[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. 
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. 
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. 
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. 
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. 
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.
ACCIDENT, INCLUDING NATURAL DISASTER
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.
BOMB THREAT
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.
DANGEROUS OR HAZARDOUS SUBSTANCES OR MATERIALS
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.
DECLARATION OF EMERGENCY
As defined in § 155-1.
EMERGENCY INCIDENT
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.
EMERGENCY RESPONSE
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.
EXPENSE OF AN EMERGENCY RESPONSE
A. 
The expense for an emergency incident shall be according to a fee schedule adopted by the Borough of Collingswood.
B. 
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.
ILLEGAL FIRE
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.
RESPONSIBLE PARTY
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.