Township of East Pennsboro, PA
Cumberland County
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Table of Contents
Table of Contents
Public Documents

§ 28-101 Short Title.

[Ord. 794-16, 10/5/2016]
This Part shall be known and may be citied and referred to as the "Emergency Management Ordinance of East Pennsboro Township."

§ 28-102 Purpose.

[Ord. 794-16, 10/5/2016]
1. 
The purpose of this Part is to set forth the authority and responsibility of East Pennsboro Township in the prevention of, preparation for, response to, and the recovery from natural or man-made emergencies or hostile military or paramilitary action and do the following:
A. 
Reduce vulnerability of people and property of this Township to damage, injury, and loss of life and property.
B. 
Prepare for prompt and efficient rescue and care, and treatment of threatened or affected persons.
C. 
Coordinate with county, state and federal agencies for the orderly rehabilitation of persons and restoration of property.
D. 
Provide for cooperation and coordination of activities relating to emergency mitigation, preparedness, response, and recovery among agencies and officials of this Township and with the similar agencies and officials of other municipalities, counties, with the state and federal governments, with interstate organizations, and with other private and quasi-official organizations.

§ 28-103 Definitions.

[Ord. 794-16, 10/5/2016]
The following words and phrases, when used in this Part, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
AGENCY
The Pennsylvanian Emergency Management Agency.
COUNCIL
The Pennsylvania Emergency Management Council.
DISASTER
A man-made disaster, natural disaster, or war-caused or paramilitary action.
DISASTER EMERGENCY
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 residents of 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; and
3. 
Have been 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 SERVICES
The preparation for and 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, firefighting 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 resource 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 Board of Commissioners when, in its judgment, the threat or 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 Board of Commissioners, when he or 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.
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, mudslide, 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 East Pennsboro.
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
The Township of East Pennsboro, Cumberland 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.

§ 28-104 Declaration of Disaster Emergency.

[Ord. 794-16, 10/5/2016]
Under the authority granted by 35 Pa.C.S.A. § 7101, a disaster emergency may be declared by the Board of Commissioners upon finding a disaster has occurred or is imminent. The President of the Board of Commissioners may declare a disaster emergency subject to ratification by the Board. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the 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 Cumberland County and the Commonwealth of Pennsylvania Emergency Management Agencies. 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.

§ 28-105 Powers and Duties.

[Ord. 794-16, 10/5/2016]
1. 
In the event of declaration of a disaster emergency by the Governor or as provided in § 28-104, the Board of Commissioners, or the President of the Board, subject to ratification by the Board, may direct and authorize the Emergency Management Coordinator or Assistant Coordinators to do the following:
A. 
To suspend part or the entirety of Chapter 15, Motor Vehicles and Traffic, §§ 15-101 through 15-1312, as amended.
B. 
To authorize the Emergency Management Coordinator, or Assistant Coordinators, Chief of Police or any police officer, any employee of the Township, any 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, to prohibit or regulate the turning of vehicles, to prohibit or regulate use of a designated street, to remove any vehicle parked in violation of such order, to prohibit and regulate movement of vehicles or persons on any street, and to adopt such other traffic regulations as the circumstances may reasonably require.
C. 
To 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 such curfew, no person shall 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 sites, by purchase, lease or otherwise, 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 such 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.
J. 
To continue to participate in the Intergovernmental Cooperation Act for a joint emergency operations plan in accordance with Ordinance 766-10.

§ 28-106 Violations and Penalties.

[Ord. 794-16, 10/5/2016]
Whoever violates any provision of § 28-105, Subsection 1B or C, shall be fined for each violation not less than $100 and not more than $1,000 and, in default of payment of the fine, shall be imprisoned for not more than 30 days.

§ 28-107 Repealer.

[Ord. 794-16, 10/5/2016]
The provisions of this Part, as far as they are the same as those of ordinances in force immediately prior to the enactment of this Part, are intended as a continuation of such ordinances and not as new enactments. The provisions of this Part shall not affect any such suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this Part.

§ 28-108 Severability.

[Ord. 794-16, 10/5/2016]
The provisions of this Part are severable, and if any of its provisions shall be held to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of any of the remaining provisions of this Part. It is hereby declared as a legislative intent that this Part would have been adopted had such unconstitutional, illegal or invalid provision not been included herein.

§ 28-109 When Effective.

[Ord. 794-16, 10/5/2016]
This Part shall become effective upon enactment.