[Ord. No. 45, 6/12/1984, § 1]
This Part shall be known and may be cited and referred to as the "Emergency Management Ordinance of Sugarloaf Township, Luzerne County."
[Ord. No. 45, 6/12/1984, § 2]
1.
It is the intent and purpose of this Part to establish an office that will ensure the complete and efficient utilization of all of the Township's facilities to combat disaster resulting from enemy actions or other disasters as defined herein.
2.
The Sugarloaf Township 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 Township Supervisors may exercise the authority and discharge the responsibilities vested in them by the "Federal Civil Defense Act of 1950," Public Law 920 and Public Law 93-288, as amended, and the Pennsylvania Emergency Management Agency Act 1978-323[1] and supporting statutes, as amended, and this Part.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501 et seq.
3.
This Part will not relieve the Township departments of the moral responsibilities or authority given to them in the state laws or by local ordinance, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
[Ord. No. 45, 6/12/1984, § 3]
The following definitions shall apply in the interpretation of this Part:
The Director of the Sugarloaf Township Office of Emergency Management, appointed as prescribed in this Part.
Includes, but is not limited to, actual or threatened enemy attack. Any industrial, nuclear or transportation accident, fire, flood, storm, endangering or threatening to endanger the health, life or property of the citizens of the Township.
The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, man-made or natural sources.
Any person duly registered, identified and appointed by the Director of the Office of Emergency Management and assigned to participate in the emergency management activity.
The preparation for and the carrying out of functions to prevent, minimize and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of these functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological, shelter, chemical and evacuation of persons from stricken areas, emergency welfare services, and emergency transportation.
Includes plans, programs and other emergency procedures deemed essential to emergency management.
Contributing a service, equipment and facilities to the emergency management organization without remuneration.
[Ord. No. 45, 6/12/1984, § 4]
1.
The Director is hereby authorized and directed to create an organization for emergency management utilizing to the fullest extent the existing agencies within the Township. He shall be responsible for organization, administration and operations. The Sugarloaf Township Supervisors shall have overall responsibility for the emergency management organization.
2.
The organization shall consist of the following:
A.
An Office of Emergency Management within the executive department of the Township government and under the direction of the Township Supervisors. There shall be an executive head of the Office of Emergency Management, who shall be known as the "Director of the Sugarloaf Township Office of Emergency Management," and such assistants and other employees as are deemed necessary for the proper functioning of the organization.
B.
The employees, equipment and facilities of the Township departments will participate in the emergency management activity. Duties assigned to a Township department shall be the same or similar to, the normal duties of the department.
C.
Volunteer persons and agencies offering service to, and accepted by, the Township.
3.
The Director of the Office of Emergency Management shall be a person well-versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this Part.
4.
The Emergency Management Director shall recommend to the Township Supervisors, for appointment, Deputy Directors to assume the emergency duties of the Director in the event of his absence or inability to act, the intent being that there will always and at all times be an Emergency Management Director in charge in the Township.
5.
There shall be an Emergency Management Council consisting of the following: Township Supervisors, Emergency Management Director, Emergency Management Deputy Director, Police Chief, Deputy Police Chief, Fire Chief, Deputy Fire Chief, Ambulance Association President, Ambulance Association Vice President and the Township Solicitor as deemed necessary. They will meet to conduct routine business, including particularly the consideration of matters of basic policy. They shall meet from time to time as called by the Emergency Management Director or the Township Supervisors.
[Ord. No. 45, 6/12/1984, § 5]
1.
The Emergency Management Director.
A.
The Emergency Management Director shall be responsible for exercising the emergency power and authority as defined by the Sugarloaf Township Supervisors. The judgment of the Township Supervisors and the Emergency Management Director shall be the sole criteria necessary to invoke emergency powers as provided in federal, state and local laws. Nothing in this Part shall be construed as abridging or curtailing the powers of the Township or its agencies.
B.
During any period when disaster threatens or when the Township has been struck by a disaster, within the definition of this Part, the Township Supervisors and the Emergency Management Director may promulgate such regulations as they deem necessary to protect life and property and preserve critical resources. Such regulations may include, but not be limited to, the following:
(1)
Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of the emergency management forces, or to facilitate the mass movement of persons from critical areas within or without the Township.
(2)
Regulations 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.
C.
The Emergency Management Director shall order emergency management forces to the aid of other communities when required in accordance with state and county statutes, and he may request aid from the county when conditions are beyond the control of the Township emergency management forces.
D.
The Emergency Management Director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people of the Township as per Act 1978-323, Chapter 75, Subchapter B, Pennsylvania Emergency Management Act, 35 Pa.C.S.A. § 7501 et seq.
E.
The Emergency Management Director will be responsible for the planning, coordination and operation of the emergency management basic disaster plan. He shall maintain liaison with county, state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operation of the plan.
[Ord. No. 45, 6/12/1984, § 6]
1.
A comprehensive basic disaster plan shall be adopted and maintained by resolution of the Township Supervisors. In the preparation of this plan, as it pertains to the Township, it is the intent that the services, equipment, facilities and personnel of all existing paid and volunteer departments shall be utilized to the fullest extent. 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 disaster plan shall be considered supplementary to this Part and have the effect of law whenever a disaster, as defined in this Part, has been proclaimed.
2.
Each department head assigned responsibility in the plan shall be responsible for carrying out all duties and functions assigned to them. Duties will include the organization and training of assigned employees and volunteers. The department head will designate and keep on file with the Director a current list of at least one person as a successor to his position. He should as nearly as possible designate a person best capable of carrying out all assigned duties and functions. Each department head will formulate the operational plan for his service, which, when approved, shall be an annex to and a part of the basic plan.
3.
Amendments to the basic plan will be submitted to the Director, who in turn will submit them to the Township Supervisors for approval. In the event an amendment is pending at the time that a disaster is proclaimed under the provisions of this Part, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the Township Supervisors.
4.
When a required competency or skill for a disaster function is not available within the Township government, the Director is authorized to seek assistance from persons outside of government. Such services from persons may be accepted by the Township on a volunteer basis. Such citizens will be enrolled as emergency management volunteers.
[Ord. No. 45, 6/12/1984, § 7]
1.
This Part is an exercise by the Township of its governmental functions for the protection of the public peace, health and safety, and neither the Township nor agents and representatives of said Township, or any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this Part shall be liable for any damages sustained to persons or property as the result of said activity.
2.
Any person or organization owning or controlling real estate or other premises who voluntarily and without compensation grants the Township the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice disaster shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such persons.
[Ord. No. 45, 6/12/1984, § 8]
It shall be unlawful for any person to violate any of the provisions of this Part 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 organization as herein defined in the enforcement of the provisions of this Part or any regulation or plan issued thereunder.
[Ord. No. 45, 6/12/1984, § 9; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.