As used in this chapter, the following terms shall have the
meanings indicated:
DISASTER
An occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from, but not
limited to, any natural, technological or human-made cause, including
fire, flood, earthquake, windstorm, wave action, oil spill or other
contamination, radioactive incident, epidemic, air contamination,
blight, drought, infestation, explosion, or structure failure of a
dune, jetty or bulkhead system, building or infrastructure, or other
public calamity requiring emergency action.
STATE OF EMERGENCY
A situation which involves an emergency or a disaster and
which results in a declaration by governing officials that an emergency
situation exists and that extraordinary measures are required to preserve
the peace or safety of the public.
In addition to the duties provided by §
2-19D of the Borough Code, the Emergency Management Coordinator is empowered to:
A. Request the Governor, in coordination with the counties and appropriate
state agencies, to proclaim a local disaster emergency when, in the
opinion of the Emergency Management Coordinator, the locally available
resources are inadequate to cope with the emergency.
B. Control and direct the effort of the Borough of Beach Haven Emergency
Management Department in order to accomplish the purposes of this
chapter.
C. Direct cooperation between and coordination of services and staff
of the Emergency Management Department and resolve questions of authority
and responsibility that may arise between them.
D. Represent the Borough on matters pertaining to emergencies as defined
in this chapter.
E. In the event of the proclamation of local disaster emergency as provided
in this chapter and declared by the Mayor and the Emergency Management
Coordinator, the Emergency Management Coordinator is empowered, to
the extent lawfully permissible:
(1) To make and issue rules and regulations on matters reasonably related
to the protection of life and property as affected by such emergency.
(2) To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to
bind the Borough for the fair value thereof, and, if required immediately,
to commandeer same for public use. Any such procurement shall be in
accordance with the emergency management plan and under direction
of the Chief Financial Officer.
(3) To require emergency services of any Beach Haven Borough officer
or employee and, in the event of the proclamation of local disaster
emergency, to enlist the aid of as many citizens of this community
as he or she deems necessary in the execution of his or her duties.
Such persons shall be entitled to all privileges, benefits and immunities
as are provided by state law for registered emergency service workers.
(4) To direct necessary personnel or material of any Borough department
or agency. Direction of personnel or materials of the Police Department
shall require consent from the Chief of Police.
(5) To encumber Borough funds for emergency use and suspend standard
procurement procedures in compliance with the Local Public Contracts
Law.
(6) To establish a curfew which fixes the hours during which all persons,
other than officially authorized personnel, may not be upon the public
streets or other public places within the Borough.
(7) To prohibit or limit the number of persons who may gather or congregate
upon any public street, public place, including any indoor place,
or any outdoor place. These limits and prohibitions shall include
private property.
(8) To barricade streets, prohibit vehicular or pedestrian traffic or
regulate such traffic on any public street leading to the emergency
area for such distance as may be deemed necessary under the circumstances.
(9) To order mandatory evacuation of persons within the Borough, which
shall be enforceable by Borough, county or state police officers,
fire officials, and firefighters, as well as any other enlisted armed
forces personnel.
(10)
To curtail or suspend commercial and civic activity, including
activity of private schools and places of worship.
(11)
To order such other measures as are necessary for the protection
of the public health, safety, or welfare or for the recovery from
the emergency.
(12)
To execute all of his or her ordinary power as the Emergency
Management Coordinator; all of the special powers conferred upon him
or her by this chapter, or by resolution, or by the Emergency Operations
Plan; and all powers conferred upon him or her by any agreement approved
by the Borough Council and/or by any other lawful authority.
F. The Emergency Management Coordinator may delegate authority to order the measures described in Subsection
E(4) and
E(5) of this section to Borough personnel in the Emergency Operations Plan as provided in §
154A-6.
G. Within 10 days of the proclamation of local disaster emergency, any
person aggrieved by an emergency order may request a hearing before
the municipal court to determine whether issuance of the order was
an abuse of discretion. The municipal court shall hear the matter
within 30 days of the request for hearing, or within a reasonable
period of time thereafter when conditions permit. The hearing shall
be summary in nature and shall not be subject to the New Jersey rules
of evidence. The case shall be heard by the Municipal Court Judge
only, without jury. The only issue for the court shall be to determine
whether or not the emergency order was an abuse of discretion. If
the court finds that there is no abuse of discretion in issuing the
order, the order shall be affirmed. In the event that the court finds
that the issuance of the order was an abuse of discretion, the court
shall invalidate the order.
Any expenditure made in connection with emergency activities,
including mutual-aid activities, shall be limited to those items deemed
conclusively for the direct protection and benefit of the inhabitants
and property of the Borough of Beach Haven and in accordance with
all applicable laws of the State of New Jersey. Any such procurement
shall be in accordance with the emergency management plan and under
direction of the Chief Financial Officer.