[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitpain 12-28-1983 by Ord. No. 145. Amendments
noted where applicable.]
GENERAL REFERENCES
For statutory provisions, see 35 Pa.C.S.A. § 7101 et seq.,
particularly 35 Pa.C.S.A. § 7501 et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
A direct or indirect assault against the Township of Whitpain, its
government, its environs or the nation by the forces of a hostile nation or
the agents thereof, including but not limited to assault by bombings, by radiological,
chemical or biological means or by sabotage.
The Emergency Management Coordinator of the Emergency Management
Agency of the Township of Whitpain.
Actual or threatened attack, natural disaster, extraordinary fire,
epidemic, evacuations or any other pending or actual emergency or calamity
which endangers or threatens to endanger the health, safety, life or property
of the residents of the township or endangers or threatens to endanger the
constituted government of the nation or state.
To carry out the basic government functions of maintaining the public
peace, health and safety, including plans and preparations for protection
from and relief, recovery and rehabilitation from the effects of an attack
on the township and such activity in connection with a disaster as defined
herein.
The employees, equipment and facilities of all township departments,
boards, institutions and commissions and all volunteer personnel, equipment
and facilities contributed by or obtained from volunteer persons or agencies.
Any person duly enrolled, identified and appointed by the Coordinator
and assigned to participate in Emergency Management Agency activity.
Any individual, firm, corporation, association or partnership, including
the plural as well as the singular and both genders.
The plans, programs and emergency procedures established by the Emergency
Management Agency which are deemed essential to an adequate program.
A person contributing a service, equipment or facilities to the Emergency
Management Agency without remuneration.
The purposes of this chapter are:
A.
To establish an Emergency Management Agency that will
be responsible for the complete and efficient utilization of all township
facilities to safeguard and protect life and property within the Township
of Whitpain during a state of war, a local emergency or disaster and during
normal day-to-day operations.
B.
To establish the Emergency Management Agency and its
attendant responsibilities, duties and powers, including but not limited to
provisions for the promulgation of a basic emergency management plan with
necessary lines of succession.
C.
To establish the Emergency Management Coordinator and
his attendant responsibilities, duties and powers as Coordinator of the Emergency
Management Agency.
D.
To provide for the promulgation of emergency management
regulations, enforcement and penalties.
A.
There is hereby created an Emergency Management Agency
for the Township of Whitpain. The Emergency Management Agency shall consist
of a Coordinator, to be known as the "Emergency Management Coordinator," who
shall be selected by the Township Board of Supervisors and appointed by the
Governor of Pennsylvania. Said Coordinator shall serve at the pleasure of
the Township Board of Supervisors or its designated alternate. The Coordinator
may appoint a staff as is necessary, but in all circumstances said appointments,
if any, shall be with the express approval of the Township Board of Supervisors
or its designated alternate. The members of the Emergency Management Agency
shall serve without compensation.
B.
The Emergency Management Coordinator shall be professionally
competent and capable of planning, effecting coordination among various departments
and generally controlling coordinated operations by emergency preparedness
forces.
C.
The employees, equipment and facilities of all township
departments, boards, institutions and commissions will be at the disposal
of the Emergency Management Agency and will participate as directed by the
Coordinator with the approval of the Township Board of Supervisors; provided,
however, that duties assigned to the various departments shall be the same
as or similar to the normal activities of said departments.
D.
During normal day-to-day activities, each department
head shall be responsible for practicing emergency management within the department,
and final Emergency Management Agency authority will rest with the Township
Board of Supervisors; provided, however, that the Board of Supervisors may
delegate such final authority to the Township Fire Marshal regarding the Fire
Department and to the Chief of Police with regard to the Police Department.
[Amended 5-19-1986 by Ord. No. 165]
Subject to the direction and control of the Township Board of Supervisors,
the Emergency Management Agency shall have the following powers and duties:
A.
To prepare a comprehensive basic plan for emergency management
and keep the basic plan current to provide for the fullest protection of the
township and its inhabitants in case of disaster or declared emergency.
B.
To recommend to the Township Board of Supervisors or
its designated alternate all necessary rules and regulations for the implementation
of the basic plan and all other rules and regulations necessary for the protection
of the township and its inhabitants in case of disaster or declared emergency.
C.
To provide individual and organizational training programs
to ensure prompt, efficient and effective disaster emergency services.
D.
To organize, prepare and coordinate all locally available
manpower, materials, supplies, equipment, facilities and services necessary
for disaster emergency readiness, response and recovery.
E.
To adopt and implement precautionary measures to mitigate
the anticipated effects of disaster.
F.
To have available for inspection at its emergency operations
center all emergency management plans, rules and orders, if any, of the Agency.
G.
To provide prompt and accurate information regarding
local disaster emergencies to appropriate commonwealth and local officials
and agencies and the general public.
Subject to the direction and control of the Township Board of Supervisors,
the Emergency Management Coordinator shall have the following powers and duties:
A.
To oversee the formulation of the basic plan of emergency
management and to direct its implementation in time of disaster or declared
emergency.
B.
To designate the lines of succession within the Emergency
Management Agency and be responsible for the proper performance of all necessary
duties and functions assigned to the various departments under the basic plan.
C.
To seek assistance from outside the township when a required
competency or skill for a disaster function is not available within the township
departments.
D.
To make recommendations for rulings, orders or ordinances
on behalf of the Emergency Management Agency to the Township Board of Supervisors
or its designated alternate whenever requested to do so and whenever it is
deemed necessary or advisable.
E.
To make reports to the Township Board of Supervisors
as required.
No purchase or purchases shall be made, no contract entered into and
no expenses incurred by the Emergency Management Agency which involve the
payment of more than $25 out of the treasury of Whitpain Township unless the
proposed expenditure has been approved in writing by the Township Board of
Supervisors. If any purchase or contract is made or other expenses incurred
contrary to the provisions of this section, Whitpain Township shall not be
responsible for the payment thereof, but the person acting for the Agency
in the transaction shall be personally liable for the payment.
It shall be unlawful for any person to violate any of the provisions
of this chapter or of the regulations or plans issued pursuant to the authority
contained herein, or to willfully obstruct, hinder or delay any member of
the Emergency Management Agency as herein provided for in the enforcement
of the provisions of this chapter or any regulation, plan or order issued
hereunder.
[Amended 1-2-1989 by Ord. No. 184]
Any person violating any provision of this chapter or any rule, regulation
or order promulgated hereunder, upon conviction before a District Justice
within the district of which the Township of Whitpain is a part, shall be
fined not less than $600 plus costs of prosecution. In default of the payment
of any fine, such persons shall be liable to imprisonment of not more than
90 days in the Montgomery County Prison. Whenever any violators shall be notified
by a representative of the township or by service of summons or prosecution
or in any other way that such violation has been committed, each day that
the violator shall continue in such violation shall constitute a separate
offense punishable by fine or penalty.
