[HISTORY: Adopted by the Township Council of Horsham Township 8-13-1985 by Ord. No. 138. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A direct or indirect assault against Horsham Township, its government, its environs, or of the nation, by the forces of a hostile nation or the agents thereof, including, but not limited to, assault by bombings; radiological, chemical or biological means; or sabotage.
- The Emergency Management Coordinator of the Emergency Management Agency of Horsham Township.
- Actual or threatened attack, natural disaster, extraordinary fire, epidemic, evacuations, or any other pending or actual emergency or calamity which endangers or threatens to endanger the health, safety, life or property of the residents of the Township, or endangers or threatens to endanger the constituted government of the nation or state.
- EMERGENCY MANAGEMENT
- To carry out the basic government functions of maintaining the public peace, health and safety, including plans and preparations for protection from, and relief, recovery, and rehabilitation from the effects of, an attack on the Township and such activity in connection with a disaster as defined herein.
- EMERGENCY MANAGEMENT FORCES
- The employees, equipment and facilities of all Township departments, boards, institutions and commissions, and all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
- EMERGENCY MANAGEMENT VOLUNTEER
- Any person duly enrolled, identified and appointed by the Coordinator, and assigned to participate in Emergency Management Agency activity.
- Any individual, firm, corporation, association or partnership, including the plural as well as the singular, and both genders.
- The plans, programs, and emergency procedures established by the Emergency Management Agency which are deemed essential to an adequate program.
- A person contributing a service, equipment or facilities to the Emergency Management Agency without remuneration.
It is the purpose of this chapter:
To establish an Emergency Management Agency that will be responsible for the complete and efficient utilization of all Township facilities to safeguard and protect life and property within Horsham Township during a state of war, a local emergency or disaster, and during normal day-to-day operations.
To establish the Emergency Management Agency and its attendant responsibilities, duties and powers, including, but not limited to, provisions for the promulgation of a basic emergency management plan with necessary lines of succession.
To establish the Emergency Management Coordinator and his attendant responsibilities, duties and powers as coordinator of the Emergency Management Agency.
To provide for the promulgation of emergency management regulations, enforcement and penalties.
There is hereby created an Emergency Management Agency for Horsham Township. The Emergency Management Agency shall consist of a Coordinator to be known as the "Emergency Management Coordinator," who shall be nominated by the Township Council and appointed by the Governor of Pennsylvania. The Coordinator shall be authorized to serve until replaced by another appointment by the Governor. The Coordinator may appoint a staff as is necessary but in all circumstances said appointments, if any, shall be with the express approval of the Township Council, or its designated alternate. The members of the Emergency Management Agency shall serve without compensation.
The Emergency Management Coordinator shall be professionally competent and capable of planning, effecting coordination among various departments and generally controlling coordinated operations by emergency preparedness forces.
The employees, equipment and facilities of all Township departments, boards, institutions and commissions will be at the disposal of the Emergency Management Agency and will participate as directed by the Coordinator with the approval of the Township Council; provided, however, that duties assigned to the various departments shall be the same or similar to the normal activities of said department.
During normal day-to-day activities each department head shall be responsible for practicing emergency management within the department, and final Emergency Management Agency authority will rest with the Township Council; provided, however, that the Township Council may delegate such final authority to the Township Fire Marshal regarding the Fire Department and the Chief of Police with regard to the Police Department.
Subject to the direction and control of the Township Council, the Emergency Management Agency shall have the following powers and duties:
To prepare a comprehensive basic plan for emergency management, and keep the basic plan current to provide for the fullest protection of the Township and its inhabitants in case of disaster or declared emergency.
Recommend to the Township Council or its designated alternate all necessary rules and regulations for the implementation of the basic plan, and all other rules and regulations necessary for the protection of the Township and its inhabitants in case of disaster or declared emergency.
Provide individual and organizational training programs to insure prompt, efficient and effective disaster emergency services.
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.
Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.
Have available for inspection at its emergency operations center all emergency management plans, rules and orders, if any, of the Agency.
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
Subject to the direction and control of the Township Council, the Emergency Management Coordinator shall have the following powers and duties:
To oversee the formulation of the basic plan of emergency management and to direct its implementation in time of disaster or declared emergency.
Designate the lines of succession within the Emergency Management Agency, and be responsible for the proper performance of all necessary duties and functions assigned to the various departments under the basic plan.
Seek assistance from outside the Township when a required competency or skill for a disaster function is not available within the Township departments.
Make recommendations for rulings, orders, or ordinances on behalf of the Emergency Management Agency to the Township Council, or its designated alternate, whenever requested to do so and whenever it is deemed necessary or advisable.
Attend any career development programs, seminars, workshops and training conferences deemed necessary for the performance of his duties.
Make reports to the Township Council as required.
Where possible or practical, no purchase or purchases shall be made, no contract entered into and no expenses incurred by the Emergency Management Agency which involve the payment of more than $25 out of the Treasury of Horsham Township, unless the proposed expenditure has been approved in writing by the Township Council. Except as set forth in Subsection B hereof, if any purchase or contract is made or other expenses incurred contrary to the provisions of this subsection, Horsham Township shall not be responsible for the payment thereof but the person acting for the Agency in the transaction shall be personally liable for the payment.
Temporary suspension of formal requirements. Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this subsection in the light of the exigencies of the emergency situation 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.
It shall be unlawful for any person to violate any of the provisions of this chapter or 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 Agency as herein defined in the enforcement of the provisions of this chapter or any regulation, plan or order issued hereunder.
Any person violating any provision of this chapter or any rule, regulation or order promulgated hereunder shall, upon conviction before a District Justice, be subject to a penalty of not less than $200 nor more than $500, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, or both such fine and imprisonment. Each day that a violation continues may be regarded as a separate offense and punishable as such.
It is the intent of this chapter to be supplementary to and not contrary to any laws of the Commonwealth of Pennsylvania or regulations of any of its executive agencies.