Borough of Middletown, PA
Dauphin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown as indicated in article histories. Amendments noted where applicable]

ARTICLE I
Declaration of Disaster Emergency (§ 16-1 — § 16-3) 

ARTICLE II
Emergency Management Agency (§ 16-4 — § 16-11) 

[Adopted 5-21-1979 by Ord. No. 749, approved 5-21-1979]

§ 16-1
Authorization to declare local disaster emergency. 

§ 16-2
Consent required for continuation or renewal. 

§ 16-3
Publicity for order or proclamation. 

§ 16-1 Authorization to declare local disaster emergency.

Pursuant to Act 323 enacted November 26, 1978,

Editor's Note: See 35 Pa.C.S.A. § 7501.
the Mayor is hereby authorized to declare a local disaster emergency, subject to ratification by the Council. Whenever the Mayor is absent or incapacitated, said authority shall devolve upon the President of the Council or (when said President is absent or incapacitated) upon the Vice President of the Council as the acting chief executive officer within the contemplation of Section 7501(b) of said Act 323 and of Section 1030 of the Borough Code.
Editor's Note: See 53 P.S. § 46030.

§ 16-2 Consent required for continuation or renewal.

The declaration shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the Council.

§ 16-3 Publicity for order or proclamation.

Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt publicity and shall be filed with the Pennsylvania Emergency Management Agency.

Editor's Note: Original Section 4. which followed this section and ratified a 4-4-1979 disaster emergency declaration by the Mayor, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[Adopted 11-8-1982 by Ord. No. 840, approved 11-8-1982]

§ 16-4
Establishment, authority and responsibility. 

§ 16-5
Coordinator of Emergency Management. 

§ 16-6
Powers and duties. 

§ 16-7
Appropriations. 

§ 16-8
Laws applicable. 

§ 16-9
Payment of bills and claims. 

§ 16-10
Emergency preparedness plan approved. 

§ 16-11
Violations and penalties. 

§ 16-4 Establishment, authority and responsibility.

Pursuant to the provisions of the Emergency Management Services Code, being a part of Act 323 enacted November 26, 1978, P.L. 1332, beginning particularly with Section 7501, sometimes cited as 35 Pa.C.S.A. § 7501, the local Middletown Emergency Management Agency is hereby formally established in accordance with the plan and program of the Pennsylvania Emergency Management Agency. To assure prompt, proper and effective discharge of basic borough responsibilities relating to civil defense and disaster preparedness, operations and recovery, the Middletown Emergency Management Agency is vested with authority and responsibility for emergency management, response and recovery within the territorial limits of the Borough of Middletown. In addition, it shall conduct such services outside of its jurisdictional limits as may be required under Act 323.

§ 16-5 Coordinator of Emergency Management.

Said Middletown Emergency Management Agency shall have a coordinator who, subject to the direction and control of the Mayor, shall be responsible for planning, administration and operation. Pursuant to Section 7502 of Act 323, the Borough Council shall make the recommendation, as the occasion may arise, to the Governor concerning the person to be appointed by the Governor as such Coordinator at this local level in Middletown. Said Coordinator, pursuant to Section 7502(g) of Act 323, shall be reimbursed for actual expenses incurred in the performance of his duties. In addition, said Coordinator may receive such compensation as the Middletown Borough Council may, from time to time, provide, The term "Coordinator" includes "Acting Coordinator."

§ 16-6 Powers and duties.

Said Middletown Emergency Management Agency, through said Coordinator (subject to the direction and approval of the Mayor and within budgetary and other limits of funding available), shall implement the provisions of Section 7503 of Act 323 requiring that each political subdivision shall:

A. 

Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan.

B. 

Establish, equip and staff an emergency operations center, consolidated with warning and communication systems, to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions.

C. 

Provide individual and organizational training programs to ensure prompt, efficient and effective disaster emergency services.

D. 

Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

E. 

Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.

F. 

Execute and enforce such rules and orders as the Pennsylvania Emergency Management Agency shall adopt and promulgate under the Emergency Management Services Code or as shall be adopted and promulgated by the Middletown Emergency Management Agency.

G. 

Cooperate and coordinate with any public and private agency in achieving any purpose of Act 323.

H. 

Have available for inspection at its emergency operations center all emergency management plans, rules and orders, whether of the Governor or state or Middletown Emergency Management Agencies.

I. 

Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.

§ 16-7 Appropriations.

Appropriations for payment of the expenses of the Middletown Emergency Management Agency shall be made, pursuant to Section 7511 of Act 323, in the manner provided by law for making appropriations for the ordinary expenses of the Borough of Middletown and shall specify the amounts and purposes for which the moneys appropriated may be used.

§ 16-8 Laws applicable.

In accordance with Section 7512 of Act 323, which mandates that such "local organization shall be deemed an agency, board or commission of the political subdivision," the Middletown Emergency Management Agency shall be subject to all of the laws governing the making of contracts or purchases, the employment of persons or the incurring of financial obligations which apply to the Borough of Middletown.

§ 16-9 Payment of bills and claims.

All bills or claims to be paid from any appropriations made by the Borough of Middletown, after first being approved by the Borough Council (or an appropriate officer designated for that purpose under Section 7514 of Act 323), shall be paid from the treasury of the Borough of Middletown only upon the warrant or order of the officers designated by law to approve or countersign warrants or orders for the payment of ordinary expenses of the Borough of Middletown and shall be subject to audit in the same manner as other financial transactions of the Borough of Middletown.

§ 16-10 Emergency preparedness plan approved.

The emergency preparedness plan of the Mayor, to which much thought has been given in consultations with and by members and committees of the Borough Council and other concerned citizens, is hereby recognized as the current plan of the Middletown Emergency Management Agency. It is found to be and is approved as an appropriate implementation of the requirement set forth in the Emergency Management Services Code (i.e., in Section 7503 of Act 323) that "Each political subdivision shall ... prepare, maintain and keep current a disaster emergency management plan."

§ 16-11 Violations and penalties.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]

Any person (used in the broadest sense, and including any corporation) violating any emergency preparedness plan or any plan, program or regulation adopted and promulgated by the Middletown Emergency Management Agency or interfering (after notice and warning) with activities or personnel or procedures authorized by the Middletown Emergency Management Agency, by Middletown's Coordinator of Emergency Management or by the Mayor pursuant to the Emergency Management Services Code or this chapter of the Code of the Borough of Middletown, or any amendments thereto, shall, upon conviction thereof before the District Justice, be sentenced to pay a fine of not less than $100 and not more than $1,000 and to pay the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Dauphin County for a period not exceeding 30 days.