[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 12-17-2013 by Ord. No.
1299[1]. Amendments noted where applicable.]
[1]
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.[1]
[1]
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,[1] 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."
[1]
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,[1] requiring that each political subdivision shall:
A.
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.
B.
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.
C.
Provide
individual and organizational training programs to ensure prompt,
efficient and effective disaster emergency services.
D.
Organize,
prepare and coordinate all locally available manpower, materials,
supplies, equipment, facilities and services necessary for disaster
emergency readiness, response and recovery.
E.
Adopt
and implement precautionary measures to mitigate the anticipated effects
of disaster.
F.
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.
G.
Cooperate
and coordinate with any public and private agency in achieving any
purpose of Act 323.
H.
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.
I.
Provide
prompt and accurate information regarding local disaster emergencies
to appropriate commonwealth and local officials and agencies and the
general public.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7503.
Appropriations for payment of the expenses of the Middletown
Emergency Management Agency shall be made, pursuant to Section 7511
of Act 323,[1] 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.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7511.
In accordance with Section 7512 of Act 323,[1] 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.
[1]
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,[1] 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.
[1]
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)[1] that "Each political subdivision shall . . . prepare,
maintain and keep current a disaster emergency management plan."
[1]
Editor's Note: See 35 Pa.C.S.A. § 7503.
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.
