[HISTORY: Adopted by the Township Committee
of the Township of Union 8-27-1974 by Ord. No. 2911 (Ch. 39 of the 2004 Code).
Amendments noted where applicable.]
A.
It is the intent
and purpose of this chapter to establish an Office of Civil Defense
and Disaster Control in order to provide for the local government
and the community to coordinate their activities during emergency
operations.
B.
The Office of Civil
Defense and Disaster Control will be the coordinating agency for all
activity in connection with civil defense, disaster control and civil
preparedness. It will be the instrument for providing planning guidance
on civil defense and disaster control, and emergency operations for
the departments and agencies of the local government.
C.
This chapter will
not relieve any Township department of its responsibilities or authority
given to it by state statute or by local ordinance, nor is it meant
to adversely affect the work of any volunteer agency organized for
relief in emergencies.
[1]
Editor's Note: Original Section 1, which immediately
preceded this section and which provided for a short title, of the
1986 Code, was repealed 10-28-1986 by Ord. No. 3879.
The following definitions shall apply in the
interpretation of this chapter:
The emergency services of local government in helping to
carry out the basic governmental functions of maintaining the public
peace, health and safety during an emergency. This shall include plans
and preparations for protection from and relief, recovery and rehabilitation
from the effects of any emergency.
The determination by the Director or his authorized Deputy,
upon consultation with the Mayor or acting Chief Executive, that a
disaster has occurred or is imminent requiring activation of all or
part of the Township civil defense and disaster control (CD-DC) organization,
from which determination a proclamation of a state of local disaster
emergency shall issue.
The coordinator of the Township Civil Defense and Disaster
Control Office, appointed by the Mayor.
Any unusual set of circumstances which endangers the health,
safety or resources of the residents of the Township and which is
or may become too large in scope or unusual in type to be handled
in its entirety by regular municipal operating services.
Includes "disaster" and "war emergency" as defined herein,
and shall exist upon proclamation by the Mayor.
The employees, equipment and facilities of all Township departments,
boards and commissions; and, in addition, all volunteer personnel,
equipment and facilities contributed by, or obtained from, volunteer
persons or agencies.
Includes any disaster, or the imminence thereof, which overtaxes
the municipality's ability to cope, requiring mutual assistance from
other municipal or county sources, but is not so severe as to require
action by the government under the New Jersey CD-DC Act.
Includes plans, programs and other emergency procedures for
civil defense and emergencies, promulgated in accordance with this
chapter.
Any person duly appointed by the Director and assigned to
participate in civil defense and disaster control activity serving
without remuneration.
Includes any disaster occurring anywhere within the Township
as the result of enemy attack or the imminent danger thereof.
A.
The Township Committee
is hereby authorized to create an organization for civil defense and
disaster control, utilizing to the fullest extent the existing agencies
within the Township.
B.
The organization
shall consist of the following:
(1)
The Office
of Civil Defense and Disaster Control under the direction of the Mayor.
The Director shall be the executive head of the Office. There shall
also be such deputies and assistants, appointed by the Mayor, as are
deemed necessary.
(2)
The employees,
equipment and facilities of all Township departments, boards and commissions
who will participate in civil defense and disaster control activity.
(3)
Volunteer persons
and agencies offering service to, and accepted by, the Township.
A.
The Mayor.
(1)
During any emergency, the Township Committee may authorize the Mayor to promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Regulations promulgated in accordance with this authority will be given widespread circulation. These regulations will have the force of ordinance when duly filed with the Township Clerk, and violations will be subject to the penalties provided in § 43-8 of this chapter. Such regulations may include, but shall not be limited to, the following:
(a)
Regulations
prohibiting or restricting the movement of vehicles in order to facilitate
the work of civil defense and disaster control forces and volunteers,
or to facilitate the movement of persons from critical areas within
or without the Township.
(b)
Regulations
pertaining to the movement of persons from areas deemed to be hazardous
or vulnerable to disaster.
(c)
Such other
regulations, necessary to preserve public peace, health and safety.
(2)
At the direction
of the County Civil Defense and Disaster Control Coordinator, the
Mayor may order civil defense and disaster control forces to the aid
of other communities when required in accordance with the statutes
of the state; and may request noncontiguous municipalities to send
aid to the Township, in case of an emergency when conditions in the
Township are beyond the resource capabilities of the local civil defense
and disaster control forces.
(3)
During any
emergency, the Mayor 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.
(4)
The Mayor may,
during any emergency, require emergency services of any Township officer
or employee. All duly authorized persons rendering emergency services
shall be entitled to such privileges and immunities as may be provided
by state law for regular Township employees and other registered and
identified civil defense and disaster workers.
(5)
The Mayor will
cause to be prepared the Plan hereinafter referred to and will exercise
his ordinary powers and any special powers conferred upon him by the
ordinances of the Township of Union and by any statute of the state.
B.
The Director.
(1)
The Director
shall be appointed by the Mayor with the concurrence of the Township
Committee and shall serve for a term of three years, except that the
term of the first person appointed as Director pursuant to the terms
of this chapter shall expire on December 31, 1976.
(2)
The Director
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 an emergency.
The Director shall be responsible to the Mayor and the Township Committee
in regard to all phases of the civil defense and disaster control
activity. Under the supervision of the Mayor and Township Committee,
he shall be responsible for the planning, coordination and operation
of the civil defense and disaster control activity in the Township.
Under the supervision of the Mayor and Township Committee, he shall
maintain liaison with state and federal authorities and the authorities
of other nearby political subdivisions so as to ensure the most effective
operation of the Plan. His duties, subject to the supervision of the
Township Committee, shall include, but not be limited to, the following:
(a)
Coordinating
the recruitment and training of volunteer personnel and agencies to
augment the personnel and facilities of the Township for civil defense
and disaster control purposes.
(b)
Development
of an emergency operating center facility and coordination of plans
for the immediate use of all of 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 governmental services and public utilities necessary
for the public health, safety and welfare.
(c)
Negotiating
agreements with owners or persons in control of buildings or other
property for the use of such buildings or other property for civil
defense and disaster control purposes and designating suitable buildings
as public shelters.
(d)
Through
public informational programs, educating the civilian population as
to actions necessary and required for the protection of their persons
and property in an emergency.
(e)
Conducting
public practice alerts to ensure the efficient operation of the civil
defense and disaster control forces and to familiarize residents with
civil defense and disaster control regulations, procedures and operations.
(f)
Coordinating
any activity of all other public and private agencies engaged in any
civil defense and disaster control activity.
(g)
Assuming
such authority and conducting such other activity as the Mayor and
Township Committee may direct to promote and execute the Plan.
The Civil Defense Council, as heretofore established
by law, is continued. The members shall be appointed by the Mayor
with the Chairman of the Council serving as the Township Disaster
Control Director. The Council shall have the powers, functions and
duties prescribed by general law, executive order, ordinance or resolution.
A.
A comprehensive
emergency operations plan (the "Plan") shall be adopted and maintained
by resolution of Township Committee. The Plan shall be prepared by
the Director and submitted for approval by the Township Committee
and will outline duties and responsibilities under this chapter and
all other applicable regulatory requirements. In preparation of the
Plan, the Director will consult with all municipal department heads
whose departments will be assigned duties and responsibilities under
the Plan, and said department heads will assist the Director in preparation
of the Plan. In the preparation of the Plan, as it pertains to Township
organization, it is the intent that the services, equipment, facilities
and personnel of all existing departments and agencies shall be utilized
to the fullest extent. When the Plan is approved, it shall be the
duty of all municipal departments and agencies 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 Plan shall be considered
supplementary to this chapter and have the effect of law whenever
an emergency exists.
B.
The Director shall prescribe, in the Plan, those positions within the organization referred to in § 43-3 for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of three persons as successors to his position. The list will be in order of succession and will, as nearly as possible, designate persons best capable of carrying out all assigned duties and functions.
C.
When a required
competency or skill for a disaster function is not available within
the Township government, the Township Committee may authorize the
Director 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.
A.
This chapter is
an exercise by the Township of its governmental functions for the
protection of the public peace, welfare, health and safety. During
an emergency, neither the Township nor agents and representatives
of said Township, nor any individual, receiver, firm, partnership,
corporation, association or trustee, nor 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 chapter, shall be liable for any damage sustained to persons
or property as the result of said activity.
B.
Any person 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 emergency, 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.
[Amended 10-28-1986 by Ord. No. 3879;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any
of the provisions of this chapter, or any rule or regulation promulgated
thereunder, upon conviction thereof, shall be punished by a fine of
not more than $2,000, or imprisonment in the county jail for a period
of not more than 90 days, or by a period of community service for
not more than 90 days, or any combination thereof, in the discretion
of the Judge of the Municipal Court.
At all times when the orders, rules and regulations
made and promulgated pursuant to this chapter shall be in effect,
they shall supersede all existing ordinances, orders, rules and regulations
insofar as the latter may be inconsistent therewith.
