[Ord. 1981-2, 1/8/1981]
This Part shall be known and may be cited as the "Emergency
Management Services Code."
[Ord. 1981-2, 1/5/1981]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
AGENCY
The Pennsylvania Emergency Management Agency.
COUNCIL
The Pennsylvania Emergency Management Council.
DISASTER
A man-made disaster, natural disaster, or war caused disaster.
DISASTER EMERGENCY
Those conditions which may by investigation made be found,
actually or likely, to:
1.
Affect seriously the safety, health, or welfare of a substantial
number of citizens or this Township or preclude the operation or use
of essential public facilities.
2.
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.
3.
Have been caused by forces beyond the control of men, by reason
of civil disorder, riot, or disturbance, or by factors not foreseen
and not known to exist when appropriation bills were enacted.
EMERGENCY MANAGEMENT
The judicious planning, assignment, and 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.
EMERGENCY SERVICES
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 injury and damage
resulting from disasters, together with all other activities necessary
or incidental to the preparation for and carrying out of those functions.
The functions include, without limitation, fire-fighting 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 plant protection, temporary restoration of public utility services,
and other functions related to civilian protection.
LOCAL EMERGENCY
The condition declared by the Township Board when in its
judgment the threat of 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 Township Board,
when he deems the threat of 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.
MAN-MADE DISASTER
Any industrial, nuclear, or transportation accident, explosion,
conflagration, power failure, natural resource shortage or other condition,
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.
NATURAL DISASTER
Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mud slide, snowstorm, drought,
fire, explosion, or other catastrophe which results in substantial
damage to property, hardship, suffering or possible loss of life.
POLITICAL SUBDIVISION
Any county, city, borough, incorporated town or township,
including the Township of Londonderry.
RESOURCE SHORTAGE
The absence, unavailability, or reduced supply of any raw
or processed natural resource, or any commodities, goods, or services
of any kind which bear a substantial relationship to the health, safety,
welfare, and economic well-being of the citizens of this commonwealth.
TOWNSHIP
Township of Londonderry, Dauphin County, Pennsylvania.
WAR-CAUSED DISASTER
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.
[Ord. 1981-2, 1/5/1981]
A disaster emergency may be declared by the Township Board upon
finding a disaster has occurred or is imminent. The declaration shall
not extend beyond a period of seven days unless renewed by the Township
Board. Any order or resolution declaring, continuing, or terminating
a disaster emergency shall be given prompt and general publicity and
shall be filed promptly with the Pennsylvania Emergency Management
Agency. The effect of a declaration of a disaster emergency is to
activate the response and recovery aspects of any and all applicable
local emergency management plans and to authorize the furnishing of
aid and assistance thereunder.
[Ord. 1981-2, 1/5/1981; as amended by Ord. 6/9/1984]
In the event of declaration of a disaster emergency by the Governor or as provided in the definition of "local emergency" [§
1-502 hereof], the Township Board may do the following:
A. Suspend all ordinances or portions of ordinances dealing with the
opening and closing of any streets, whether public or private, establishment
of one-way or two-way streets, regulation of traffic, prohibition
or regulation in any way of stopping, standing, or parking of vehicles,
establishment of speed limits, prohibition or regulation of use of
any streets, prohibition or regulation of turning of vehicles, prohibition
or regulation of the use of designated vehicles, prohibition or regulation
of the movement of vehicles or persons on any streets or elsewhere,
establishment of curfews, and restrictions of assembly of persons.
B. Authorize any employee of the Township, and person temporarily authorized
to so act, any member of the Pennsylvania State Police, or any member
of the Armed Forces of the United States or of the Pennsylvania National
Guard to open or close any street, whether public or private, to establish
one-way streets, to regulate traffic, to prohibit or regulate stopping,
standing, or parking of vehicles, to establish speed limits, to prohibit
or restrict use of any street, to designate any street as a through
street, prohibit or regulate the turning of vehicles, prohibit or
regulate use of designated streets, remove any vehicle parked in violation
of such order, to prohibit and regulate movement of vehicles or persons
on any street, and adopt such other traffic regulations as the circumstances
may reasonably require. It shall be unlawful for any person to violate
any such emergency restrictions.
C. Establish a curfew from 9:00 p.m. to 7:00 a.m., prevailing time,
or at any time to control movement on streets. During said curfew,
it shall be unlawful for any person to be or remain upon any street
or alley or other public place in the Township unless such person
is going to or from a place of lawful employment, a hospital, a physician,
or other health care provider, or performing a lawful duty directly
related to the disaster emergency.
D. To enter into mutual aid agreements with adjacent political subdivisions
for reciprocal emergency assistance consistent with plans and programs
of the Agency.
E. To render assistance in accordance with the provisions of the mutual
aid agreements.
F. Where the Governor declares a disaster emergency, to acquire, temporary
or permanent, by purchase, lease, or otherwise, sites required for
installation of temporary housing units for disaster victims and to
enter into whatever arrangements are necessary to prepare or equip
the sites to utilize the housing units.
G. To perform public work, to enter into contracts, to incur obligations,
to employ temporary workers, to rent equipment, to purchase supplies
and materials, and to appropriate and expend public funds.
H. To require personnel essential to police, fire, security, public
utilities, and other governmental functions to perform said functions
as required to provide for the health, welfare, and safety of the
community after evacuation.
I. To regulate and control agricultural, commercial, and industrial
functions related to the security, health, welfare, and safety of
the community.
[Ord. 1981-2, 1/5/1981; as amended by Ord. 91-2, 11/4/1991;
by Ord. 1997-2, 1/6/1997; and by Ord. 1998-2, 6/1/1998, § 1]
Any person who shall violate any provision of this Part, upon
conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine not more than $1,000 plus costs and, in default of payment
of said fines and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.