Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 12-12-1994 by Ord. No. 12-12-94A]
The Mayor is hereby authorized to use the specific powers granted to him under the Statutes of the Commonwealth of Pennsylvania a to declare a state of emergency.
The Mayor shall be required to issue such a proclamation in writing which shall be available for view by all interested parties.
The declared state of emergency may not exceed seven days.
At any time during the proclamation of the emergency, the Council may, by resolution, rescind, modify or extend the emergency proclamation.
The written proclamation declaring such an emergency condition shall outline all specific prohibitions which may contain the following:
Prohibiting persons from being on public streets during the hours declared to be a period of curfew;
Prohibiting the entry or departure of persons into or from any restricted areas;
Prohibiting the sale, purchase or dispensing of any commodities or goods as designated by the Mayor;
Prohibiting the transportation, possession or use of flammable or explosive liquids, except in connection with normal operations of motor vehicles, normal use or legitimate commercial use;
Prohibiting any other such activities as the Mayor reasonably believes should be prohibited to help preserve life, health, property or the public peace, including, but not limited to those activities set forth more fully in this ordinance.
[Amended 11-12-2007 by Ord. No. 11-12-07C]
Authority to proclaim emergency condition. The Mayor shall have the authority to proclaim an emergency condition. An emergency condition can be declared for any natural event, including hurricane, tornado, storm, high water, wind-driven water, tsunami, earthquake, volcanic eruption, landslide, mudslide, or drought, or, regardless of cause, fire, flood, explosion, or hazardous material contamination.
The Mayor may also declare an emergency snow condition. For purposes of this article, "emergency snow condition" means any condition involving an accumulation of snow or ice, which the Mayor determines to be hazardous to safety. The emergency snow condition shall be communicated as soon as proclaimed to local radio and television stations for broadcast. An emergency snow condition shall continue in effect from the date of proclamation until such time as the Mayor proclaims termination of the condition.
Prohibition of unattended vehicles on roads during emergency snow condition. No person, company, organization or any other entity shall park or otherwise leave any motor vehicle unattended on the streets, roads and highways within the boundaries of the Municipality of Bethel Park during an emergency snow condition.
Prohibition on operating vehicle on roads during emergency snow condition without proper tires. No person, company, organization or any other entity shall operate any motor vehicle on the streets, roads and highways within the boundaries of the Municipality of Bethel Park during the period of an emergency snow condition which is not equipped with tires having treads suitable for use in snow or icy conditions.
The written proclamation shall clearly describe any restricted area with particularity and must specify the hours when such prohibitions are to be in effect.
[Amended 11-12-2007 by Ord. No. 11-12-07C]
Any person violating the Mayor's proclamation of emergency shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $300 in costs and in default thereof to undergo imprisonment not to exceed 30 days.
This ordinance shall become effective 30 days from enactment.
Any ordinance or part of any ordinance conflicting with the terms and provisions of this ordinance be and the same is hereby repealed to the extent of said conflict.
[Adopted by Ord. No. 12-12-94B]
The Municipality of Bethel Park has determined that Releases of Hazardous Substances within the Municipality may require immediate response; and
The Council desires to protect the safety and welfare of Bethel Park residents and emergency response personnel and to provide for reimbursement of Response Costs and other costs.
For purposes of this Ordinance, Hazardous Substances shall include:
"Hazardous material" as defined by the Pennsylvania Hazardous Material Emergency Planning and Response Act, Act of Dec. 7, 1990, P.L. 639, No. 165, § 103, 35 P.S. § 6022.103;
Natural gas, liquefied natural gas, gasoline, petroleum and other petroleum products; and
Infectious and chemotherapeutic wastes as regulated by the Pennsylvania Infectious and Chemotherapeutic Waste Disposal Act, Act of July 13, 1988, P.L. 525, No. 93, § 1, 35 P.S. § 6019.1, et seq.
"Person" shall include any individual, firm, corporation, association, partnership or other legal entity.
"Release" shall include any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.
"Response Costs" shall have the meaning set forth in the Pennsylvania Hazardous Material Emergency Planning and Response Act, Act of Dec. 7, 1990, P.L. 639, No. 165 § 103, 35 P.S. § 6022.210(c).
The Municipality of Bethel Park hereby authorizes and directs its emergency services and other municipal employees, and volunteer emergency services organizations recognized by the Municipality, to take actions as may be reasonably necessary to prevent Releases of Hazardous Substances within the Municipality, to clean up such Releases, and otherwise to abate the effects of such Releases. Such actions shall include, but shall not be limited to, traffic control, medical care, evacuation, relocation, analytical testing to measure or identify Hazardous Substances, and actions to contain, remove and dispose of Hazardous Substances.
Any Person who owns or operates any vessel, container, vehicle, property or facility from which Hazardous Substances are Released, and any Person who abandons or discards any Hazardous Substances, shall be strictly liable for: Response Costs incurred by the Municipality or by any volunteer emergency services organization as a result of the Release or abandonment or discarding of Hazardous Substances; and Response costs, lost profits, or any other direct or consequential damages sustained by any Person as a result of the Release or abandonment or discarding of Hazardous Substances.
A charge of $250 shall be assessed by the Municipality against any Person extricated from a vehicle by the Municipality or by any volunteer emergency services organization in the Municipality using the Hurst tool or the jaws of life.
The remedies provided by this ordinance shall be in addition all other remedies provided by law.
Any conflicting ordinance or resolution or any part thereof is rescinded insofar as it conflicts with the provisions of this Ordinance.
The provisions of this Ordinance are severable and, if any provision of this Ordinance shall be held invalid, illegal or unconstitutional, then the remaining provisions shall remain in full force and effect, it being Council's intention that the balance of this Ordinance would have been adopted if such invalid, illegal or unconstitutional provision had not been included.