[HISTORY: Adopted by the City Council of the City of Bradford 7-28-1981 as Ord. No. 3024. Amendments noted where applicable.]
This chapter shall be known and may be cited and referred to as the "Emergency Management Ordinance of the City of Bradford."
It is the intent and purpose of this chapter to establish an office that will ensure the complete and efficient utilization of all of the city's facilities to combat disaster resulting from enemy actions or other disasters as defined herein.
The Bradford Office of Emergency Management will be the coordinating agency for all activity in connection with emergency management; it will be the instrument through which the City Council or its authorized representative may exercise the authority and discharge the responsibilities vested in it or him by the Commonwealth of Pennsylvania, the City Charter and this chapter.
This chapter will not relieve any city department of the moral responsibility or authority given to it in the City Charter or by local ordinance, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
The following definitions shall apply in the interpretation of this chapter:
- A direct or indirect assault against the City of Bradford, its government or its environs by the forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare or sabotage.
- The Coordinator of the Bradford Office of Emergency Management, appointed as prescribed in this chapter.
- Includes but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threatening to endanger health, life or property or constituted government.
- EMERGENCY MANAGEMENT
- In its broad meaning, is to carry out the basic government functions of maintaining the public peace, health and safety during an emergency. This shall include plans and preparations for, protection from and relief, recovery and rehabilitation from the effects of an attack on the city by the forces of an enemy nation or the agents thereof, and it shall also include such activity in connection with disaster as defined herein, but it shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
- EMERGENCY MANAGEMENT FORCES
- The employees, equipment and facilities of all city departments, boards, institutions and commissions, and in addition it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
- EMERGENCY MANAGEMENT VOLUNTEER
- Any person duly registered, identified and appointed by the Coordinator of the Office of Emergency Management and assigned to participate in the emergency management activity.
- Includes plans, programs and other emergency procedures.
- Contributing a service, equipment or facilities to the emergency management organization without remuneration.
The City Council or its authorized representative is hereby authorized and directed to create an organization for emergency management utilizing to the fullest extent the existing agencies within the city. The City Council or its authorized representative, as executive head of the municipal government, shall be the director of the emergency management forces of this city and shall be responsible for their organization, administration and operation.
The organization shall consist of the following:
An Office of Emergency Management within the executive department of the city government and under the direction of the City Council or its authorized representative. There shall be an executive head of the Office of Emergency Management, who shall be known as the "Coordinator of the Office of Emergency Management," and such assistants and other employees as are deemed necessary for the proper functioning of the organization. On some occasions the Coordinator may be referred to as the "Director, Office of Emergency Management."
The employees, equipment and facilities of all city departments, boards, institutions and commissions will participate in the emergency management activity. Duties assigned to a city department shall be the same or similar to the normal duties of that department.
Volunteer persons and agencies offering service to and accepted by the city.
The Emergency Management Director (City Council or its authorized representative) shall appoint a Coordinator of the Bradford Office of Emergency Management who shall be a person well versed in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this chapter.
The Emergency Management Director shall designate and appoint Deputy Directors to assume the emergency duties of the Director in the event of his absence or inability to act.
The City Council or its authorized representative.
The Emergency Management Director may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined in the City Charter. The judgment of the Emergency Management Director shall be the sole criteria necessary to invoke emergency powers provided in the City Charter, the Administrative Code and other appropriate authorities. The City Council may convene to perform its legislative functions as the situation demands and shall receive reports relative to emergency management activities. Nothing in this chapter shall be construed as abridging or curtailing the powers or restrictions of the City Council.
During any period when disaster threatens or when the city has been struck by disaster, within the definition of this chapter, the City Council or its authorized representative may promulgate such regulations as it or he deems necessary to protect life and property and preserve critical resources.
Such regulations may include, but shall not be limited to, the following:
Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces or to facilitate the mass movement of persons from critical areas within or without the city.
Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
Such other regulations necessary to preserve public peace, health and safety.
Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamation published and uttered by newspaper and radio. These regulations will have the force of an ordinance when duly filed, and violations will be subject to the penalties provided in the City Charter.
The Emergency Management Director shall order emergency management forces to the aid of other communities when required in accordance with the statutes of the state, and he may request the state, or a political subdivision of the state, to send aid to the City of Bradford in case of disaster when conditions in the city are beyond the control of the local emergency management forces.
The Emergency Management Director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the city for the fair value thereof.
The Emergency Management Director may require emergency services of any city officer or employee. If regular city forces are determined inadequate, the Director may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, the City Charter and ordinances for regular city employees and other registered and identified emergency management and disaster workers and, upon demand, may receive appropriate compensation for their emergency employment.
The Emergency Management Director will cause to be prepared the basic plan herein referred to and exercise his ordinary powers as City Council or its authorized representative, all of the special powers conferred upon him by the City Charter and the ordinances of the City of Bradford and all powers conferred upon him by any statute or any other lawful authority.
Coordinator of the Office of Emergency Management. The Coordinator of the Office of Emergency Management shall be responsible to the Director in regard to all phases of the emergency management activity. Under the supervision of the Director, he shall be responsible for the planning, coordination and operation of the emergency management activity in the city. Under the supervision of the Director, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operation of the emergency management plan. His duties shall include, but not be limited to, the following:
Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the city for emergency management purposes.
Development and coordination of plans for the immediate use of all facilities, equipment, manpower and other resources of the city for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare.
Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes and designating suitable buildings as public shelters.
Through public informational programs, education of the civilian population as to actions necessary and required for the protection of their persons and property in case of enemy attack or disaster, as defined herein, either impending or present.
Conducting public practice alerts to ensure the efficient operation of the emergency management forces and to familiarize residents with regulations, procedures and operations.
Coordinating the activity of all other public and private agencies engaged in any emergency management activity.
Assuming such authority and conducting such activity as the director may direct to promote and execute the emergency management plan.
A comprehensive emergency management and disaster basic plan shall be adopted and maintained by resolution of the Council or its authorized representative. In the preparation of this plan as it pertains to city organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all municipal departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The basic plan shall be considered supplementary to this chapter and have the effect of law whenever a disaster, as defined in this chapter, has been proclaimed.
The Director shall prescribe in the basic plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance the responsible person will designate and keep on file with the Director a current list of three (3) persons as successors to his position. The list will be in order of succession and will nearly as possible designate persons best capable of carrying out all assigned duties and functions.
Each service chief and department head assigned responsibility in the basic plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned city employees and volunteers. Each chief shall formulate the operational plan for his service which, when approved, shall be an annex to and a part of the basic plan.
Amendments to the basic plan shall be submitted to the City Council. If approved, the Director will submit the amendments to the City Council with his recommendations for their approval. Such amendments will take effect thirty (30) days from the date of approval unless action is taken by the Council disapproving the Director's submission. In the event an amendment is pending at the time that a disaster is proclaimed under provision of this chapter, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the Council.
When a required competency or skill for a disaster function is not available within the city government, the Director is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. Such services from persons outside of government may be accepted by the city on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers in cooperation with the heads of city departments affected.
Some of the duties ascribed to the Director in this section will ordinarily be handled as a matter of routine by the Coordinator, but the responsibility and authority stem from and remain with the Director.
This chapter is an exercise by the City of its governmental functions for the protection of the public peace, health and safety, and neither the city, nor agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to persons or property as the result of said activity.
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the city the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.
It shall be unlawful for any person to violate any of the provisions of this chapter or any of the regulations or plans issued pursuant to the authority contained herein or to willfully obstruct, hinder or delay any member of the emergency management organization as herein defined in the enforcement of the provisions of this chapter or any regulation or plan issued thereunder.
Any person, firm or corporation violating any provision of this chapter, or any rule or regulation promulgated hereunder, upon conviction thereof, shall be subject to a fine of not more than three hundred dollars ($300.) or imprisonment for a period of not more than ninety (90) days, or both.