[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood 10-18-1971 by Ord. No. 664. Amendments
noted where applicable.]
When there exists in the Borough of Collingswood
a state of disaster or emergency brought about by natural causes or
by the action of any person or persons and such state of disaster
or emergency causes or may cause violence and injury to be inflicted
upon people in the Borough of Collingswood and causes or may cause
damage and destruction to property in the Borough of Collingswood,
both public and private, all being against the health, safety and
welfare of the people of the Borough of Collingswood, then in that
event, the Mayor or, in his absence, the Acting Mayor (herein designated
as "Mayor") shall have the authority to declare that a state of disaster
or emergency exists; and he shall have the authority and be empowered
to do the following:
A.Â
Issue orders or proclamations regulating the hours
during which persons shall be prohibited from remaining upon the public
streets, ways and places in the Borough of Collingswood.
B.Â
Issue orders or proclamations regulating the hours
during which vehicular traffic shall be prohibited or restricted from
traveling over the streets of the Borough of Collingswood.
C.Â
Issue orders or proclamations regulating the hours
during which all sales of gasoline by gasoline service stations in
the Borough of Collingswood shall be closed to business.
The Mayor, upon declaring that a state of disaster
or emergency exists in the Borough of Collingswood, shall forthwith
advise any newspaper and radio station located within the Borough
of Collingswood or elsewhere and shall request that the announced
state of disaster or emergency be publicized at once.
[Amended 8-15-1994 by Ord. No. 1058]
The judgment of the Mayor that a state of disaster
or emergency exists within the Borough of Collingswood and that it
has caused or is likely to cause injury and damage to person and property
within the Borough of Collingswood shall be final and absolute.
After the Mayor has declared that a state of
disaster or emergency exists in the Borough of Collingswood and has
issued an order or proclamation regulating the movements of persons
or vehicles in or about the Borough of Collingswood or the sale of
gasoline by gasoline service stations in the Borough, it shall be
unlawful and a violation to be upon the streets, ways or places in
the borough, to drive vehicles over the streets in the borough or
to sell gasoline at any gasoline service station during the hours
prohibited by said order or proclamation unless otherwise permitted
by the Borough of Collingswood.
[Amended 8-15-1994 by Ord. No. 1058]
Any person who shall violate any of the provisions
of an order or proclamation issued by the Mayor shall, upon conviction
thereof, be subject to a fine not to exceed one thousand dollars ($1,000),
imprisonment for a term not to exceed ninety (90) days or a period
of community service not to exceed ninety (90) days, or any combination
thereof.
[Added 5-1-2017 by Ord.
No. 1617]
The Borough shall be authorized to require reimbursement from:
A.Â
Those responsible for (either intentionally, accidentally, or as
a result of actions by others) or owning or controlling property affected
by the leaking, spilling, releasing or allowing certain hazardous
substances or materials to escape containment, or for damaged and/or
downed power lines, electric services lines, gas mains, gas service
conduits, water mains, sanitary sewer mains, storm sewer mains, occupancy
leads, telephone lines, cable television lines, traffic signals or
signs; thereby requiring the Borough and/or its agents to provide
emergency containment, cleaning, and/or disposal of hazardous substances
or materials, or for the securing the prudent monitoring of the site
of an accident or natural disaster, including those involving public
or private utilities.
B.Â
Those responsible for (either intentionally, accidentally, or as
a result of actions by others) or owning or controlling property affected
by or involved in an emergency incident including bomb threats, vehicle
fires, illegal fires, a fire resulting from an outstanding prior notice
of fire code violation, extraction from vehicles involved in accidents,
and accident-related cleanup.
[Added 5-1-2017 by Ord.
No. 1617]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An unforeseen or unexpected happening or occurrence which
of itself causes great harm or damage, or which creates the potential
for great harm or damage to individuals and/or property, and which
requires immediate and prudent securing and monitoring by the Borough,
and/or agents of the Borough, to reduce the potential for such damage,
but not including emergency incidents.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would violate a federal,
state or local law, or cause property damage and/or personal injury
or death.
Any substance (including gases or vapors) which if spilled,
leaked, or otherwise released from its container is dangerous or harmful
to the environment or human or animal life, health, or safety, or
otherwise constitutes a danger, threat or nuisance to the public health,
safety or welfare. Hazardous materials shall include but not be limited
to such substances as chemicals and gases, explosives, radioactive
materials, petroleum or petroleum-based products, poisons, biologic
agents, flammables, combustibles, hazardous wastes, or corrosives.
The Borough's Emergency Management Coordinator or his designee
shall have reasonable discretion to determine whether any particular
substance constitutes a hazardous material.
As defined in § 155-1.
A bomb threat, vehicle fire, an illegal fire, extrication
from vehicles involved in accidents, accident-related cleanup and
traffic officers for roadway closures due to vehicle accidents.
The providing, sending and/or utilization of public works,
police, fire and/or rescue services by the Borough at an emergency
incident or at an incident involving release of a dangerous or hazardous
substance or material, or an accident requiring immediate and prudent
securing and monitoring by the Borough and/or agents of the Borough.
The expense for an emergency incident shall be according to
a fee schedule adopted by the Borough of Collingswood.
For all other emergency responses, the direct costs incurred
by the Borough in making an appropriate emergency response to an accident
or incident, including the costs of providing police, fire-fighting
and rescue services, public works and/or other Borough personnel,
or the services of other agents of the Borough at the scene of an
incident or accident. Related administrative costs, which for agents
of the Borough shall be 15% of the actual charge to the Borough, accruing
after the occurrence of such incident or accident are also included.
Such costs and expenses shall include the salaries or wages, workers'
compensation benefits, and fringe benefits of the personnel responding
to the incident or accident and the costs of equipment and materials
used.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire, a fire
set in violation of a no-burning ban or other and/or a fire set without
a required permit.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for an emergency incident or any
owner, tenant, occupant or party in control of real and/or personal
property from which, onto which or related to which there is a public
safety or fire emergency incident and their heirs, estates, successors
and assigns.
[Added 5-1-2017 by Ord.
No. 1617]
It shall be the duty of any person, firm, corporation, public
or private utility, or any other entity directly or indirectly causing,
contributing to, or allowing the leakage, spillage or any other release
of dangerous or hazardous substances or materials, or owning or controlling
property affected thereby or requiring the securing and monitoring
of sites or locations of accidents and/or natural disasters, including
downed power lines and electric service lines, ruptured gas mains,
gas service conduits, water mains, occupancy leads, telephone lines,
or cable television lines, to immediately secure, monitor, and clean
up the area or location in such manner that the area or location involved
is fully restored to the condition existing prior to such occurrence.
The Borough shall have no duty to contain, clean up or dispose of
any release of hazardous substances or materials, or other materials,
but in emergency situations the Borough's Emergency Management
Coordinator, or his designee, shall have the authority to take whatever
action is reasonably necessary to protect the health, safety, and
welfare of the general public including securing and monitoring sites
of accidents or providing for or arranging for the containment, removal
or clean up of any hazardous substances or materials. The Borough
shall inspect the site to insure that the cleanup has been fully completed.
[Added 5-1-2017 by Ord.
No. 1617]
Any person or entity failing to comply with this chapter, and/or
whether a nonemergency incident, emergency response is provided by
the Borough, shall be liable to the Borough and shall reimburse the
Borough for all costs and expenses, including the costs incurred by
the Borough or any agents the Borough engages, for the complete abatement,
cleanup, restoration and/or securing of the affected area.
[Added 5-1-2017 by Ord.
No. 1617]
The Borough Administrator or Chief Financial Officer shall,
within 10 days of receiving itemized costs incurred for an emergency
response, submit a bill for the same by first class mail or personal
delivery to any person or entity liable for these expenses as previously
enumerated under this chapter. The bills shall require full payment
within 30 days from the date of billing.
[Added 5-1-2017 by Ord.
No. 1617]
If any person or entity fails to reimburse the Borough as above
provided, the Borough shall have the right to bring an action in the
appropriate court to collect such costs. If such person or entity
is the owner of real property affected or practically affected by
the release of hazardous materials, or requiring emergency securement
or monitoring, the Borough shall have the right to add any and all
costs of cleanup, restoration and/or of any emergency response to
the tax roll of such property and to levy and collect such costs in
the same manner as provided for the levy and collection of real property
taxes against said property.
[Added 5-1-2017 by Ord.
No. 1617]
The Borough's Emergency Management Coordinator shall have
the authority to procure all necessary resources to enable the Borough
to respond as necessary to the events covered by this chapter and
shall, following the passage of the emergency circumstances, immediately
proceed with the required reporting and documentation procedures under
the Borough's purchasing policies or as otherwise required under
the statutes of New Jersey.[1]
[1]
Editor's Note: Former § 155-13, Fee schedule, added 5-1-2017
by Ord. No. 1616, and which immediately followed this section, was
repealed 12-2-2019 by Ord. No. 1675.
