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Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
[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. 
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. 
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. 
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. 
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. 
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. 
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. 
The Coordinator of the Upper Allen Township Emergency Management Agency shall:
(1) 
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) 
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) 
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) 
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) 
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) 
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. 
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. 
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. 
Establish, equip and staff an emergency operations center for the Township of Upper Allen.
C. 
Establish a warning and communications system for the Township of Upper Allen that will support governmental operations in emergencies.
D. 
Provide essential facilities and equipment to those agencies and organizations that have been assigned emergency functions under the provisions of this chapter.
E. 
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. 
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment and facilities necessary for disaster emergency readiness, response and recovery.
G. 
Adopt and implement precautionary measures to mitigate the anticipated effects of a disaster.
H. 
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. 
Cooperate and coordinate with any public and private agencies or entities in achieving any purpose of this chapter.
J. 
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. 
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
L. 
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. 
Execute and enforce such rules and orders as may be adopted by the Pennsylvania Emergency Management Agency.
N. 
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. 
Identify areas within the Township of Upper Allen that are particularly vulnerable to disaster.
P. 
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. 
Except during local disaster emergencies, the Board of Commissioners of Upper Allen Township shall:
(1) 
Approve all expenditures of the Upper Allen Township Emergency Management Agency in advance.
(2) 
Approve attendance and participation of personnel of the Emergency Management Agency at training sessions, seminars and meetings.
(3) 
Review and approve the Upper Allen Township Emergency Management Plan.
B. 
All mutual aid agreements (§ 22-9) shall be ratified by the Board of Commissioners of Upper Allen Township and by the governing bodies of other affected municipalities prior to implementation.
A. 
Snowfall.
(1) 
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) 
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.