[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 12-13-1976 by Ord. No. 248. Amendments
noted where applicable.]
The declared purposes of this chapter are to
provide for the preparation and carrying out of plans, including mock
or practice drills, for the emergency management of persons and property
within this Township and to provide for the coordination of the emergency
management services of this Township with all other political subdivisions,
public agencies and affected private person, corporations, and organizations
in the event of a disaster or extreme emergency. Any expenditures
made in connections with such emergency management services activities,
including mutual aid activities and mock or practice drills, should
be deemed conclusively to be for the direct protection and benefit
of the inhabitants and property of the Township of South Whitehall.
All expenditures shall be approved by the Township Manager and/or
the President of the Board of Commissioners if over $50 on an individual
basis and if in excess of $500 on a cumulative basis.
As used in this chapter, the following terms
shall have the meanings indicated:
Any state of extreme emergency, emergency or major disaster
as defined in Local Emergency Management Organization Act of 1978,
November 26, P.L. 1332, No. 323 or in the Federal Disaster Relief
Act of 1974 or any other state or federal law authorizing appropriation
for relief in the event of a disaster and as found or declared pursuant
to such authority either by the Governor of the Commonwealth of Pennsylvania
or by the President of the United States or his designated representative
and affecting the Township of South Whitehall.
The preparation for the carrying out of all emergency functions,
other than functions for which military forces are primarily responsible,
to prevent, minimize and repair any injury and damage resulting from
disasters. It shall not include, nor does any provision of this chapter
apply to, any condition relating to a labor controversy.
The emergency management services organization within the
Township of South Whitehall which shall have a Director who shall
be appointed and have the powers herein after set forth. The emergency
management services organization in the Township of South Whitehall,
in the event of a disaster proclaimed for the entire Commonwealth
or one or more political subdivision, including the Township of South
Whitehall, shall have the right to exercise the powers vested under
this statute in light of the exigencies of the situation, without
regard to time-consuming procedures and formalities prescribed by
law (excepting mandatory constitutional requirements) 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 expenditures of public funds. In performing
its function, the Township of South Whitehall Emergency Management
Services Organization shall execute and enforce such rules and orders
as the Pennsylvania Emergency Management Agency shall adopt and promulgate
under the authority of the aforesaid State Local Emergency Management
Organization Act of 1978.
A.
There is hereby created the office of the Township
of South Whitehall Emergency Management Director, which shall be responsible
to the Board of Commissioners through the Township Manager. Such officer
shall be appointed by the Governor of Pennsylvania, upon the recommendation
of the Board of Commissioners of the Township of South Whitehall.
Such officer may also be removed upon recommendation of the Board
of Commissioners to the Governor.
B.
The Director is hereby empowered and directed:
(1)
To prepare an emergency management plan for the Township,
conforming to and in cooperation with both the County of Lehigh and
the Pennsylvania Emergency Management Plan.
(2)
To direct the effort of the emergency management organization
of this Township for the accomplishment of the purposes of this chapter.
(3)
To direct coordination and cooperation between divisions,
services, and staff of the emergency management organization of this
Township, and to resolve questions of authority and responsibility
that may arise among them.
(4)
To represent the emergency management organization
of this Township in all dealings with public or private agencies and
other municipalities pertaining to civil defense.
(5)
To attend such training as may be required by the
Pennsylvania Emergency Preparedness Act, 35 P.S. § 7501
et seq., and the Pennsylvania Emergency Management Agency.
In the event of a disaster, the Director is
hereby empowered:
A.
To make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected
by such disaster; provided, however, such rules and regulations must
first be approved by the Township Board of Commissioners, if practicable,
discussed with the Township Manager and/or President of the Board
of Commissioners if they can be contacted and confirmed at the earliest
practicable time by the Board of Commissioners.
B.
To obtain vital supplies, equipment an such other
properties needed for the protection of the life and property of the
people, and to obligate the Township to compensate for the fair value
thereof, and if required immediately, to appropriate the same for
public use, such expenditures to be approved by either the President
of the Board of Commissioners or the Township Manager.
C.
To request emergency services of any elected or appointed
Township official or employee, and command the aid of as many citizens
of this community as he considers necessary in the execution of his
duties. Such persons shall be entitled to all privileges, benefits
and immunities as are provided by State law for registered civil defense
workers.
D.
To execute at the time of a disaster all of the special
powers conferred upon him by this chapter or other Township resolutions
or regulations adopted hereunder, by the laws or regulations of the
Commonwealth of Pennsylvania, or by any other recognized and related
lawful authority.
E.
To requisition, through the Township Manager, necessary
personnel or material or equipment, of any Township department or
agency.
F.
To call in county, state and/or federal support if
required.
All elected and appointed Township officials and employees of this Township, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, be charged with duties incident to the protection of life and property in this Township during disaster, including persons pressed into service under the provisions of § 32-4C of this chapter, shall constitute the Emergency Management Organization of the Township of South Whitehall.
All persons, other than employees of the municipality,
volunteering in service pursuant to compliance with this chapter shall
serve without compensation, while engaged in such service they shall
have the same immunities and protections as persons and employees
of the municipalities performing similar duties.
The functions and duties of the Township of
South Whitehall Emergency Management Organization shall be distributed
among such divisions, services and special staff as the Emergency
Management Director shall prescribe, subject to the approval of the
Board of Commissioners. The Emergency Management Director shall concurrently
with the adoption of this chapter and as approved and directed by
the Board of Commissioners, prescribe the form of organization, establishment
and designation of divisions and services, the assignment of functions,
duties and powers, the designation of officers and employees. Insofar
as possible, the form of organization, titles and terminology shall
conform to the recommendations of the Federal Government and Pennsylvania
Emergency Management Agency.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person who shall willfully obstruct, hinder
or delay any member of the Emergency Management Organization in the
enforcement of any lawful rule or regulation issued pursuant to this
chapter, or in the performance of any duty imposed upon him by virtue
of this chapter; do any act forbidden by any lawful rules or regulations
issued pursuant to this chapter, if such act is of such a nature as
to give, or likely to give assistance to the enemy, or to imperil
the lives or property of inhabitants of this Township, or to prevent,
hinder or delay the defense or protection thereof; or, to wear, carry,
or display, without authority, any means of identification as a member
of the Emergency Management Organization specified by the Pennsylvania
Emergency Management Agency shall, upon conviction thereof, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
