[HISTORY: Adopted by the City Council of
the City of Lancaster as Article 161 of the Codified Ordinances amended
in its entirety 4-28-2015 by Ord.
No. 5-2015. Subsequent amendments noted where applicable.]
The following words and phrases when used in this chapter shall
have, unless the context clearly indicates otherwise, the meanings
given herein:
A man-made, natural or war-caused disaster.
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.
The preparation for and the carrying out of functions, other
than functions for which military forces are primarily responsible,
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 those functions.
The functions include, without limitation, fire-fighting services,
police services, medical and health services, rescue, engineering,
disaster warning services, communications, radiological, shelter,
chemical and other special weapons defense, evacuation of persons
from strickened areas, emergency welfare services, emergency transportation,
emergency resources management, existing or properly assigned functions
of plant protection, temporary restoration of public utility services
and other functions related to civilian protection.
The condition declared by the Mayor when, in his or her judgment,
the threat or actual occurrence of a disaster is or threatens to be
of sufficient severity and magnitude to warrant coordinated local
government action to prevent or alleviate the damage, loss, hardship
or suffering threatened or caused thereby. A local emergency cannot
be declared where the emergency arises solely out of resource shortage
as such an emergency may only be declared under the Act by the Governor.
Any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, natural resource shortage or other condition,
except enemy action, resulting from man-made causes, such as oil spills
and other injurious environmental contamination, which threatens or
causes substantial damage to property, human suffering, hardship or
loss of life.
Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought,
fire, explosion or other catastrophe which results in substantial
damage to property, hardship, suffering or possible loss of life.
The absence, unavailability or reduced supply of any raw
or processed natural resource or any commodities, goods or services
of any kind which bear a substantial relationship to the health, safety,
welfare and economic well-being of the residents of the City.
Those conditions which may, by investigation, be found, actually
or likely, to:
Affect seriously the safety, health or welfare of a substantial
number of residents of the City or preclude the operation or use of
essential public services and facilities;
Be of such magnitude or severity as to necessitate seeking state
or county supplementation of local efforts or resources exerted or
utilized in alleviating the danger, damage, suffering or hardship
faced; and
Have been caused by forces beyond the control of man, by reason
of civil disorder, riot or disturbance, or by factors not foreseen
and not known to exist when appropriation bills were enacted.
For purposes hereof, "state of emergency" includes disasters,
local emergencies, man-made disasters, natural disasters, resource
shortages, and war-caused disasters.
Any condition following an attack upon the United States
resulting in substantial damage to property or injury to persons in
the United States caused by use of bombs, missiles, shellfire, nuclear,
radiological, chemical or biological means, or other weapons or overt
paramilitary actions, or other conditions such as sabotage.
The Office of Emergency Management is hereby created under the Office of the Mayor and shall be managed by a Director who shall be appointed in the manner set forth in § 136-4. The Office of Emergency Management shall coordinate activities pertaining to natural, man-made and war-caused disasters and shall be the instrument through which the Mayor may exercise the authority and discharge the responsibilities vested in him or her by the Third Class City Code, the Emergency Management Services Code of the Commonwealth of Pennsylvania,[1] other applicable laws of the commonwealth and the City
and this chapter.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
A.
The Mayor is authorized to declare a state of emergency. The declaration
shall not be continued or renewed for a period in excess of five days
except by or with the consent of City Council. Any order or proclamation
declaring, continuing or terminating a state of emergency shall be
given prompt and general publicity and shall be filed promptly with
the Pennsylvania Emergency Management Agency and the effect of a declaration
of a state of emergency shall be to activate the response and recovery
aspects of the City's Emergency Management Plan and to authorize
the furnishing of aid and assistance thereunder.
B.
During any declared local disaster emergency:
(1)
The Mayor shall have the full authority and power to act on behalf
of the City and exercise the powers conferred upon the City under
the applicable provisions of the Third Class City Code and the Emergency
Management Services Code of the Commonwealth of Pennsylvania,[1] including but not limited to the following:
(a)
Enter into contracts and incur obligations necessary to disaster
emergency management response and recovery.
(b)
Acquire by lease or otherwise on a temporary basis sites required
for installation of temporary housing units for disaster victims and
to enter into whatever arrangements are necessary to prepare or equip
the sites to utilize the housing units.
(c)
Request and/or render emergency assistance from or to adjacent
political subdivisions in accordance with the provisions of mutual
aid agreements.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
(2)
In addition to any other powers conferred upon the Mayor by law,
he or she may for all or any part of the City in which there is clear
and present danger to life or property through civil disorder:
(a)
Direct and compel the evacuation of all or part of the population
from any stricken or threatened area within the City if this action
is necessary for the preservation of life or other disaster mitigation,
response or recovery.
(b)
Prescribe routes, modes of transportation and destinations in
connection with evacuation.
(c)
Control ingress and egress to and from a disaster area, the
movement of persons within the area and the occupancy of premises
therein.
(d)
Suspend or limit the sale, dispensing or transportation of alcoholic
beverages, explosives and combustibles.
(3)
The Mayor may require the emergency services of any City officer
or employee. When a required competency or skill for a disaster function
is not available within the City government, the Mayor is authorized
to seek assistance from persons outside government. Persons volunteering
their assistance shall be enrolled as emergency management preparedness
volunteers. All duly authorized persons rendering emergency services
shall be entitled to the privileges and immunities as are provided
by the Emergency Management Services Code of the Commonwealth of Pennsylvania.[2]
[2]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
C.
The declaration or regulations promulgated thereunder shall be disseminated
promptly by means calculated to bring its contents to the attention
of the general public through widest possible use of newspaper, radio
and television and, unless the circumstances attendant to the disaster
prevent or impede, shall be promptly filed with the City Clerk.
[Amended 5-28-2019 by Ord. No. 06-2019]
The Emergency Management Director shall be an employee or resident
of the City who is recommended by the Mayor and appointed by the Governor
of the commonwealth. The Director shall serve in this capacity without
additional remuneration, shall report directly to the Mayor and shall
be responsible for the planning, administration and operation of the
local organization subject to the direction and control of the Mayor.
These duties shall include but not necessarily be limited to the following:
A.
Develop and coordinate plans for the immediate use of all the facilities,
equipment, manpower and other resources of the City for the purpose
of minimizing or preventing damage to persons and property.
B.
Protect and restore to full use all governmental services and public
utilities necessary for the public health, safety and welfare.
C.
Maintain liaison with the state and federal authorities and the authorities
of other nearby political subdivisions as to insure the most effective
operation of the Emergency Management Plan.
D.
Coordinate the recruitment of volunteer personnel and agencies to
augment the personnel and facilities of the City for emergency management
purposes.
E.
Assume such authority and conduct such activity as additionally directed
by the Mayor in order to execute the Emergency Management Plan.
[Amended 5-28-2019 by Ord. No. 06-2019]
The Emergency Management Deputy Director shall be an employee
or resident of the City who is appointed by the Mayor and shall serve
without additional remuneration, assisting the Mayor and the Emergency
Management Director in the overall administration of emergency management
activities.
The Office of Emergency Management shall prepare an Emergency
Management Plan which shall be submitted to and approved by the Council.
The plan shall establish an Emergency Management Team providing for
the use of services, equipment, facilities and personnel of all City
government divisions and other service providers during a threatened
or actual local disaster emergency. It shall be the duty of all Emergency
Management Team members to perform the functions assigned to them
in the plan and to maintain their portion of the plan in a state of
readiness at all times. All substantive amendments to the plan shall
be approved by the Council; provided, however, that in the event an
amendment is pending at the time a disaster is proclaimed, the amendment
shall be considered approved immediately and shall remain effective
unless specifically revoked by the Council.
The Office of Emergency Management shall establish and staff
an emergency operations center equipped with communication systems
to support government operations in emergencies and provide other
essential facilities and equipment for agencies and activities assigned
emergency functions. The City Hall, located at 120 North Duke Street,
shall serve as the main emergency operations center with the Lancaster
Bureau of Police located at 39 West Chestnut Street serving as an
auxiliary emergency operations center for the Bureaus of Police and
Fire. Should an emergency prevent the use of one of these locations,
the other facility shall be used by all groups. In the event that
neither facility can be used, the City Emergency Management Team shall
operate from the County Emergency Operations Center located in the
subbasement of the Lancaster County Courthouse, 50 North Duke Street,
Lancaster.
The Office of Emergency Management may, subject to ratification
by the Council, develop mutual aid agreements with adjacent political
subdivisions and social service agencies for reciprocal emergency
assistance. The agreements shall be consistent with the Emergency
Management Plan.
A.
General. Neither the City nor, except in cases of willful misconduct,
the agents, employees or representatives of the City engaged in any
emergency services or activities, nor, except in cases of willful
misconduct or gross negligence, any individual or those persons under
contract with the City to provide equipment or work on a cost basis
to be used in disaster relief, nor, except in cases of willful misconduct
or gross negligence, any person, firm, corporation or an agent or
employee of any of them engaged in disaster services activities, while
complying with or attempting to comply with this chapter or any rule
or regulation promulgated pursuant to the provisions of this chapter,
shall be liable for the death of or any injury to persons or loss
or damage to property as a result of that activity.
B.
Real estate owner. Any person, organization or authority owning or
controlling real estate or other premises who, voluntarily and without
compensation, grants a license or privilege or otherwise permits the
designation or use of the whole or any part or parts of the real estate
or premises for any emergency services purpose shall, together with
his successors in interest, if any, not be civilly liable for negligently
causing the death of or injury to or loss or damage to the property
of any person who is upon the real estate or other premises for that
purpose.
Any person, partnership, association, firm or corporation, including
the individual partners, members, officers and directors thereof,
violating any of the provisions of this chapter, the Emergency Management
Plan adopted hereunder or any local disaster emergency declaration
or regulations promulgated thereunder shall, upon conviction thereof
in a summary proceeding, be fined not less than $50 nor more than
$600 or imprisoned for not more than 90 days, or both.
