[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.]
This chapter shall be known and may be cited and referenced to as the
"Emergency Management Ordinance."
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.
A.
APP. A:9-41
DECLARATION OF A STATE OF LOCAL EMERGENCY
EMERGENCY
EMERGENCY MANAGEMENT COORDINATOR
EMERGENCY MANAGEMENT COUNCIL
EMERGENCY MANAGEMENT FORCE
LOCAL EMERGENCY
REGULATIONS
TOWNSHIP MANAGER
VOLUNTEER
The following definitions shall apply in the interpretations
of this chapter.
Includes plans and preparations for protection from and relief, recovery
and rehabilitation from the effects at any 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.
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.
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.
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.
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.
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.)
Includes plans, programs and other emergency procedures promulgated
in accordance with this chapter.
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.
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.
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.
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.
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.
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.
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.
