[HISTORY: Adopted by the Borough Council of the Borough of Middletown 12-17-2013 by Ord. No. 1299. Amendments noted where applicable.]
Editor's Note: This ordinance amended in its entirety former Ch. 16, Emergency Management, consisting of Art. I, Declaration of Disaster Emergency, adopted 5-21-1979 by Ord. No. 749, approved 5-21-1979, as amended, and Art. II, Emergency Management Agency, adopted 11-8-1962 by Ord. No. 840, approved 11-8-1982, as amended.
Pursuant to Act 323 enacted November 26, 1978, a local disaster emergency shall be declared in accordance with the provisions of the Middletown Emergency Operations Plan (EOP), which is within the contemplation of Section 7501(b) of said Act 323 and of Section 1030 of the Borough Code.
Editor's Note: See 35 Pa.C.S.A. § 7501(b) and 8 Pa.C.S.A. § 101 et seq., respectively.
The declaration shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the Council.
Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt publicity and shall be filed with the Pennsylvania Emergency Management Agency.
Pursuant to the provisions of the Emergency Management Services Code, being a part of Act 323 enacted November 26, 1978, P.L. 1332, beginning particularly with Section 7501, sometimes cited as 35 Pa.C.S.A. § 7501, the local Middletown Emergency Management Agency is hereby formally established in accordance with the plan and program of the Pennsylvania Emergency Management Agency. To assure prompt, proper and effective discharge of basic Borough responsibilities relating to civil defense and disaster preparedness, operations and recovery, the Middletown Emergency Management Agency is vested with authority and responsibility for emergency management, response and recovery planning within the territorial limits of the Borough of Middletown and for rendering advice and assistance to the Director of Crisis Management (DCM) in the execution of the Emergency Operations Plan (EOP) for the Borough of Middletown. In addition, it shall conduct such services outside of its jurisdictional limits as may be required under Act 323.
Said Middletown Emergency Management Agency shall have a Coordinator who, subject to the direction and control of the Borough Council, shall be responsible for civil defense and emergency planning and for providing advice and assistance to the Director of Crisis Management in the implementation of the Middletown Emergency Operations Plan planning, administration and operation. Pursuant to Section 7502 of Act 323, the Borough Council shall make the recommendation, as the occasion may arise, to the Governor concerning the person to be appointed by the Governor as such Coordinator at this local level in Middletown. Said Coordinator, pursuant to Section 7502(g) of Act 323, shall be reimbursed for actual expenses incurred in the performance of his duties. In addition, said Coordinator may receive such compensation as the Middletown Borough Council may, from time to time, provide. The term "Coordinator" includes "Acting Coordinator."
Editor's Note: See 35 Pa.C.S.A. § 7502.
Said Middletown Emergency Management Agency, through said Coordinator (subject to the direction and approval of the Borough Council and within budgetary and other limits of funding available), shall implement the provisions of Section 7503 of Act 323, requiring that each political subdivision shall:
Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan.
Establish, equip and staff an emergency operations center, consolidated with warning and communication systems, to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions.
Provide individual and organizational training programs to ensure prompt, efficient and effective disaster emergency services.
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.
Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.
Execute and enforce such rules and orders as the Pennsylvania Emergency Management Agency shall adopt and promulgate under the Emergency Management Services Code or as shall be adopted and promulgated by the Middletown Emergency Management Agency.
Cooperate and coordinate with any public and private agency in achieving any purpose of Act 323.
Have available for inspection at its emergency operations center all emergency management plans, rules and orders, whether of the Governor or state or Middletown Emergency Management Agencies.
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
Appropriations for payment of the expenses of the Middletown Emergency Management Agency shall be made, pursuant to Section 7511 of Act 323, in the manner provided by law for making appropriations for the ordinary expenses of the Borough of Middletown and shall specify the amounts and purposes for which the moneys appropriated may be used.
Editor's Note: See 35 Pa.C.S.A. § 7511.
In accordance with Section 7512 of Act 323, which mandates that such "local organization shall be deemed an agency, board or commission of the political subdivision," the Middletown Emergency Management Agency shall be subject to all of the laws governing the making of contracts or purchases, the employment of persons or the incurring of financial obligations which apply to the Borough of Middletown.
Editor's Note: See 35 Pa.C.S.A. § 7512.
All bills or claims to be paid from any appropriations made by the Borough of Middletown, after first being approved by the Borough Council, or an appropriate officer designated for that purpose under Section 7514 of Act 323, shall be paid from the Treasury of the Borough of Middletown only upon the warrant or order of the officers designated by law to approve or countersign warrants or orders for the payment of ordinary expenses of the Borough of Middletown and shall be subject to audit in the same manner as other financial transactions of the Borough of Middletown.
Editor's Note: See 35 Pa.C.S.A. § 7514.
The Emergency Operations Plan (EOP) of the Borough of Middletown, to which much thought has been given in consultations with and by members and committees of the Borough Council and other concerned citizens, is hereby recognized as the current plan of the Middletown Emergency Management Agency. It is found to be and is approved as an appropriate implementation of the requirement set forth in the Emergency Management Services Code (i.e., in Section 7503 of Act 323) that "Each political subdivision shall . . . prepare, maintain and keep current a disaster emergency management plan."
Any person (used in the broadest sense, and including any corporation) violating any emergency operations plan or any plan, program or regulation adopted and promulgated by the Middletown Emergency Management Agency or interfering (after notice and warning) with activities or personnel or procedures authorized by the Director of Crisis Management, the Middletown Emergency Management Agency, by Middletown's Coordinator of Emergency Management or by the Borough Council pursuant to the Emergency Management Services Code or this chapter of the Code of the Borough of Middletown, or any amendments thereto, shall, upon conviction thereof before the District Justice, be sentenced to pay a fine of not less than $100 and not more than $1,000 and to pay the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Dauphin County for a period not exceeding 30 days.