[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 3-15-1955 by Ord. No. 374 and 12-20-1955 by Ord. No. 385, readopted 8-1-1967 by Ord. No. 476 (Ch. 21 of the 1975 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
In the Borough of Edgewater there is hereby created the position of Emergency Management Coordinator, who shall be appointed by the Mayor from among the residents of the municipality. The Emergency Management Coordinator, subject to fulfilling the requirements of this section, 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, the Emergency Management Coordinator shall have successfully completed at the time of his appointment or within one year immediately following his appointment the current approved home study course and the basic emergency management workshop. The failure of the Emergency Management Coordinator to fulfill such requirement within the 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 Governor may remove the Emergency Management Coordinator at any time for cause. In such event, the Mayor of the Borough shall appoint a new Emergency Management Coordinator with the approval of the Governor. If the Mayor shall not appoint an Emergency Management Coordinator within 10 days after such office shall become vacant, the Governor may appoint a temporary Emergency Management Coordinator, who shall serve and perform all of the duties of that office until such time as a new Emergency Management Coordinator shall be appointed by the Mayor with the approval of the Governor.
Each Emergency Management Coordinator shall appoint a Deputy Municipal Emergency Management Coordinator with the approval of the Mayor. Wherever possible, such deputy shall be appointed from among the salaried officers or employees of the municipality.
The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating, and the conduct of emergency management operations within this municipality.
Whenever, in his opinion, a disaster has occurred or is imminent in the Borough of Edgewater, the Emergency Management Coordinator shall proclaim a state of local disaster emergency within the Borough. The Emergency Management Coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the municipality.
No representative of the Borough shall request aid in time of disaster or emergency directly from noncontiguous municipalities nor shall the Borough send personnel or equipment into a disaster-stricken municipality unless and until such aid has been directed by the County Emergency Management Coordinator or his deputies. Specific exemptions from the action of this section may be granted only by authority of the State Director of Emergency Management.
There is hereby created in the Borough of Edgewater an Emergency Management Council. The Emergency Management Council shall be composed of not more than 15 members who shall be appointed by the Mayor and shall hold office at the will and pleasure of the Mayor. The Emergency Management Coordinator shall be a member and shall serve as chairman of the Emergency Management Council. The Emergency Management Council shall assist the Borough in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established by the Governor in pursuance of the provisions of this act. The Emergency Management Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the Borough. It shall be lawful for the members of the Emergency Management Council also to be members of other agencies created because of any emergency.
Any emergency management council heretofore appointed shall become the Emergency Management Council provided for in this act and shall thereafter continue to function as such local Emergency Management Council, subject to the provisions of this act.
The Borough of Edgewater is authorized to create by resolution any other agencies or instrumentalities that may be needed in order to meet the problems presented by any emergency as defined by this act, not at variance with such rules and regulations as shall be established by the Governor. Any such agencies heretofore or hereafter established shall immediately conform to the rules and regulations that may be adopted and promulgated by the Governor.
An officer of the Borough who is charged with duties pertaining to emergency management planning shall perform his duties in accordance with rules and regulations promulgated by the Governor.
No person shall:
Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;
Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property;
Hamper, impede, or in any way interfere with any person who is performing any function authorized under this chapter;
Drive any motor vehicle in a prohibited area during a blackout or while an air-raid alert is in progress or in any other manner contrary to the rules and regulations covering any period of danger or any emergency;
Go within a prohibited area contrary to rules and regulations;
Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function during the threat or imminence of danger or any emergency;
Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency;
Violate any order, rule or regulation adopted by the Governor and promulgated as provided by this chapter; or
Violate any other provision of this act declared herein to be unlawful.
Any person who shall violate any provision of this section shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed six months or shall pay a fine not to exceed $1,000 or to both a fine and imprisonment, in the discretion of the court.
Prosecution for the imposition of a penalty pursuant to this section shall be commenced in the Edgewater Municipal Court. The state shall be required to prove all elements of the offense beyond a reasonable doubt in order to obtain a conviction.