[Adopted 10-4-2013 by Ord. No. 13-39C]
A.
There exists in Long Beach Township a Department of Emergency Management
staffed by such employees as may be designated by the Commissioner
of Public Affairs and Safety and/or by the Emergency Management Coordinator.
B.
The Commissioner of Public Affairs and Safety and the Emergency Management
Coordinator are authorized to execute an emergency declaration when
conditions affecting the public health, safety and welfare occur.
C.
Various temporary restrictions may be imposed upon the public during
declared emergencies, including, but not limited to, evacuation, curfew,
and the like, as conditions or circumstances dictate.
D.
Individuals, businesses, organizations, etc., in violation of the
temporary restriction implemented due to an emergency or as a result
of an emergency declaration shall be subject to fine.
The Board of Commissioners of the Township of Long Beach has
determined the need for the preparation, mitigation, training and
recovery functions in the event of an emergency; the direction of
the emergency management organization; for the coordination of the
emergency functions of this Township with other public agencies, corporations,
organizations and affected private persons; and for compliance with
the state-approved Emergency Operations Plan for, and adopted by,
Long Beach Township.
A.
The Emergency Management Department is under the direction of the
Commissioner of Public Affairs and Safety.
B.
The Commissioner of Public Affairs and Safety shall appoint the Emergency
Management Coordinator to oversee and direct the preparation, mitigation,
preparedness, recovery efforts and training pursuant to the Emergency
Management Plan as well as the supervision of the Emergency Operations
Center.
C.
The Commissioner of Public Affairs and Safety shall be responsible
to oversee the development of the Emergency Operations Plan, which
shall provide for the effective mobilization of all of the resources
for the Township, both public and private, to meet any condition constituting
a local emergency and shall provide for the organization, powers and
duties, services and staffing of the emergency organization.
As used in this article, the following terms shall have the
meanings indicated:
An occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from, but not
limited to, any natural, technological or human-made cause, including
fire, flood, earthquake, windstorm, wave-action, oil spill or other
contamination, radioactive incident, epidemic, air contamination,
blight, drought, infestation, explosion, or structure failure of a
dune, jetty or bulkhead system, building or infrastructure, or other
public calamity requiring emergency action.
A situation which involves an emergency or a disaster. Generally,
a state of emergency is a declaration by governing officials that
an emergency situation exists and that extraordinary measures are
required to preserve the peace or safety of the public.
A.
The emergency declaration shall be in the form of a "proclamation
of local disaster emergency" and shall be executed by the Mayor/Commissioner
of Public Affairs and Safety and by the Emergency Management Coordinator.
B.
The proclamation of local disaster emergency may also authorize additional
specific emergency measures effective for the duration of the emergency
period.
The Commissioner of Public Safety is empowered to:
A.
Request the Governor, in coordination with the counties and appropriate
state agencies, to proclaim a local disaster emergency when, in the
opinion of the Commissioner of Public Affairs and Safety, the locally
available resources are inadequate to cope with the emergency.
B.
Control and direct the effort of the Long Beach Township Emergency
Management Department in order to accomplish the purposes of this
article.
C.
Direct cooperation between and coordination of services and staff
of the Emergency Management Department and resolve questions of authority
and responsibility that may arise between them.
D.
Represent Long Beach Township on matters pertaining to emergencies
as defined in this article.
E.
In the event of the proclamation of local disaster emergency as provided
in this section and declared by the Commissioner of Public Affairs
and Safety and the Emergency Management Coordinator, the Commissioner
of Public Affairs and Safety is empowered, to extent lawfully permissible:
(1)
To make and issue rules and regulations on matters reasonably related
to the protection of life and property as affected by such emergency.
(2)
To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to
bind the Township for the fair value thereof, and, if required immediately,
to commandeer the same for public use.
(3)
To require emergency services of any Township officer or employee
and, in the event of the proclamation of local disaster emergency,
to enlist the aid of as many citizens of this community as he or she
deems necessary in the execution of his or her duties. Such persons
shall be entitled to all privileges, benefits and immunities as are
provided by state law for registered emergency service workers.
(4)
To direct necessary personnel or material of any Township department
or agency.
(5)
To encumber Township funds for emergency use and suspend standard
procurement procedures in compliance with the Local Public Contracts
Law.
(6)
To establish a curfew which fixes the hours during which all persons,
other than officially authorized personnel, may not be upon the public
streets or other public places within the Township.
(7)
To prohibit or limit the number of persons who may gather or congregate
upon any public street, public place, including any indoor place,
or any outdoor place. These limits and prohibitions shall include
private property.
(8)
To barricade streets, prohibit vehicular or pedestrian traffic, or
regulate such traffic on any public street leading to the emergency
area for such distance as may be deemed necessary under the circumstances.
(9)
To order mandatory evacuation of persons within the Township, which
shall be enforceable by Township, county or state police officers,
fire officials, and firefighters, as well as any other enlisted armed
forces personnel (i.e.: National Guard, etc.).
(10)
To curtail or suspend commercial and civic activity, including
activity of private schools and places of worship.
(11)
To order such other measures as are necessary for the protection
of the public health, safety, or welfare or for the recovery from
the emergency.
(12)
To execute all of his or her ordinary power as the Commissioner
of Public Affairs and Safety; all of the special powers conferred
upon him or her by this article, or by resolution, or by the Emergency
Operations Plan; and all powers conferred upon him or her by any agreement
approved by the Board of Commissioners and/or by any other lawful
authority.
G.
Within 10 days of the proclamation of local disaster emergency, any
person aggrieved by an emergency order may request a hearing before
the municipal court to determine whether issuance of the order was
an abuse of discretion. The municipal court shall hear the matter
within 30 days of the request for hearing, or within a reasonable
period of time thereafter when conditions permit. The hearing shall
be summary in nature and shall not be subject to the New Jersey rules
of evidence. The case shall be heard by the Judge only, without jury.
The only issue for the court shall be to determine whether or not
the emergency order was an abuse of discretion. If the court finds
that there is no abuse of discretion in issuing the order, the order
shall be affirmed. In the event that the court finds that the issuance
of the order was an abuse of discretion, the court shall invalidate
the order.
A.
The Emergency Management Coordinator, at the direction of the Commissioner
of Public Affairs and Safety, shall develop, and revise from time
to time, a state-approved Emergency Operations Plan for response to
emergencies directly or indirectly involving the Township, and for
the provision of emergency services, both directly and in coordination
with other public and private agencies.
B.
Such plan shall include provisions for temporary reassignment of
Township personnel, equipment and supplies for emergency services
functions under lines of authority designated in the plan; for the
emergency acquisition of necessary equipment, materials and services;
and for the assignment of duties relating to pre-planning, training,
and ongoing support for the Emergency Management Department.
Any expenditure made in connection with emergency activities,
including mutual-aid activities, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property
of the Township of Long Beach and in accordance with all applicable
laws of the State of New Jersey.
A.
It shall be a violation of this article during a state of emergency
to:
(1)
Willfully obstruct, hinder or delay any member of an emergency organization
in the enforcement of any lawful rule or regulation issued pursuant
to this article or in the performance of any duty imposed upon him
or her by virtue of this article.
(2)
Do any act forbidden by any lawful rule or regulation issued pursuant
to this article if the act is of such nature as to imperil the lives
and property of inhabitants of this Township or to prevent, hinder
or delay the protection thereof.
B.
Any single violation of the provisions of this article shall be punishable
by issuance of a fine in an amount not to exceed $1,000 per occurrence.
