The purpose of this chapter is to establish those activities
to be taken by the Manheim Township government to protect the life
and property of the citizens in the event of a natural, technological
or terrorism emergency or disaster and to satisfy the requirements
of the Pennsylvania Emergency Management Services Code, (35 Pa.C.S.A.
§ 7101 et seq.), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESS CONTROL POINTS (ACP)
Manned posts established by Township police, augmented by
Fire Police or by the National Guard, on roads leading into a disaster
area for the purpose of controlling entry during an emergency.
ACTIVATE
Start or place into action an activity or system.
CONTROL
Exercise authority with the ability to influence actions,
compel, or hold in restraint.
COORDINATION
Arranging, in order, activities of equal importance to harmonize
in a common effort.
DEPLOY
To move to the assigned location in order to start operations.
DIRECTION
Providing authoritative guidance, supervision, and management
of activities/operations along a prescribed course to reach an attainable
goal.
DISASTER
A man-made, natural or war-caused catastrophe.
A.
MAN-MADEAny 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.
B.
NATURALAny hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire or other catastrophe which results in substantial damage to property, hardship, suffering, or possible loss of life.
C.
WAR-CAUSEDAny condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the Township caused by use of bombs, missiles, shellfire, or nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other acts such as sabotage or terrorism.
DISASTER EMERGENCY
Those conditions that, upon investigation, are found to:
A.
Affect safety: affect seriously the safety, health, or welfare
of the citizens or preclude the operation or use of essential public
facilities.
B.
Require state assistance: be of such magnitude or severity as
to render state support of county and municipal efforts to alleviate
the danger, damage, suffering, or hardship faced by the citizens.
C.
Have causes not covered by law: conditions 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.
EMERGENCY
A sudden unexpected happening or occasion for action, constraint
or pressing necessity to prevent the loss of life and/or property.
EMERGENCY ALERT SYSTEM (EAS) ANNOUNCEMENTS
Official announcements made at the county level for the specific
purpose of providing information, instructions, or directions from
the County Commissioners, or their designated official representative,
to the permanent and transient residents of the county. Announcements
are made over the EAS network. EAS announcements at the state level
are made only when they are applicable statewide. Restriction on the
use of EAS announcements does not preclude appropriate use of newspapers,
radio, and television for public information statements.
EMERGENCY MANAGEMENT
The judicious planning, assignment, and coordination of all
available resources in a program of mitigation, preparedness, response,
and recovery for emergencies of all kinds, whether from enemy attack,
man-made, or natural sources.
EMERGENCY MANAGEMENT AGENCY (EMA)
Recognized agency in Manheim Township to attain specific
goals or objectives in an organized effort to mitigate against, prepare
for, respond to, and recover from any emergency and/or disaster.
EMERGENCY MANAGEMENT COORDINATOR (EMC)
Recognized staff position by the Manheim Township Commissioners
and appointed by the Governor of Pennsylvania for the coordination
of all emergency and disaster services within Manheim Township.
EMERGENCY OPERATIONS CENTER (EOC)
A designated place where personnel and communications are
available to control operations during a disaster through the implementation
of the preparedness plan.
FULL EMERGENCY CONDITION
A situation in which a total mobilization of all resources
of the Emergency Management Agency is required on a twenty-four-hour
basis to cope with the emergency and/or disaster.
GOVERNOR'S PROCLAMATION OF DISASTER EMERGENCY
The Governor is empowered to declare a state of disaster
emergency upon finding that a disaster has occurred or that the occurrence
or the threat of a disaster is imminent. This proclamation by executive
order authorizes counties and municipalities to exercise vested powers
without regard to time-consuming procedures and formalities prescribed
by law (excepting mandatory constitutional requirements) pertaining
to performance of public works, employing of temporary workers, entering
into contracts, incurring obligations, renting of equipment, purchasing
materials and supplies, levying taxes and appropriation and expenditure
of public funds. The state of disaster emergency continues until the
Governor finds that the danger has passed and terminates it by executive
order or proclamation, but no state of disaster emergency may continue
for longer than 90 days unless renewed by the Governor.
HAZARDOUS MATERIALS (HAZMAT)
Any substance or material in a quantity or form which may
be harmful or injurious to humans, domestic animals, wildlife, economic
crops or property when released into the environment. Hazardous materials
are classified as chemical, biological, radiological, or explosive.
LIMITED EMERGENCY CONDITION
A situation in which a potential hazard has reached dangerous
level and could affect the safety of the threatened population with
very little warning. The Emergency Management Coordinator will activate
the EOC on a twenty-four-hour basis with selected staff and emergency
response personnel. This condition recognizes a serious situation
and provides posture of operational readiness in place until the situation
has been resolved or full emergency condition is necessary.
LOCAL DISASTER EMERGENCY (WHEN DECLARED BY THE TOWNSHIP COMMISSIONERS)
The condition declared by the Commissioners when, in their
judgment, the threat or actual occurrence of a disaster requires coordinated
local government action to prevent or alleviate the damage, loss,
hardship, or suffering threatened or caused. 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/she 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.
MASS CARE CENTERS
Fixed facilities suitable for providing emergency lodging
for victims of disasters left temporarily homeless and capable of
providing all essential social services. Feeding may be done within
a mass care center in suitable dining facilities or nearby.
MOBILIZE
To augment staff and resources in order to accomplish the
mission at an indicated location on a twenty-four-hour-per-day basis.
PRESIDENTIAL DECLARATION OF EMERGENCY
Any occasion or instance for which, in the determination
of the President, federal assistance is needed to supplement state
and local efforts and capabilities to save lives and to protect property,
public health and safety or lessen or avert the threat of a catastrophe.
Before any federal assistance can be rendered, the Governor must first
determine that the situation is of such severity and magnitude that
effective response is beyond the capabilities of the state and affected
county and municipal governments and that federal assistance is necessary.
As a prerequisite to federal assistance, the Governor shall take appropriate
action under law and direct execution of the Commonwealth Emergency
Operations Plan. The Governor's request for declaration of a
major disaster by the President may be accepted, downgraded to emergency
or denied.
PRESIDENTIAL DECLARATION OF MAJOR DISASTER
Any natural catastrophe or, regardless of cause, any fire,
flood, or explosion which, in the determination of the President,
causes damage of sufficient severity and magnitude to warrant major
disaster assistance to supplement the efforts and available resources
of states, local governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering caused thereby.
PUBLIC INFORMATION STATEMENTS
Public announcements made by the Township Commissioners'
spokespersons via newspapers, radio, or television to explain government
actions being taken to protect the public in the event of any public
emergency. The purpose of the announcement is to provide accurate
information, prevent panic, and counteract misinformation and rumors.
RECEPTION CENTER
A predesignated site outside the disaster area through which
evacuees needing shelter will be able to obtain information, services
and direction to shelters.
REENTRY
The return to the normal community dwelling and operating
sites by families, individuals, governments, and businesses once the
evacuated area has been declared safe for occupancy.
ROUTE ALERTING
Accomplished by predesignated teams traveling in vehicles
along preassigned routes delivering an alert/warning message.
TEMPORARY SUSPENSION OF FORMAL REQUIREMENTS
Each political subdivision included in declaration of disaster
emergency declared by either the Governor or the governing body of
the political subdivision affected by the disaster emergency is authorized
[pursuant to 35 Pa.C.S.A. § 7301, as amended (relating to
general authority of Governor)] to exercise the powers vested under
this section in light of the exigencies of the emergency situation
without regard to time-consuming procedures and formalities prescribed
by law (excepting 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.
TRAFFIC CONTROL POINTS
Manned posts established at critical road junctions for the
purpose of controlling or limiting traffic. TCPs are used to control
evacuation traffic from the emergency or disaster site.
UNMET NEEDS
Capabilities and/or resources required for supporting emergency
operations but neither available nor provided for at the respective
levels of government.
WEATHER WARNING
Previously expected severe weather is occurring or is about
to occur.
WEATHER WATCH
Indicates that conditions and ingredients exist to trigger
severe weather.
[Added 4-16-2020 by Ord.
No. 2020-08]
A. General.
(1) During a local disaster emergency declared by the Board of Commissioners,
the Commissioners have the authority and responsibility to protect
the safety, health and welfare of Manheim Township residents and the
general public within the Township.
(2) A local disaster emergency involving a pandemic represents a particularly
dangerous threat to the safety, health and welfare of the public because
it involves a highly contagious disease that is spread by community
contact.
(3) Under the very unique and limited circumstances of a local disaster
emergency involving a pandemic, the Board of Commissioners needs to
have the authority to issue orders, approve actions and take other
steps to contain the pandemic in order to protect the safety, health
and welfare of the public.
(4) The Emergency Management Coordinator and the Township Manager shall
provide input and make recommendations to the Board of Commissioners
regarding what orders, actions and steps are reasonably required and
necessary to adequately protect the public safety, health and welfare.
B. Authority.
(1) The Pennsylvania First Class Township Code, 53 P.S. § 55101, et seq. grants the Board of Commissioners broad general powers to protect the safety, health and welfare of persons within the Township, including adopting ordinances and taking action related to controlling the spread of a contagious disease. See 53 P.S. § 56552 (General Powers), 53 P.S. § 56150 (Public Safety) and Article
XVI (Public Health).
(2) The Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A.
§ 7101, et seq., places the responsibility for direction
and control on the "lowest level of government affected" and authorizes
local political subdivisions to, inter alia, adopt and implement precautionary
measures to mitigate the anticipated effects of a disaster and to
execute and enforce such orders adopted and promulgated under the
Act. See 35 Pa.C.S.A. § 7504 (a) (responsibility for direction
and control) and 35 Pa. C.S.A. § 7503 (5), (6) (powers and
duties of political subdivisions).
(3) Under Pennsylvania law, the Board of Commissioners has the authority
and responsibility to take action to respond to public nuisances that
threaten the safety, health and welfare of the public.
C. Issuance of emergency orders and actions. During a local disaster
emergency involving a pandemic that poses a threat to the health,
safety and welfare of the residents or to the employees of Manheim
Township or to the general public, the Manheim Township Board of Commissioners
shall have the authority to approve by resolution emergency actions
and orders intended to protect the safety, health and welfare of the
public and Township employees that are put at risk as a result of
the pandemic. Such actions and orders may include, but are not limited
to, temporarily suspending permits, work orders, licenses, zoning
approvals, inspections and other approvals or activities as the Board
of Commissioners determines are needed to respond to the pandemic.
D. Notice. Notice of a resolution authorizing an emergency order or
action issued by the Board of Commissioners under this section shall
be provided to the public through the posting of the resolution on
the Manheim Township website and by posting the resolution on the
front door of the Manheim Township municipal building.
E. Time limitations on emergency orders and actions. Any resolution
by the Board of Commissioners authorizing an emergency order or action
under this section shall be effective only during the time a local
disaster emergency is in effect within Manheim Township. Moreover,
any order or action shall automatically expire after 30 days unless
a new resolution is approved by the Board of Commissioners extending
the order or action for another 30 days, which the Board can continue
to extend every 30 days if required for the duration of the local
disaster emergency.
F. Judicial review of resolution authorizing an emergency order or action.
Any person aggrieved by a resolution adopted by the Board of Commissioners
under this section may seek judicial review by filing an appropriate
action with the Lancaster County Court of Common Pleas as provided
for under the First Class Township Code. See 53 P.S. § 56502.1(c).