[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
This chapter shall be known and may be cited
and referenced to as the "Emergency Management Ordinance."
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
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 Local Emergency Planning and Flood Mitigation
Committee will be the coordinating unit for all activity in connection
with local emergencies and as required by New Jersey Statutes, P.L.
1942, c. 251, as amended by P.L. 1953, c. 438.[1] The Local Emergency Planning and Flood Mitigation Committee
will provide planning guidance to the departments and agencies of
the Township.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et
seq.
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.
[Ord. 1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
The following definitions shall apply in the
interpretations of this chapter:
A determination by the Emergency Management Coordinator upon
consultation with the Township Administrator or Mayor 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 Administrator or Mayor.
Any unusual set of circumstances which endangers the health,
safety or resources of the residents of the Township of Bernards 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 person appointed by the Mayor for a three-year term,
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 employees, equipment and facilities of all Township departments,
boards, commissions and agencies; and, in addition, all volunteer
persons, entities or agencies organized by the Committee 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.
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 N.J.S.A. App. A:9-41. This shall include plans and preparations
for protection from and relief, recovery and rehabilitation from the
effects of any emergency. The Local Emergency Planning and Flood Mitigation
Committee shall be composed of not more than 15 members appointed
by the Mayor and shall serve at the will and pleasure of the appointing
authority.
Includes plans, programs and other emergency procedures promulgated
in accordance with this chapter.
The Chief Administrative Officer of the Township or her designee.
Any person duly appointed by the Mayor or the Emergency Management
Coordinator with the assistance of the Local Emergency Planning and
Flood Mitigation Committee and assigned to participate in emergency
management activities.
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended; Ord. #2095, § 1, 12-29-2009, amended]
a.
The Township hereby creates an Emergency Management
Council for emergency management and control utilizing, to the fullest
extent, the existing agencies within the Township.
b.
The Emergency Management Council shall be composed
of not more than 15 members, who shall be appointed by the Mayor,
to hold office at the will and pleasure of the Mayor, and consist
of the following:
1.
The Emergency Management Coordinator, who must be
a resident of the Township, shall serve as Chairman. The Emergency
Management Coordinator, subject to fulfilling the requirements herein,
shall serve for a term of three years. As a condition of his appointment
and his right to continue for the full term of his appointment, each
Emergency Management Coordinator shall have successfully completed,
at the time of his appointment or within one year immediately following
appointment, the current approved home study course and the basic
emergency management workshop. The failure of any Emergency Management
Coordinator to fulfill such requirement within the time period prescribed
shall disqualify the Coordinator from continuing in the office of
Coordinator, and, thereupon, a vacancy in said office shall be deemed
to have been created. The Deputy Emergency Management Coordinator
shall be appointed by the Emergency Management Coordinator, with the
approval of the Mayor. Whenever possible, such Deputy shall be appointed
from among the salaried employees of the Township.
2.
The Local Emergency Planning and Flood Mitigation
Committee.
3.
The Local Emergency Management Force.
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
a.
The Emergency Management Coordinator. 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 Administrator
or Mayor 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.
3.
The Township Administrator may, within 24 hours of
a declared emergency, notify the Township Clerk to convene a meeting
of the Township Committee. The Township Administrator in conjunction
with the Coordinator shall provide to the Township Committee 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 Administrator 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 Administrator may, during the emergency,
require the services of any Township officer, employee or official
to assist 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 operations plan.
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 Emergency
Management Coordinator shall be responsible to the Township Administrator
in regard to all phases of emergency-control activity. He shall be
responsible for the planning, coordination and operation of the emergency-control
activity in the Township. He 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
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.
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
A comprehensive emergency operations plan (EOP)
shall be adopted and maintained by directive of the Township Committee.
The EOP shall be prepared by the Emergency Management Coordinator
and submitted for approval by the Township Committee and will outline
the duties and responsibilities under this chapter and all other applicable
regulatory requirements. In preparation of the EOP, the Emergency
Management Coordinator 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 Emergency
Management Coordinator 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:9-33 et seq.
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
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.
[Ord. #1322, 8-11-1998, adopted;
Ord. #1687, 12-9-2003, amended]
Any person, firm or corporation violating any
provision of this chapter or any rule or regulation promulgated thereunder,
upon conviction thereof, may be punished by a fine or imprisonment.
[Ord. #1322, 8-11-1998, adopted]
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.
