Township of Franklin, NJ
Somerset 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 Township Council of the Township of Franklin 5-13-1997 by Ord. No. 2015 (Ch. 17 of the 1990 Code). Amendments noted where applicable.]

§ 20-1 Title.

This chapter shall be known and may be cited and referenced to as the "Emergency Management Ordinance."

§ 20-2 Intent and purpose.

A. 
It is the intent and purpose of this chapter to establish an emergency management organization that will allow the local government and the community to coordinate their activities during emergency operations.
B. 
The Emergency Management Council will be the coordinating unit for all activity in connection with local emergencies and as required by N.J.S.A. App. A:9-41 et seq. The Emergency Management Council will provide planning guidance to the departments and agencies of the Township.
C. 
This chapter does not relieve any Township department or agency of the responsibilities or authority given by state statute or by local ordinance, nor is it intended to adversely affect the work of any volunteer agency organized for relief in emergencies.
D. 
This chapter is based on the Civil Defense and Disaster Control Act, copies of which are on file with the Township Clerk and available for public inspection.

§ 20-3 Definitions and word usage.

A. 
The following definitions shall apply in the interpretations of this chapter.
APP. A:9-41
Includes plans and preparations for protection from and relief, recovery and rehabilitation from the effects at any emergency.
DECLARATION OF A STATE OF LOCAL EMERGENCY
A determination by the Emergency Management Coordinator or his/her authorized deputy, upon consultation with Township Manager or designee that an emergency has occurred or is imminent requiring activation of all or part of the Township's emergency management services, from which determination a proclamation of a state of local disaster emergency shall be issued, signed by the Emergency Management Coordinator and Township Manager or designee.
EMERGENCY
Any unusual set of circumstances which endangers the health, safety or resources of the residents of the Township of Franklin and which is or may become too large in scope or is unusual in type to be handled in its entirety by the Township and its related service agencies.
EMERGENCY MANAGEMENT COORDINATOR
The Township Manager or the person appointed by the Township Manager to plan, activate, coordinate and conduct the emergency operations of the Township in accordance with N.J.S.A. App. A:9-40.4.
EMERGENCY MANAGEMENT COUNCIL
The emergency service unit of the local government formed to help carry out the basic governmental functions of maintaining the public peace, health and safety during an emergency in accordance with the New Jersey Revised Statutes.
EMERGENCY MANAGEMENT FORCE
The employees, equipment and facilities of all Township departments, boards, commissions and agencies, and, in addition, all volunteer persons, entities or agencies organized by the Council to assist in supervising and coordinating the emergency control activities of the municipality.
LOCAL EMERGENCY
Any emergency or the imminence thereof which affects the Township but is not so severe as to require action by the Governor of New Jersey or the County Emergency Management Coordinator as described in the Emergency Management Act (N.J.S.A. App. A:9-43 et seq.)
REGULATIONS
Includes plans, programs and other emergency procedures promulgated in accordance with this chapter.
TOWNSHIP MANAGER
The Chief Executive of the Township, as outlined by the Faulkner Act (N.J.S.A. 40:69A-1 et seq.), or his/her designee.
VOLUNTEER
Any person duly appointed by the Township Manager and/or the Emergency Management Coordinator with the assistance of the Emergency Management Council and assigned to participate in emergency management activities.

§ 20-4 Organization.

A. 
The Mayor and Township Council are hereby authorized to create an organization for emergency control utilizing, to the fullest extent, the existing agencies within the Township.
B. 
The organization shall consist of the following:
(1) 
The Emergency Management Coordinator or the Township Manager or an individual who shall be appointed by the Township Manager. The Emergency Management Coordinator, subject to fulfilling the requirements herein, shall serve for a term of three years. As a condition of his/her appointment and his/her right to continue for the full term of his/her appointment, each Emergency Management Coordinator shall have successfully completed, at the time of his/her appointment or within one year immediately following appointment, the current approved Civil Defense Director/Coordinator course. The failure of any Emergency Management Coordinator to fulfill such requirement within the time period prescribed shall disqualify the Director from continuing in the office of Director, and, thereupon, a vacancy in said office shall be deemed to have been created. The Deputy Emergency Management Coordinator shall be appointed by the Township Manager.
(2) 
Persons and/or organizations violating the order, rules and regulations issued in accordance with N.J.S.A. App. A:9-40.5 shall be subject to penalties in accordance with § 20-8. The Deputy Emergency Management Coordinator shall be appointed by the Township Manager.

§ 20-5 Powers and duties.

A. 
The powers and duties of the Emergency Management Coordinator shall be as follows:
(1) 
The Emergency Management Coordinator shall issue a written proclamation approved and signed by the Township Manager and Emergency Management Coordinator that a state of local emergency exists in accordance with N.J.S.A. App. A:9-40.5. The proclamation, duly witnessed, will be filed with the Township Clerk.
(2) 
During the period that the emergency proclamation remains in force, the Emergency Management Coordinator, in accordance with regulations promulgated by the State Emergency Management Director, shall be empowered to issue and enforce such orders, rules and regulations as may be necessary to implement and carry out emergency control operations and to protect the health, safety and resources of the residents of the municipality in accordance with N.J.S.A. App. A:9-40.5. Persons and/or Organizations violating the order, rules and regulations issued in accordance with N.J.S.A. App. A:9-40.5 shall be subject to penalties in accordance with § 20-8.
(3) 
The Township Manager shall, within 24 hours of a declared emergency, notify the Mayor to convene a meeting of the Township Council. The Township Manager in conjunction with the Coordinator shall provide to the Township Council an explanation of the event, the activities ongoing to address community needs and an estimate of anticipated unusual expenses to be made on behalf of the Township to meet the needs of same.
(4) 
The Emergency Management Coordinator may request aid in accordance with N.J.S.A. App. A:9-40.6. The state statute and mutual aid agreements shall govern such request for aid outside of local resources.
(5) 
During the emergency, the Emergency Management Coordinator shall recommend expenditures to the Township Manager of Township funds and resources in order to obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people.
(6) 
The Township Manager may, during the emergency, require the services of any Township officer, employee or official to assist him/her or the Emergency Management Coordinator. All such duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as may be provided by state law for other registered and identified emergency management workers.
(7) 
The Emergency Management Coordinator shall cause to be prepared the emergency operating plan (EOP).
(8) 
The Emergency Management Coordinator shall be a person well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of an emergency. The Coordinator shall be responsible to the Township Manager in regard to all phases of emergency control activity. He/she shall be responsible for the planning, coordination and operation of the emergency control activity in the Township. He/she shall maintain liaison with state and federal authorities and the authorities of other nearby political subdivisions so as to ensure the most effective operation of the plan. Additional duties shall include but not be limited to the following:
(a) 
Coordinating the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the Township.
(b) 
Development of an emergency operating center (EOC) and coordination of plans for the immediate use of all the facilities, equipment, manpower and other resources of the Township for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare.
(c) 
Keeping a file of the resources available within the Township, both public and private.
(d) 
Overseeing any agreement by which owners, agencies, boards or organizations of buildings may allow the use for sheltering persons in an emergency.
(e) 
Conducting practice operations to determine if emergency plans are efficient and adequate.
(f) 
Coordinating all public and volunteer private agencies, boards or organizations in their planning for emergency operations.
(g) 
Assuming such authority and responsibilities as permitted by law and as may be required to promote and develop the plan.
(h) 
During any emergency, the Emergency Management Coordinator may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the Township for the fair value thereof.

§ 20-6 Emergency operations plan.

A comprehensive emergency operations plan (EOP) shall be adopted and maintained by directive of the Township Manager. The EOP shall be prepared by the Director and submitted for approval by the Township Manager and will outline the duties and responsibilities under this chapter and all other applicable regulatory requirements. In preparation of the EOP, the Director will consult with all municipal department heads whose departments will be assigned duties and responsibilities under the plan, and said department heads will assist the Director in preparation or modification of the plan. In the preparation or any modification of the plan as it pertains to the Township organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When the plan is approved, it shall be the duty of all municipal departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The plan shall be considered supplementary to and an implementation of this chapter and N.J.S.A. App. A:9-30 et seq.

§ 20-7 Disclaimer of liability.

This chapter is an exercise by the Township of its governmental function for the protection of the public peace, health and safety. During an emergency, neither the Township nor agents and representatives of said Township nor any individual, receiver, firm, partnership, corporation, association or trustee nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of said activity.

§ 20-8 Violations and penalties.

Any person, firm or cooperation violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, may be punished as provided in Chapter 1, Article II, General Penalty.

§ 20-9 Interpretation.

At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. This chapter is adopted to complement the New Jersey Emergency Management Act (N.J.S.A. App. A:9-33 et seq.) and regulations promulgated thereunder and must be read and interpreted in conjunction therewith.