[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.
A.
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.
B.
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.
A.
No person shall:
(1)
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;
(2)
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;
(3)
Hamper, impede, or in any way interfere with any person who is performing
any function authorized under this chapter;
(4)
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;
(5)
Go within a prohibited area contrary to rules and regulations;
(6)
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;
(7)
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;
(8)
Violate any order, rule or regulation adopted by the Governor and
promulgated as provided by this chapter; or
(9)
Violate any other provision of this act declared herein to be unlawful.
B.
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.
C.
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.
