[HISTORY: Adopted by the Council of the Borough of Lansdale 4-15-1987 by Ord. No. 1358 (Ch. 9 of the 1972 Code); amended in its entirety 11-20-2019 by Ord. No. 2019-1929. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A direct or indirect assault against the Borough of Lansdale, its government or its environs, or of the nation, by the forces of a hostile nation or the agent thereof, including but not limited to assault by bombings: radiological, chemical or biological means; or sabotage.
- The Emergency Management Coordinator of the Emergency Management Agency of the Borough of Lansdale as selected in accordance with the provisions of this chapter. In the event that the position of Emergency Management Coordinator is vacant or remains unfilled during a disaster or declared emergency, the Chief of Police of the Borough of Lansdale shall perform the duties of the Emergency Management Coordinator until such time that the position is filled or the disaster or declared emergency has ended.
- DECLARED EMERGENCY
- A declared emergency directly and specifically affecting or including the Borough of Lansdale as may be lawfully declared by the Commonwealth of Pennsylvania or the United States government; or as may be declared a local emergency by Lansdale Borough in accordance with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A. § 7501, or any successor provision or statute.
- An actual or threatened attack, natural disaster, extraordinary fire, epidemic, evacuations or any other pending or actual emergency or calamity which endangers or threatens to endanger the health, safety, life or property of the residents of the Borough or endangers or threatens the constituted government of the nation or commonwealth.
- EMERGENCY MANAGEMENT
- The managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters.
- EMERGENCY MANAGEMENT FORCES
- The employees, equipment and facilities of all Borough departments, boards, institutions and commissions, and all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
- EMERGENCY MANAGEMENT VOLUNTEER
- Any person duly enrolled, identified and appointed by the Coordinator and assigned to participate in Emergency Management Agency activity.
- Any individual, firm, corporation, association or partnership, including the plural as well as the singular and both genders.
- The plans, programs and emergency procedures established by the Emergency Management Agency which are deemed essential to an adequate program.
- A person contributing a service, equipment or facilities to the Emergency Management Agency without remuneration.
The purpose of this chapter shall be to:
Establish an Emergency Management Agency that will be responsible for the complete and efficient utilization of all Borough employees, equipment, and facilities to safeguard and protect life and property within the Borough of Lansdale during a declared emergency or disaster.
Establish the Emergency Management Agency and its attendant responsibilities, duties and powers, including but not limited to provisions for the promulgation of a basic emergency management plan with necessary lines of succession.
Establish the Emergency Management Coordinator and the position's attendant responsibilities, duties and powers as Coordinator of the Emergency Management Agency.
Provide for the promulgation of emergency management regulations, enforcement and penalties.
There is hereby created an Emergency Management Agency for the Borough of Lansdale. The Emergency Management Agency shall consist of a Coordinator, to be known as the "Emergency Management Coordinator," who shall be selected by the Borough Council, with the approval of the Mayor. The Coordinator may appoint a staff as is necessary, but in all circumstances, said appointments, if any, shall be with the express approval of the Borough Council. In a declared emergency, the Emergency Management Coordinator shall consult or confer with the Mayor or the Mayor's designee as appropriate.
The Emergency Management Coordinator shall be professionally competent and capable of planning, effecting coordination among various departments and generally controlling coordinated operations by emergency preparedness forces. The Emergency Management Coordinator must be certified by the Governor of Pennsylvania and must have obtained or received prior to selection an appropriate level of training and education relating to emergency management and/or domestic preparedness from an approved and accredited course or program through the commonwealth or a federal agency such as FEMA. Following appointment, the Emergency Management Coordinator shall continue to obtain additional training and education relating to emergency management and/or domestic preparedness from approved and accredited courses or programs through the commonwealth or a federal agency such as FEMA. Unless otherwise prohibited by law, the Emergency Management Coordinator may hold an appointed position under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth, provided that such appointed position shall not interfere with the duties, responsibilities and obligations as set forth in this chapter. At no time, however, shall the Emergency Management Coordinator hold an elected position under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth while serving as Emergency Management Coordinator for the Borough.
The employees, equipment and facilities of all Borough departments, boards, institutions and commissions will be at the disposal of the Emergency Management Agency and will participate as directed by the Coordinator with the approval of the Borough Council; provided, however, that the duties assigned to the various departments shall be the same or similar to the normal activities of said departments.
Subject to the direction and control of the Borough Council, the Emergency Management Agency shall have the following powers and duties:
To prepare a comprehensive basic plan for emergency management and keep the basic plan current to provide for the fullest protection of the Borough and its inhabitants in case of disaster or declared emergency.
To recommend to the Borough Council or their designated alternate, and the Mayor, all necessary rules and regulations for the implementation of the basic plan, and all other rules and regulations necessary for the protection of the Borough and its inhabitants in case of disaster or declared emergency.
To provide individual and organizational training programs to ensure prompt, efficient and effective disaster emergency service.
To organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.
To adopt and implement precautionary measures to mitigate the anticipated effects of disaster.
To have available for inspection at its emergency operations center all the emergency management plans, rules and orders, if any, of the agency.
To provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
Subject to the provisions of this chapter or as required by law, the Emergency Management Coordinator shall have the following powers and duties:
To oversee the formulation of the basic plan of emergency management and to direct its implementation in time of disaster or declared emergency.
To designate the lines of succession within the Emergency Management Agency and be responsible for the proper performance of all necessary duties and functions assigned to the various departments under the basic plan.
To make recommendations for rulings, orders or ordinances on behalf of the Emergency Management Agency to the Borough Council, or their designated alternate, whenever requested to do so and whenever it is deemed necessary or advisable.
To make reports to the Borough Council and the Mayor as required.
It shall be unlawful for any person to violate any of the provisions of this chapter or of the regulations or plans issued pursuant to the authority contained herein or to willfully obstruct, hinder or delay any member of the Emergency Management Agency as herein defined in the enforcement provisions of this chapter or any regulation, plan or order issued hereunder.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.