This chapter shall be known and may be cited
and referred to as the "Emergency Management Ordinance of the City
of Vineland."
[Amended 12-9-1997 by Ord. No. 97-88; 10-10-2006 by Ord. No. 2006-84]
There is hereby established within the Fire
Department the Office of Emergency Management Services, the head of
which shall be the Coordinator of the Office of Emergency Management
Services. The Coordinator of the Office of Emergency Management Services
and related personnel are hereby assigned to the Fire Department.
The following definitions shall apply in the
interpretation of this chapter:
COORDINATOR
The Coordinator of the City of Vineland Office of Emergency
Management, appointed as prescribed in this chapter.
DISASTER
An unusual incident resulting from natural or unnatural causes
which endangers the health, safety or resources of the residents of
this City and which is or may become too large in scope or unusual
in type to be handled in its entirety by regular City operating services.
EMERGENCY
Includes "disaster" and "war emergency" as defined in this
section.
EMERGENCY MANAGEMENT FORCES
The employees, equipment and City facilities of all departments,
boards, institutions and commissions; and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by or
obtained from volunteer persons or agencies.
EMERGENCY MANAGEMENT VOLUNTEER
Any person duly registered, identified and appointed by the
Coordinator of the Office of Emergency Management and assigned to
participate in the emergency management activity.
LOCAL DISASTER EMERGENCY
Includes any disaster or the immediate imminence thereof
resulting from natural or unnatural causes other than enemy attack
and limited to the extent that action by the Governor under the New
Jersey Civilian Defense and Disaster Control Act is not required.
REGULATIONS
Includes plans, programs and other emergency procedures deemed
essential to civil defense.
VOLUNTEER
Contributing a service, equipment or facilities to the emergency
management organization without remuneration.
WAR EMERGENCY
Includes any disaster occurring anywhere within the City
as the result of enemy attack or the imminent danger thereof.
Wherever, in his opinion, a disaster has occurred
or is imminent in any municipality, the Coordinator of Emergency Management
Services of that municipality shall proclaim a state of local disaster
emergency within the municipality. The Coordinator of Emergency Management
Services, in accordance with regulations promulgated by the State
Civilian Defense Director, shall be empowered to issue and enforce
such orders as may be necessary to implement and carry out disaster-control
operations and to protect the health, safety and resources of the
residents of the municipality.
It shall be the duty of the members of the governing
body and of each and every officer, agent and employee of every political
subdivision of this municipality and of each member of all other governmental
bodies, agencies and authorities of any nature whatsoever fully to
cooperate with the Governor and the Civilian Defense Director in all
matters affecting any emergency as defined by the Civilian Defense
and Disaster Control Act. The Governor is authorized to make, amend and rescind
orders, rules and regulations as provided in said act, and it shall
be unlawful for this municipality to adopt any rule or regulation
or to enforce any such rule or regulation that may be at variance
with any such order, rule or regulation established by the Governor.
In the event of a dispute on the question of whether or not any such
rule or regulation is at variance with an order, rule or regulation
established by the Governor under said act, the determination of the
Governor shall control.
Pursuant to N.J.S.A. App. A:9-52, neither the
Office of Emergency Management Services nor the City of Vineland,
under any circumstances, nor the agents, officers, employees, servants
or representatives of the City, including all volunteers, in good
faith carrying out, complying with or attempting to comply with any
order, rule or regulation promulgated pursuant to the provisions of
said Civilian Defense and Disaster Control Act or performing any authorized service in connection therewith
shall be liable for any injury or death to persons or damage to property
as the result of any such activity. No person owning, possessing or
managing any real property which has been designated, pursuant to
the provisions of the Civilian Defense and Disaster Control Act or of any order, rule or regulation promulgated thereunder,
as a shelter from destructive operations or attacks by enemies of
the United States shall be liable in any civil action for death or
injury to any person who, because such real property has been designated
as a shelter as aforesaid, enters upon it solely for the purpose of
seeking refuge therein during such destructive operations or attacks
or during civil defense tests ordered by lawful authority, except
where such death or injury is caused by the willful act of such owner,
possessor or manager or his agents or employees. The foregoing shall
not affect the right of any person to receive benefits or compensation
which may be specifically provided by the provisions of the Civilian
Defense and Disaster Control Act or any other state or federal statute, nor shall it affect
the right of any person to recover under the terms of any policy of
insurance.
[Amended 12-9-1997 by Ord. No. 97-88; 10-10-2006 by Ord. No. 2006-84]
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. Chapter
56, Fire Department, is hereby amended to incorporate the Office of Emergency Management Services within the Fire Department.