[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 5-21-1984 by Ord. No. 84-9. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A direct or indirect assault against the Township of Upper
Gwynedd, its government, its environs or of the nation by the forces
of a hostile nation or the agents thereof, including, but not limited
to, assault by bombings; radiological, chemical or biological means;
or sabotage.
The Emergency Management Coordinator of the Emergency Management
Agency of the Township of Upper Gwynedd.
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 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
effect 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 Upper Gwynedd 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 Upper Gwynedd. 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 Commissioners
and appointed by the Governor of Pennsylvania. Said Coordinator shall
serve at the pleasure of the Township Board of Commissioners 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 Commissioners 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 Commissioners;
provided, however, that duties assigned to the various departments
shall be the same or similar to the normal activities of said department.
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 Commissioners; provided, however,
that the Board of Commissioners 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.
Subject to the direction and control of the
Township Board of Commissioners, 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.
Recommend to the Township Board of Commissioners 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.
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.
Have available for inspection at its emergency operations
center all emergency management plans, rules and orders, if any, of
the Agency.
G.
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 Commissioners, 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 make recommendations for rulings, orders or ordinances
on behalf of the Emergency Management Agency to the Township Commissioners
or their designated alternate whenever requested to do so and whenever
it is deemed necessary or advisable.
D.
To make reports to the Township Board of Commissioners
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 Upper Gwynedd Township, unless the proposed expenditure has been
approved in writing by the Township Board of Commissioners. If any
purchase or contract is made or other expenses incurred contrary to
the provisions of this section, Upper Gwynedd 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 defined in the enforcement of the provisions of this chapter
or any regulation, plan or order issued hereunder.
[Amended 4-22-1985 by Ord. No. 85-6]
A.
Any person or persons or firm or corporation who shall
violate any of the provisions of this chapter, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this chapter are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this chapter, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-151[1]]
B.
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.
This section shall not preclude the Township from
any other remedy it may have at law or equity.
