[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as Title 2, Ch. 2.44, of the 1998 Township Code.
Amendments noted where applicable.]
This chapter shall be known and may be cited and referred to
as the "Emergency Management Ordinance of the Township of Edgewater
Park."
A.
It is the intent and purpose of this chapter to establish an Emergency
Management Office staffed by an emergency management coordinator,
as hereinafter provided, that will insure the complete and efficient
utilization of all the Township's facilities to combat disaster resulting
from major emergencies, natural, man-made or nuclear disasters, or
enemy attack.
B.
The Edgewater Park Office of Emergency Management will be the coordinating
agency for all activity in connection with emergency management: it
will be the instrument through which the Municipal Disaster Control
Director-Coordinator may exercise the authority and discharge the
responsibilities vested in him in the New Jersey Civil Defense Act
of 1942 (N.J.S.A. App. A:9-30 et seq., Volume Title 58, as amended
and supplemented) and this chapter.
C.
This chapter shall not relieve any Township official or department
of the responsibilities or authority given to it by the municipal
ordinances of the Township, nor will it adversely affect the work
of any voluntary agency organized for relief in disaster emergencies.
The following definitions shall apply in the interpretation
of this chapter:
The Municipal Disaster Control Director-Coordinator appointed
by the Township of Edgewater Park as prescribed by this chapter.
An unusual incident resulting from natural or unnatural causes
which endangers the health, safety, or resources of the residents
of this Township, and which is or may become too large in scope or
unusual in type to be handled in its entirety by regular Township
operating services.
Includes "disaster" and "war emergency," as defined in this
section.
The employees, equipment and Township facilities of all departments,
boards, institutions and commissions, and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by,
or obtained from, volunteer persons or agencies.
Any person duly registered, identified and appointed by the
Municipal Disaster Control Director-Coordinator of the Office of Emergency
Management and assigned to participate in the emergency management
activity.
Includes any disaster, or the imminence thereof, resulting
from natural or unnatural causes other than enemy attack and limited
to the extent that action by the Governor under the New Jersey Emergency
Management Disaster Control Act[1] is not required.
Includes plans, program and other emergency procedures deemed
essential to civil defense.
Contributing a service, equipment or facilities to the emergency
management organization without remuneration.
Includes any disaster occurring anywhere within the Township
as the result of enemy attack or the imminent danger thereof.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
A.
The Mayor shall appoint a Municipal Disaster Control Director-Coordinator
from among the residents of the Township. The Municipal Disaster Control
Director-Coordinator shall serve for a term of three years, subject,
however, to successfully completing at the time of his appointment,
or within one year immediately thereafter, whichever is later, the
current approved training requirements. The failure of the Municipal
Disaster Control Director-Coordinator to fulfill such requirements
within the period prescribed shall disqualify the Director-Coordinator
from continuing the office of Director-Coordinator and thereupon a
vacancy in said Office shall be deemed to have been created (N.J.S.A.
App. A:9-40.1, as amended January 4, 1985).
B.
The Director-Coordinator is authorized and directed to create an
organization for emergency management, utilizing to the fullest extent
the existing agencies of the Township. The Director-Coordinator, as
executive head of the Edgewater Park Township Office of Emergency
Management, shall be responsible for its organization, administration
and operations.
A.
The Municipal Disaster Control Director-Coordinator shall be responsible
to the Mayor in regard to all phases of the emergency management activities.
Under supervision of the Mayor, he shall be responsible for the planning,
activation, coordination and operation of the emergency management
activity of the Township. Under the supervision of the Mayor, he shall
maintain liaison with the county, state and federal authorities and
the authorities of other nearby political subdivisions as to insure
the most effective operation of the emergency operations plan. His
duties shall include, but not be limited to, the following:
(1)
Personnel.
(a)
Coordinating the recruitment of volunteer personnel and agencies
to augment the personnel and facilities of the Township for emergency
management purposes.
(b)
The Municipal Disaster Control Director-Coordinator may require
emergency services of any Township officer or employees. If regular
forces are determined to be inadequate, the Municipal Disaster Control
Director-Coordinator may require the services of such other personnel
as he can obtain that are available, including citizen volunteers.
All duly authorized persons rendering emergency services shall be
entitled to the privileges and immunities as are provided by state
law and ordinances for regular Township employees and other registered
and identified emergency management workers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III]
(2)
The Municipal Disaster Control Director-Coordinator may obtain vital
supplies, equipment and other properties found lacking and needed
for the protection of health, life and property of the people, and
bind the Township for the fair value thereof.
(3)
Negotiating and concluding agreements with owners or persons in control
of buildings or other property for the use of such buildings or other
property for emergency management purposes.
(4)
The Municipal Disaster Control Director-Coordinator will cause to
be prepared the basic plan herein referred to as the "Edgewater Park
Emergency Operations Plan."
(5)
Development and coordination of plans for the immediate use of all
the facilities, equipment, manpower and other resources of the Township
for the purpose of minimizing or preventing damage to persons and
property, and protecting and restoring to usefulness the governmental
services and public utilities necessary for the public health, safety
and welfare.
(6)
Through public information programs, educating the civilian population
as to actions necessary and required for the protection of their persons
and property in case of emergency as defined herein, either impending
or present.
(7)
Conducting public practice alerts to insure the efficient operation
of the emergency management forces and to familiarize residents with
regulations, procedures and operations.
(8)
The Coordinator, with the approval of the Mayor, shall order emergency
management forces to the aid of communities with which a mutual aid
agreement is in force. All other requests for assistance must be received
from the Burlington County Coordinator. When local resources are inadequate
to cope with an emergency, the Coordinator will request assistance
from the Burlington County Coordinator.
(9)
Assuming such authority and conducting such activity as the Township
Committee may direct to promote and execute the emergency operations
plan.
B.
The Municipal Disaster Control Director-Coordinator may exercise
the emergency power and authority necessary to fulfill his general
powers and duties as defined in this chapter. The judgment of the
Municipal Disaster Control Director-Coordinator shall be the sole
criteria necessary to invoke emergency powers indicated in this chapter
and other appropriate authorities. Nothing in this chapter shall be
construed as abridging or curtailing the powers or restrictions of
the Township Committee of the Township of Edgewater Park.
C.
During any period when disaster threatens or when the Township has
been struck by disaster, within the definition of this chapter, the
Township Committee may promulgate such regulations as it deems necessary
to protect life and property and preserve critical resources. The
Municipal Disaster Control Director-Coordinator shall assist in implementing
such regulations:
(1)
Regulations prohibiting or restricting the movement of vehicles in
order to facilitate the mass movement of persons from critical areas
within or without the Township;
(2)
Regulation pertaining to the movement of persons from areas deemed
to be hazardous or vulnerable to disaster;
(3)
Such other regulations necessary to preserve public peace, health
and safety; and
(4)
Regulations promulgated in accordance with the authority above will
be given widespread circulation by proclamations published by newspapers
circulating in the area and such other means of mass communication
as may be available. These regulations shall have the force of ordinance
when duly filed with the Clerk, and violations shall be subject to
the penalties as provided in this chapter.
A.
A comprehensive emergency operations plan shall be maintained by
the Municipal Disaster Control Director-Coordinator. In the preparation
of this plan as it pertains to Township organization, it is the intent
that the services, equipment, facilities and personnel of all existing
departments and agencies, including volunteer fire companies and first-aid
squads (said departments, agencies and companies hereinafter referred
to as "departments"), shall be utilized to the fullest extent to protect
the peace, health and safety of citizens. When approved, it shall
be the duty of all municipal departments to perform the functions
assigned by the plan and to maintain their portion of the plan in
a current state of readiness at all times. The basic plan shall be
considered supplementary to this chapter and have the effect of law
whenever a disaster, as defined in this chapter, has been proclaimed.
The plan shall be compatible with county and state plans.
B.
The Municipal Disaster Control Director-Coordinator shall prescribe
in the basic plan those positions within the disaster organization,
in addition to his own, for which lines of succession are necessary.
C.
The Municipal Disaster Control Director-Coordinator and each department
head assigned responsibility in the basic plan shall be responsible
for carrying out all duties and functions assigned therein. Duties
will include the organization and training of assigned Township employees
and volunteers. Each department head shall formulate an operation
plan for his service which, when approved, shall be an annex to and
a part of the basic plan.
D.
When a required competency or skill for a disaster function is not
available within the Township government, the Municipal Disaster Control
Director-Coordinator is authorized to seek assistance from persons
outside of government. The assignment of duties, when of a supervisory
nature, shall also grant authority for the persons so assigned to
carry out such duties prior to, during, and after the occurrence of
a disaster. Such services from persons outside of government may be
accepted by the Township on a volunteer basis. Such citizens shall
be enrolled as emergency management volunteers in cooperation with
the heads of department affected.
A.
Any person who shall do any of the following shall be adjudged a
disorderly person and shall be subject to imprisonment for a term
not to exceed six months or shall pay a fine not to exceed $1,000,
or both a fine and imprisonment, in the discretion of the court:
(1)
Commit
any unauthorized or otherwise unlawful act during the threat or imminence
of danger in any emergency that jeopardizes the health, welfare and
safety of the people; or
(2)
Commit any unauthorized or otherwise unlawful act during the threat
or imminence of danger during any emergency that contributes to the
loss of or destruction to property; or
(3)
Hamper, impede, or in any way interfere with any person who is performing
any function under this chapter; or
(4)
Drive any motor vehicle in a prohibited area during a blackout or
while an air raid alert is in progress or in any other manner contrary
to the rules and regulations covering any period of danger or any
emergency; or
(5)
Go within a prohibited area contrary to rules and regulations; or
(6)
Refuse to obey the lawful orders of any air raid warden, civilian
protection worker, or other person who is duly authorized to perform
any act or function during the threat or imminence of danger or any
emergency; or
(7)
Refuse to cooperate with any air raid warden, civilian protection
worker, or other person who is duly authorized to perform any act
or function in connection with activities during the threat or imminence
of danger or any emergency; or
(8)
Violate any order, rule or regulation adopted by the Governor and
promulgated as provided by this chapter; or
(9)
Violate any other provision of this chapter declared herein to be
unlawful;
B.
Prosecution for the imposition of a penalty pursuant to this section
shall be commenced in the Municipal Court of the Township. The state
shall be required to prove all elements of the offense beyond a reasonable
doubt in order to obtain a conviction. (Statute as amended by Laws
of 1982, Chapter 108, Paragraph 1, effective August 4, 1982.[1])
[1]
Editor's Note: See N.J.S.A. App. A:9-49.
