[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen 10-17-1996 by Ord. No. 496. Amendments noted where
applicable.]
A local emergency management agency is hereby
established and shall be known as the "Upper Allen Township Emergency
Management Agency."
The Upper Allen Township Emergency Management
Agency is established pursuant to the provisions of the Pennsylvania
Emergency Management Services Code (35 Pa. C.S.A. § 7501
et seq.).
The Upper Allen Township Emergency Management
Agency shall have the responsibilities for emergency management and
disaster response and recovery within the Township of Upper Allen.
The Upper Allen Township Emergency Management Agency shall also provide
emergency management and disaster response and recovery services outside
the Township of Upper Allen as required by the terms and conditions
of this chapter.
A.Â
A local disaster emergency may be declared by the
Board of Commissioners of Upper Allen Township, upon a finding that
such a disaster has occurred or is imminent. In addition, the Emergency
Management Coordinator, Township Manager and Police Chief are hereby
authorized to declare a local disaster emergency subject to ratification
by the Board of Commissioners within seven days of such declaration.
B.Â
The declaration of a local disaster emergency shall
not be continued or renewed for a period in excess of seven days unless
approved by the Board of Commissioners of Upper Allen Township.
C.Â
Any order or proclamation declaring, continuing or
terminating a local disaster emergency shall be given prompt and general
publicity, and a copy of any such order or proclamation shall be filed
promptly with the Pennsylvania Emergency Management Agency.
D.Â
Upon declaration of a local disaster emergency, the
applicable response and recovery aspects of the Upper Allen Township
local emergency management plan shall be activated, and all provisions
for aid and assistance thereunder shall be authorized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon declaration of a disaster emergency, the
Township of Upper Allen, pursuant to 7301(c) of the Emergency Management
Services Code, shall be authorized to exercise the powers granted
in this chapter, without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements)
pertaining to the performance of public work, entering into contracts,
the incurring of obligations, the employment of temporary workers,
the rental of equipment, the purchase of supplies and materials, the
levying of taxes and the appropriation and expenditure of public funds.
In addition, upon the declaration of a disaster emergency, the Township
of Upper Allen is authorized to avail itself of the provisions of
Act of August 5, 1941, (P.L. 752, No. 286), known as the "Civil Service
Act,"[1] in connection with the employment of personnel in local
organizations established pursuant to the provisions of this chapter.
[1]
Editor's Note: See 71 P.S. § 741.1 et seq.
A.Â
The Upper Allen Township Emergency Management Agency
shall have a Coordinator who shall be responsible for the planning,
administration and operation of the agency subject to the direction
and control of the Board of Commissioners of Upper Allen Township.
B.Â
The Coordinator of the Upper Allen Township Emergency
Management Agency shall be appointed by the Governor of the Commonwealth
of Pennsylvania upon recommendation of the Board of Commissioners
of Upper Allen Township. The Board of Commissioners may, upon agreement
by resolution with adjoining municipalities, recommend to the Governor
a candidate for Coordinator for emergency management activities in
the said political subdivisions. The Upper Allen Township Emergency
Management Coordinator shall serve at the pleasure of the Board of
Commissioners.
C.Â
The Coordinator of the Upper Allen Township Emergency
Management Agency shall:
(1)Â
Be professionally competent and capable of planning,
effecting and coordinating operations among agencies of government
and controlling coordinated operations by local emergency preparedness
forces.
(2)Â
Attend and successfully complete the first phase of
the career development program as prescribed by the Pennsylvania Emergency
Management Agency within one year after appointment.
(3)Â
Attend and successfully complete the second phase
of the career development program as prescribed by the Pennsylvania
Emergency Management Agency within three years after appointment.
(4)Â
Attend basic and advanced seminars, workshops and
training conferences called by the Director of the Pennsylvania Emergency
Management Agency and/or its Director of Training and Education.
(5)Â
Failure to attend and successfully complete the career
development program phases, as described above, or failure to attend
a prescribed training program for two consecutive years shall be cause
for replacement of the Coordinator of the Upper Allen Township Emergency
Management Agency.
(6)Â
Responsibility for the professional in-service training
of the Coordinator of the Upper Allen Township Emergency Management
Agency shall rest with the Emergency Management Coordinator of Cumberland
County.
D.Â
The Township of Upper Allen will reimburse its Coordinator
for actual expenses incurred as the result of his or her attendance
at scheduled meetings and training programs.
The Upper Allen Township Emergency Management
Agency is hereby directed to:
A.Â
Prepare, maintain and keep current a disaster emergency
plan for the Township of Upper Allen for the prevention and minimizing
of injury and damage caused by disaster, for prompt and effective
response to disaster and for disaster emergency relief and recovery
in consonance with the Pennsylvania Emergency Management Plan and
the Cumberland County Emergency Management Plan.
B.Â
Establish, equip and staff an emergency operations
center for the Township of Upper Allen.
C.Â
Establish a warning and communications system for
the Township of Upper Allen that will support governmental operations
in emergencies.
D.Â
Provide essential facilities and equipment to those
agencies and organizations that have been assigned emergency functions
under the provisions of this chapter.
E.Â
Provide individual and organizational training programs
for police officers, fire fighters, rescue personnel, ambulance personnel,
emergency management volunteers and the general public to insure prompt,
efficient and effective disaster emergency services.
F.Â
Organize, prepare and coordinate all locally available
manpower, materials, supplies, equipment and facilities necessary
for disaster emergency readiness, response and recovery.
G.Â
Adopt and implement precautionary measures to mitigate
the anticipated effects of a disaster.
H.Â
Execute and enforce such rules, regulations and orders
as the Upper Allen Township Emergency Management Agency may adopt
pursuant to the provisions of this chapter.
I.Â
Cooperate and coordinate with any public and private
agencies or entities in achieving any purpose of this chapter.
J.Â
Have available for inspection at its emergency operations
center all emergency management plans, rules, regulations and orders
of the Governor and the Pennsylvania Emergency Management Agency.
K.Â
Provide prompt and accurate information regarding
local disaster emergencies to appropriate commonwealth and local officials
and agencies and the general public.
L.Â
Make monthly reports to the Township of Upper Allen
on the status and programs of the Upper Allen Township Emergency Management
Agency, its personnel, programs and plans.
M.Â
Execute and enforce such rules and orders as may be
adopted by the Pennsylvania Emergency Management Agency.
N.Â
Make timely recommendations to and secure the consent
of the Township of Upper Allen concerning the development of plans,
the acquisition of materials, supplies and equipment and the development
of a budget for the agency, except as provided for in disaster emergencies.
O.Â
Identify areas within the Township of Upper Allen
that are particularly vulnerable to disaster.
P.Â
Upon request of the Board of Commissioners of Upper
Allen Township or Emergency Management Coordinator, assist the Township
of Upper Allen and/or its police, fire, rescue or emergency medical
services in handling and coordinating special, nondisaster emergencies
and situations.
The Coordinator of the Upper Allen Township
Emergency Management Agency shall develop and maintain mutual aid
agreements with adjacent political subdivisions for reciprocal emergency
assistance. The agreements shall be consistent with the plans and
program of the Pennsylvania Emergency Management Agency and the Cumberland
County Emergency Management Agency. The agreements shall stipulate
that direction of emergency disaster assistance is the responsibility
of the lowest level of government affected, that the County Emergency
Management Agency shall provide coordination and support when more
than one political subdivision within Cumberland County is affected
and that the Pennsylvania Emergency Management Agency, or its area
organization, shall provide coordination and support when two or more
counties are affected. In disaster emergencies, requests for mutual
aid assistance shall be referred to the organization, as outlined
above, having responsibility for coordination and, in time of emergency,
it shall be the duty of the Upper Allen Township Emergency Management
Agency to render assistance in accordance with these mutual aid agreements.
In all cases, support services provided from outside the affected
area shall remain under the operational control of the receiving area.
A.Â
Except during local disaster emergencies, the Board
of Commissioners of Upper Allen Township shall:
(1)Â
Approve all expenditures of the Upper Allen Township
Emergency Management Agency in advance.
(2)Â
Approve attendance and participation of personnel
of the Emergency Management Agency at training sessions, seminars
and meetings.
(3)Â
Review and approve the Upper Allen Township Emergency
Management Plan.
A.Â
Snowfall.
(1)Â
It shall be unlawful to park or permit to be parked
any motor vehicle or other vehicle or item on any street or alley
which is part of the Township-maintained street system two hours after
the start of continuous snowfall and until the snow has been completely
plowed for the full width of the cartway.
(2)Â
Any member of the Upper Allen Township Police Department
or other employee of Upper Allen Township engaged in snow removal
activities is hereby authorized to remove any vehicle abandoned or
parked upon a public street or alley in violation of the terms and
provisions of this chapter and to take any said vehicle to the nearest
authorized storage garage or other place of safety. The registered
owner of any said vehicle shall be promptly notified, in writing,
of the fact of the removal and of the place to which said vehicle
has been removed, where said owner may obtain the same upon payment
of any and all towing and storage charges.
Any gift or grants of monies made to the Upper
Allen Township Emergency Management Agency or to the Township of Upper
Allen for the payment of expenses incurred or to be incurred by or
for the Emergency Management Agency shall be deposited in the treasury
of the Township of Upper Allen and shall be appropriated only for
the purpose for which the gift or grants were made.
Nothing in this chapter shall be construed as
prohibiting the Upper Allen Township Emergency Management Agency from
providing representation to other boards or agencies, such as outside
emergency management advisory boards, emergency health services councils
and regional communications committees, that coordinate with or otherwise
impact the delivery of emergency management services.
The Upper Allen Township Emergency Management
Agency shall adopt, with the approval of the Board of Commissioners
of Upper Allen Township, such insignia and/or other identifying marks
or markings as are necessary to ensure the correct, prompt identification
of its personnel, equipment and facilities.
The provisions of the Emergency Management Services
Code of the Commonwealth of Pennsylvania, Act 1978-323 (P.L. 1332),
shall govern the emergency management activities of the Township of
Upper Allen and the Upper Allen Township Emergency Management Agency,
except in circumstances where the Emergency Management Services Code
does not address local provisions or conditions provided for by this
chapter.
Any person who shall violate any of the provisions of § 22-10 of this chapter shall, upon conviction thereof before a Magisterial District Judge having jurisdiction thereover, be sentenced to pay a fine of not more than $50 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 10 days.