[HISTORY: Adopted by the Council of the Borough of Lansdale 4-15-1987 by Ord. No.
1358 (Ch. 9 of the 1972 Code); amended in its entirety 11-20-2019 by Ord. No.
2019-1929. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A direct or indirect assault against the Borough of Lansdale,
its government or its environs, or of the nation, by the forces of
a hostile nation or the agent thereof, including but not limited to
assault by bombings: radiological, chemical or biological means; or
sabotage.
The Emergency Management Coordinator of the Emergency Management
Agency of the Borough of Lansdale as selected in accordance with the
provisions of this chapter. In the event that the position of Emergency
Management Coordinator is vacant or remains unfilled during a disaster
or declared emergency, the Chief of Police of the Borough of Lansdale
shall perform the duties of the Emergency Management Coordinator until
such time that the position is filled or the disaster or declared
emergency has ended.
A declared emergency directly and specifically affecting
or including the Borough of Lansdale as may be lawfully declared by
the Commonwealth of Pennsylvania or the United States government;
or as may be declared a local emergency by Lansdale Borough in accordance
with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A.
§ 7501, or any successor provision or statute.
An actual or threatened attack, natural disaster, extraordinary
fire, epidemic, evacuations or any other pending or actual emergency
or calamity which endangers or threatens to endanger the health, safety,
life or property of the residents of the Borough or endangers or threatens
the constituted government of the nation or commonwealth.
The managerial function charged with creating the framework
within which communities reduce vulnerability to hazards and cope
with disasters.
The employees, equipment and facilities of all Borough departments,
boards, institutions and commissions, and all volunteer personnel,
equipment and facilities contributed by or obtained from volunteer
persons or agencies.
Any person duly enrolled, identified and appointed by the
Coordinator and assigned to participate in Emergency Management Agency
activity.
Any individual, firm, corporation, association or partnership,
including the plural as well as the singular and both genders.
The plans, programs and emergency procedures established
by the Emergency Management Agency which are deemed essential to an
adequate program.
A person contributing a service, equipment or facilities
to the Emergency Management Agency without remuneration.
The purpose of this chapter shall be to:
A.Â
Establish an Emergency Management Agency that will be responsible
for the complete and efficient utilization of all Borough employees,
equipment, and facilities to safeguard and protect life and property
within the Borough of Lansdale during a declared emergency or disaster.
B.Â
Establish the Emergency Management Agency and its attendant responsibilities,
duties and powers, including but not limited to provisions for the
promulgation of a basic emergency management plan with necessary lines
of succession.
C.Â
Establish the Emergency Management Coordinator and the position's
attendant responsibilities, duties and powers as Coordinator of the
Emergency Management Agency.
D.Â
Provide for the promulgation of emergency management regulations,
enforcement and penalties.
A.Â
There is hereby created an Emergency Management Agency for the Borough
of Lansdale. The Emergency Management Agency shall consist of a Coordinator,
to be known as the "Emergency Management Coordinator," who shall be
selected by the Borough Council, with the approval of the Mayor. The
Coordinator may appoint a staff as is necessary, but in all circumstances,
said appointments, if any, shall be with the express approval of the
Borough Council. In a declared emergency, the Emergency Management
Coordinator shall consult or confer with the Mayor or the Mayor's
designee as appropriate.
B.Â
The Emergency Management Coordinator shall be professionally competent
and capable of planning, effecting coordination among various departments
and generally controlling coordinated operations by emergency preparedness
forces. The Emergency Management Coordinator must be certified by
the Governor of Pennsylvania and must have obtained or received prior
to selection an appropriate level of training and education relating
to emergency management and/or domestic preparedness from an approved
and accredited course or program through the commonwealth or a federal
agency such as FEMA. Following appointment, the Emergency Management
Coordinator shall continue to obtain additional training and education
relating to emergency management and/or domestic preparedness from
approved and accredited courses or programs through the commonwealth
or a federal agency such as FEMA. Unless otherwise prohibited by law,
the Emergency Management Coordinator may hold an appointed position
under the United States government, the Commonwealth of Pennsylvania
or any political subdivision of the commonwealth, provided that such
appointed position shall not interfere with the duties, responsibilities
and obligations as set forth in this chapter. At no time, however,
shall the Emergency Management Coordinator hold an elected position
under the United States government, the Commonwealth of Pennsylvania
or any political subdivision of the commonwealth while serving as
Emergency Management Coordinator for the Borough.
C.Â
The employees, equipment and facilities of all Borough departments,
boards, institutions and commissions will be at the disposal of the
Emergency Management Agency and will participate as directed by the
Coordinator with the approval of the Borough Council; provided, however,
that the duties assigned to the various departments shall be the same
or similar to the normal activities of said departments.
Subject to the direction and control of the Borough Council,
the Emergency Management Agency shall have the following powers and
duties:
A.Â
To prepare a comprehensive basic plan for emergency management and
keep the basic plan current to provide for the fullest protection
of the Borough and its inhabitants in case of disaster or declared
emergency.
B.Â
To recommend to the Borough Council or their designated alternate,
and the Mayor, all necessary rules and regulations for the implementation
of the basic plan, and all other rules and regulations necessary for
the protection of the Borough and its inhabitants in case of disaster
or declared emergency.
C.Â
To provide individual and organizational training programs to ensure
prompt, efficient and effective disaster emergency service.
D.Â
To organize, prepare and coordinate all locally available manpower,
materials, supplies, equipment, facilities and services necessary
for disaster emergency readiness, response and recovery.
E.Â
To adopt and implement precautionary measures to mitigate the anticipated
effects of disaster.
F.Â
To have available for inspection at its emergency operations center
all the emergency management plans, rules and orders, if any, of the
agency.
G.Â
To provide prompt and accurate information regarding local disaster
emergencies to appropriate commonwealth and local officials and agencies
and the general public.
Subject to the provisions of this chapter or as required by
law, the Emergency Management Coordinator shall have the following
powers and duties:
A.Â
To oversee the formulation of the basic plan of emergency management
and to direct its implementation in time of disaster or declared emergency.
B.Â
To designate the lines of succession within the Emergency Management
Agency and be responsible for the proper performance of all necessary
duties and functions assigned to the various departments under the
basic plan.
C.Â
To make recommendations for rulings, orders or ordinances on behalf
of the Emergency Management Agency to the Borough Council, or their
designated alternate, whenever requested to do so and whenever it
is deemed necessary or advisable.
D.Â
To make reports to the Borough Council and the Mayor as required.
It shall be unlawful for any person to violate any of the provisions
of this chapter or of the regulations or plans issued pursuant to
the authority contained herein or to willfully obstruct, hinder or
delay any member of the Emergency Management Agency as herein defined
in the enforcement provisions of this chapter or any regulation, plan
or order issued hereunder.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
