[HISTORY: Adopted by the Borough Council of the Borough of
Beach Haven 5-11-2020 by Ord. No. 2020-09C. Amendments noted where applicable.]
A.
This chapter is adopted pursuant to the powers given to the Borough
of Beach Haven to enhance, protect and preserve all of the residents,
citizens and visitors in the Borough of Beach Haven in order that
they may be assured of having their safety, health and welfare preserved
to the maximum extent permitted by law.
B.
Pursuant to § 2-19 of the Borough Code, there exists a Department of Emergency Management, staffed by such employees as may be designated by the Manager, Council and/or Emergency Management Coordinator, in accordance with the Borough Code.
C.
The Mayor and Emergency Management Coordinator are authorized to
execute an emergency declaration when conditions affecting the public
health, safety and welfare occur.
D.
Various temporary restrictions may be imposed upon the public during
declared emergencies, including, but not limited to, evacuation, curfew,
and other measures in the discretion of the Emergency Management Coordinator
as conditions or circumstances dictate.
E.
Individuals, businesses, organizations, or other entities in violation
of the temporary restriction implemented due to an emergency or as
a result of an emergency declaration shall be subject to a fine as
provided herein.
A.
The Emergency Management Department is under the direction of the
Borough Manager.
B.
The Emergency Management Coordinator shall be appointed in accordance with § 2-19A of the Borough Code to oversee and direct the preparation, mitigation, preparedness, recovery efforts and training pursuant to the Emergency Management Plan as well as the supervision of the Emergency Operations Center.
C.
The Emergency Management Coordinator shall, in accordance with § 2-19 of the Borough Code, be responsible to oversee the development of the Emergency Operations Plan, which shall provide for the effective mobilization of all of the resources for the Borough, both public and private, to meet any condition constituting a local emergency and shall provide for the organization, powers and duties, services and staffing of the emergency organization.
As used in this chapter, the following terms shall have the
meanings indicated:
An occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from, but not
limited to, any natural, technological or human-made cause, including
fire, flood, earthquake, windstorm, wave action, oil spill or other
contamination, radioactive incident, epidemic, air contamination,
blight, drought, infestation, explosion, or structure failure of a
dune, jetty or bulkhead system, building or infrastructure, or other
public calamity requiring emergency action.
A situation which involves an emergency or a disaster and
which results in a declaration by governing officials that an emergency
situation exists and that extraordinary measures are required to preserve
the peace or safety of the public.
A.
The emergency declaration shall be in the form of a proclamation
of local disaster and emergency and shall be executed by the Mayor
and the Emergency Management Coordinator or, in his/her absence, the
Deputy Coordinator of Emergency Management, and, when practicable,
reviewed by the Borough Solicitor.
B.
The proclamation of local disaster and emergency may also authorize
additional specific emergency measures effective for the duration
of the emergency period.
In addition to the duties provided by § 2-19D of the Borough Code, the Emergency Management Coordinator is empowered to:
A.
Request the Governor, in coordination with the counties and appropriate
state agencies, to proclaim a local disaster emergency when, in the
opinion of the Emergency Management Coordinator, the locally available
resources are inadequate to cope with the emergency.
B.
Control and direct the effort of the Borough of Beach Haven Emergency
Management Department in order to accomplish the purposes of this
chapter.
C.
Direct cooperation between and coordination of services and staff
of the Emergency Management Department and resolve questions of authority
and responsibility that may arise between them.
D.
Represent the Borough on matters pertaining to emergencies as defined
in this chapter.
E.
In the event of the proclamation of local disaster emergency as provided
in this chapter and declared by the Mayor and the Emergency Management
Coordinator, the Emergency Management Coordinator is empowered, to
the extent lawfully permissible:
(1)
To make and issue rules and regulations on matters reasonably related
to the protection of life and property as affected by such emergency.
(2)
To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to
bind the Borough for the fair value thereof, and, if required immediately,
to commandeer same for public use. Any such procurement shall be in
accordance with the emergency management plan and under direction
of the Chief Financial Officer.
(3)
To require emergency services of any Beach Haven Borough officer
or employee and, in the event of the proclamation of local disaster
emergency, to enlist the aid of as many citizens of this community
as he or she deems necessary in the execution of his or her duties.
Such persons shall be entitled to all privileges, benefits and immunities
as are provided by state law for registered emergency service workers.
(4)
To direct necessary personnel or material of any Borough department
or agency. Direction of personnel or materials of the Police Department
shall require consent from the Chief of Police.
(6)
To establish a curfew which fixes the hours during which all persons,
other than officially authorized personnel, may not be upon the public
streets or other public places within the Borough.
(7)
To prohibit or limit the number of persons who may gather or congregate
upon any public street, public place, including any indoor place,
or any outdoor place. These limits and prohibitions shall include
private property.
(8)
To barricade streets, prohibit vehicular or pedestrian traffic or
regulate such traffic on any public street leading to the emergency
area for such distance as may be deemed necessary under the circumstances.
(9)
To order mandatory evacuation of persons within the Borough, which
shall be enforceable by Borough, county or state police officers,
fire officials, and firefighters, as well as any other enlisted armed
forces personnel.
(10)
To curtail or suspend commercial and civic activity, including
activity of private schools and places of worship.
(11)
To order such other measures as are necessary for the protection
of the public health, safety, or welfare or for the recovery from
the emergency.
(12)
To execute all of his or her ordinary power as the Emergency
Management Coordinator; all of the special powers conferred upon him
or her by this chapter, or by resolution, or by the Emergency Operations
Plan; and all powers conferred upon him or her by any agreement approved
by the Borough Council and/or by any other lawful authority.
G.
Within 10 days of the proclamation of local disaster emergency, any
person aggrieved by an emergency order may request a hearing before
the municipal court to determine whether issuance of the order was
an abuse of discretion. The municipal court shall hear the matter
within 30 days of the request for hearing, or within a reasonable
period of time thereafter when conditions permit. The hearing shall
be summary in nature and shall not be subject to the New Jersey rules
of evidence. The case shall be heard by the Municipal Court Judge
only, without jury. The only issue for the court shall be to determine
whether or not the emergency order was an abuse of discretion. If
the court finds that there is no abuse of discretion in issuing the
order, the order shall be affirmed. In the event that the court finds
that the issuance of the order was an abuse of discretion, the court
shall invalidate the order.
A.
The Emergency Management Coordinator, at the direction of the Borough
Manager, shall develop, and revise from time to time, a state-approved
Emergency Operations Plan for response to emergencies directly or
indirectly involving the Borough, and for the provision of emergency
services, both directly and in coordination with other public and
private agencies.
B.
Such plan shall include provisions for temporary reassignment of
Borough personnel, equipment and supplies for emergency services functions
under lines of authority designated in the plan; for the emergency
acquisition of necessary equipment, materials and services; and for
the assignment of duties relating to preplanning, training, and ongoing
support for the Emergency Management Department.
Any expenditure made in connection with emergency activities,
including mutual-aid activities, shall be limited to those items deemed
conclusively for the direct protection and benefit of the inhabitants
and property of the Borough of Beach Haven and in accordance with
all applicable laws of the State of New Jersey. Any such procurement
shall be in accordance with the emergency management plan and under
direction of the Chief Financial Officer.
A.
It shall be a violation of this chapter during a state of emergency
to:
(1)
Willfully obstruct, hinder or delay any member of an emergency 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
or her by virtue of this chapter or other law, rule, regulation, emergency
order, or executive order.
(2)
Do any act forbidden by any law, rule, regulation, emergency order
or executive order issued pursuant to this chapter if the act is of
such nature as to imperil the lives and property of inhabitants of
this Borough or to prevent, hinder or delay the protection thereof.
(3)
Violate any act or order enacted during a state of emergency.
B.
Any single violation of the provisions of this chapter shall be punishable
by issuance of a fine in an amount not less than $250 and not to exceed
$1,250 per occurrence.
