with them to provide equipment or work on a cost basis to be used in disaster relief; nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or an agent or employee of any of them engaged in disaster services activities, while complying with or attempting to comply with this chapter, shall be liable for the deaths of or any injury to persons or loss or damage to property as a result of that activity.

B. All duly enrolled emergency management volunteers who are not eligible to receive benefits under the worker's compensation laws shall be entitled, except during a state of war or periods of armed conflict within the continental limits of the United States, to those benefits which are authorized by 35 Pa.C.S.A. § 7706 of P.L. 1332, as amended, relating to injuries sustained while actually engaged in emergency management activities or en route to and from emergency management tests or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by that Agency.

C. This does not affect the right of any person to receive benefits to which he would otherwise be entitled under the workers' compensation laws or under any pension law, nor the right of any person to receive any benefits or compensation under any federal law.

§ 35-8 Violations and penalties.

Any person violating any of the plans and programs adopted and promulgated pursuant to this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $200 or imprisonment not exceeding 30 days, or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, for each subsequent offense.

§ 35-9 Committee established to review plan.

[Added 5-13-1986 by Ord. No. 1529]

A. In accordance with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A. § 7101 et seq., a Committee shall be established consisting of the following:

(1) Representatives from the Monroeville volunteer fire and ambulance personnel, which representatives shall be designated by the Monroeville volunteer fire and ambulance personnel.

(2) Representatives from Monroeville Municipal Council to be designated by the Deputy Mayor.

(3) The Fire Official.

(4) The Public Safety Director.

(5) The Police Chief.

(6) The Municipal Manager.

B. Said Committee shall review and, if necessary, rewrite and further clarify the Monroeville Emergency Management Plan and define relationships between the Municipality and volunteer fire and ambulance personnel.

§ 35-10 Emergency management plan adopted.

[Added 12-13-1988 by Ord. No. 1653]

In accordance with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A. § 7101 et seq., the attached exhibit is hereby adopted as the official Emergency Management Plan of the Municipality of Monroeville.[1]

[1] Editor's Note: Said Emergency Management Plan is on file in the Municipal offices.