[HISTORY: Adopted by the Borough Council of the Borough of
Newtown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-2-1996 by Ord.
No. 534 (Ch. 75, Art. I, of the 1982 Code)]
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
A man-made disaster, natural disaster or war-caused disaster.
Those conditions which may, by investigation made, be found,
actually or likely, to:
Affect seriously the safety, health or welfare of a substantial
number of citizens of this municipality or preclude the operation
or use of essential public facilities;
Be of such magnitude or severity as to render essential state
supplementation of county and local efforts or resources exerted or
utilized in alleviating the danger, damage, suffering or hardship
faced; and
Have been caused by forces beyond the control of man, by reason
of civil disorder, riot or disturbance, or by factors not foreseen
and not known to exist when appropriation bills were enacted.
The judicious planning, assignment or coordination of all
available resources in an integrated program of prevention, mitigation,
preparedness, response and recovery for emergencies of any kind, whether
from attack, man-made or natural sources.
The preparation for and the carrying out of functions other
than functions for which military forces are primarily responsible,
to prevent, minimize and provide emergency repair of injuries and
damages resulting from disasters, together with all other activities
necessary or incidental to the preparation or the carrying out of
those functions. The functions include, without limitation, firefighting
services, police services, medical and health services, rescue, engineering,
disaster warning services, communications, radiological, shelter,
chemical and other special weapons defense, evacuation of persons
from stricken areas, emergency welfare services, emergency transportation,
emergency resources management, existing or properly assigned functions
of plan protection, temporary restoration of public utility services
and other functions related to civilian protection.
The conditions declared by the local governing body when
in its judgment the threat or actual occurrence of a disaster is or
threatens to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby. A "local emergency"
arising wholly or substantially out of a resource shortage may be
declared only by the Governor, upon petition of the local governing
body, when he deems the threat or actual occurrence of a disaster
to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby.
A local emergency management organization.
Any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, natural resource shortages or other
conditions, except enemy action, resulting from man-made causes, such
as oil spills and other injurious environmental contamination, which
threatens or causes substantial damage to property, human suffering,
hardship or loss of life.
Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought,
fire, explosion or other catastrophe which results in substantial
damage to property, hardship, suffering or possible loss of life.
Any condition following an attack upon the United States
resulting in substantial damage to property or injury to persons in
the United States caused by use of bombs, missiles, shellfire, nuclear,
radiological, chemical or biological means, or other weapons or overt
paramilitary actions or other conditions such as sabotage.
A local emergency management organization is hereby established
and shall be known as the "Newtown Borough Emergency Management Organization."
The Newtown Borough Emergency Management Organization is established
pursuant to the provisions of the Emergency Management Services Code
(35 Pa.C.S.A. § 7101 et seq.).
The Newtown Borough Emergency Management Organization shall
have the responsibility for emergency management and disaster response
and recovery within Newtown Borough. The Newtown Borough Emergency
Management organization shall also provide emergency management and
disaster response and recovery services outside the Borough of Newtown
as required by the terms and conditions of this article.
A.
A local disaster emergency may be declared by Council upon finding
that a disaster has occurred or is imminent. The Council hereby authorizes
one or more officials of the Borough as set forth hereafter to declare
a local disaster emergency subject to ratification by the Council.
Such authorization to declare a local disaster may be granted in descending
order of rank, depending upon the availability of said officers. The
declaration of a local disaster emergency shall be ratified by the
Council except where it is determined that a duly authorized official
has grossly abused his/her discretion in declaring a local emergency
or the circumstances warranting the declaration of a local disaster.
B.
The succession of authority to declare a local disaster emergency
shall be as follows:
[Amended 4-13-2010 by Ord. No. 702]
(1)
Mayor of Newtown Borough.
(2)
President of Borough Council, acting as Mayor of Newtown Borough
in the absence of the Mayor of Newtown Borough.
(3)
Vice President of Borough Council, acting as Mayor of Newtown Borough
in the absence of the Mayor of Newtown Borough and the absence of
the President of Borough Council.
Upon declaration of a disaster emergency, the Borough of Newtown,
pursuant to § 7501(c) of the Emergency Management Services
Code,[1] shall be authorized to exercise the powers granted in
this article without regard to time-consuming procedures and formalities
prescribed by law (except mandatory constitutional requirements) pertaining
to the performance of public works, entering into contracts, the incurring
of obligations, the employment of temporary workers, the rental of
equipment, the purchase of supplies and materials, the levying of
taxes and the appropriation and expenditure of public funds.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501(c).
A.
The Newtown Borough Emergency Management Organization shall have
a Coordinator, who shall be responsible for the planning, administration
and operation of the Organization subject to the direction and control
of the Council.
B.
The Coordinator of the Newtown Borough Emergency Management Organization
shall be appointed by the Governor of the Commonwealth of Pennsylvania
upon recommendation of the Newtown Borough Council. The Newtown Borough
Emergency Management Coordinator shall serve at the pleasure of Council.
C.
The Coordinator of Newtown Borough Emergency Management Organization
shall:
(1)
Be professionally competent and capable of planning, effecting and
coordinating operations among agencies of government and controlling
coordinated operations by local emergency preparedness forces.
(2)
Attend and successfully complete the first phase of the career development
program as prescribed by the Pennsylvania Emergency Management Agency
within one year after appointment.
(3)
Attend and successfully complete the second phase of the career development
program as prescribed by the Pennsylvania Emergency Management Agency
within three years after appointment.
(4)
Attend basic and advanced seminars, workshops and training conferences
called by the Director of the Pennsylvania Emergency Management Agency
and/or its Directors of Training and Education.
D.
The Borough of Newtown will reimburse its coordinator for actual
expenses incurring as the result of his/her attendance at scheduled
meetings and training programs.
The Newtown Borough Emergency Management Organization is hereby
directed to:
A.
Prepare, maintain and keep current a disaster emergency plan for
the Borough of Newtown for the prevention and minimization of injury
and damage caused by disaster, for prompt and effective response to
disaster and for disaster emergency relief and recovery in consonance
with the Pennsylvania Emergency Management Plan and the Bucks County
Emergency Management Plan.
B.
Establish, equip and staff an emergency operations center for the
Borough of Newtown.
C.
Establish a warning and communications system for the Borough of
Newtown that will support governmental operations in emergencies.
D.
Provide essential facilities and equipment to those agencies and
organizations that have been assigned emergency functions under the
provisions of this article.
E.
Provide individual and organizational training programs to ensure
prompt, efficient and effective disaster emergency services.
F.
Organize, prepare, administer and coordinate all locally available
manpower, materials, supplies, equipment, facilities necessary for
disaster emergency readiness, response and recovery.
G.
Adopt and implement precautionary measures to mitigate the anticipated
effects of a disaster.
H.
Execute and enforce such rules, regulations and orders as the Newtown
Borough Emergency Management Organization may establish pursuant to
the provisions of this article.
I.
Cooperate and coordinate with any public and private agencies or
entities in achieving any purpose of this article.
J.
Have available for inspection at Newtown Borough Council chambers
all emergency management plans, rules, regulations and orders of the
Governor and the Pennsylvania Emergency Management Agency.
K.
Provide prompt and accurate information regarding local disaster
emergencies to appropriate commonwealth and local officials and agencies
and the general public.
L.
Provide prompt and general publicity to any order or proclamation
declaring, continuing or terminating a local disaster emergency. Notice
of such orders or proclamation shall be promptly filed with the Pennsylvania
Emergency Management Agency.
M.
Execute and enforce such rules and orders as may be adopted by the
Pennsylvania Emergency Management Agency.
N.
Make timely recommendations to and secure the consent of the Borough
of Newtown concerning the development of plans, the acquisition of
materials, supplies and equipment and the development of a budget
for the agency, except as provided for in disaster emergencies.
O.
Identify areas within the Borough of Newtown that are particularly
vulnerable to disaster.
P.
Assist the Borough of Newtown and/or its police, fire, rescue or
emergency medical services in handling and coordinating special, non-disaster
emergencies and situations if in the judgment of the Emergency Management
Coordinator such assistance is required.
Q.
Generally be responsible for the planning, administration and operation
of the local emergency management organization.
The local coordinators of emergency management shall develop
mutual aid agreements for reciprocal emergency assistance. Any mutual
aid agreement shall be approved by the Council prior to implementation.
Except during local disaster emergencies, the Council shall:
The Newtown Borough Emergency Management Organization may, with
the approval of the Council, adopt such insignia and/or other identifying
marks or markings as are necessary to ensure the correct, prompt identification
of its personnel, equipment and facilities.
The provisions of the Emergency Management Services Code of
the Commonwealth of Pennsylvania, Act 1978, No. 323 (P.L. 1332),[1] shall govern the emergency management activities of the
Borough of Newtown and the Newtown Borough Emergency Management Organization,
except in circumstances where the Emergency Management Services Code
does not address local provisions or conditions provided for by this
article.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
Whenever the requirements of this article are in conflict with
other requirements of the Code of the Borough of Newtown, the most
restrictive or those imposing the higher standards shall govern.
[Adopted 12-11-2001 by Ord. No. 625 (Ch. 75, Art. II, of the 1982 Code)]
The Newtown Fire Association and the Newtown Township, Bucks
County, Emergency Services Department are hereby designated as the
officially recognized emergency response agencies for Newtown Borough.
A.
The official emergency response agencies are hereby authorized to
provide such services to Newtown Borough as may be necessary for the
protection of property and persons situated in Newtown Borough, including,
without limitation, the prevention and extinguishment of fires, prevention
of loss of life and hazardous material incidents, and other dangerous
situations.
B.
The emergency response agencies may also provide nonemergency and
public service functions, including, without limitation, cleanup after
storms, assisting in the removal, abatement and prevention of damage
or injury to persons or property, whether through natural causes or
man-made situations, public safety education programs, fire prevention
inspections, fire lane enforcement, emergency management and other
similar services and functions.
C.
The emergency response agencies may also conduct and participate
in such training activities and drills, either within or outside Newtown
Borough, as may be deemed necessary by the officers of the Newtown
Fire Association or the Newtown Township, Bucks County, Emergency
Services Director to maintain proficiency in providing services.
D.
In addition to participating in the activities as herein authorized,
or while en route to or returning from any activity, the official
emergency response agencies recognized by Newtown Borough are also
authorized to conduct the following activities:
(1)
Engage in any type of drill, training, ceremony, practice, test or
parade when duly called for or authorized by an officer or officers
of the Newtown Fire Association or the Director of the Newtown Township,
Bucks County, Emergency Services Department.
(2)
Engage in fund-raising activities for the Newtown Fire Association,
when authorized by an officer or officers of the Newtown Fire Association.
(3)
Engage in the performance of any other duty or activity authorized
by an officer of the Newtown Fire Association or the Director of the
Newtown Township, Bucks County, Emergency Services Department.
Fire inspection duties for Newtown Borough shall be performed
by the designated Fire Inspector and/or Fire Marshal of Newtown Township,
Bucks County, for the calendar year 2002 and for each calendar year
thereafter until otherwise revoked, modified or changed by the governing
bodies of Newtown Borough and/or Newtown Township, Bucks County. The
Newtown Township, Bucks County, Fire Inspector is hereby appointed
to serve as the Fire Inspector and Fire Marshal for Newtown Borough
for the calendar year 2002 and for each calendar year thereafter until
otherwise revoked, modified or changed by the governing bodies of
Newtown Borough and/or Newtown Township, Bucks County.
Arson investigation duties for Newtown Borough shall be performed
by the designated representatives of Newtown Township, Bucks County
for the calendar year 2002 and for each calendar year thereafter until
otherwise revoked, modified or changed by the governing bodies of
Newtown Borough and/or Newtown Township, Bucks County.
Emergency management coordination duties for Newtown Borough shall be performed by the designated Emergency Management Coordinator for Newtown Township, Bucks County, for the calendar year 2002 and for each calendar year thereafter until otherwise revoked, modified or changed by the governing bodies of Newtown Borough and/or Newtown Township, Bucks County. The Newtown Township, Bucks County, Emergency Management Coordinator is hereby appointed to serve as the Emergency Management Coordinator for Newtown Borough for the calendar year 2002 and for each calendar year thereafter until otherwise revoked, modified or changed by the governing bodies of Newtown Borough and/or Newtown Township, Bucks County. Subject to the provisions of this article, all of the duties and responsibilities vested in the Newtown Borough Emergency Management Coordinator pursuant to Ch. 51 of the Code of Ordinances of Newtown Borough, Bucks County, Pennsylvania, are hereby vested in the Newtown Township, Bucks County, designated Emergency Management Coordinator.
