[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 10-7-1974 by Ord. No. 47. Amendments
noted where applicable.]
This chapter shall be known and may be cited and referred to as the
"Civil Defense Ordinance of Montgomery Township."
A.Â
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 Township's facilities to combat disaster resulting from enemy actions
or other disasters as defined herein.
B.Â
The Montgomery Township Office of Civil Defense will
be the coordinating agency for all activity in connection with civil defense;
it will be the instrument through which the Township Supervisors may exercise
the authority and discharge the responsibilities vested in them in the State
Council of Civil Defense Act of 1951, Act of March 19, 1951, P.L. 28, 71 P.S.
§ 1689.[1]
[1]
Editor's Note: The State Council of Civil Defense Act of 1951, 71
P.S. § 1689, has been repealed. See now 35 Pa.C.S.A § 7101
et seq.
C.Â
This chapter will not relieve any Township department
of the moral responsibilities or authority given to it 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 Montgomery Township, its government,
its environs or the nation by the forces of a hostile nation or the agents
thereof, including assault by bombing, radiological, chemical or biological
warfare or sabotage.
In its broad meaning, carrying 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 Township 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. It shall not, however, include
an activity that is the primary responsibility of the military forces of the
United States.
The employees, equipment and facilities of all Township departments,
boards, institutions and commissions and, in addition, shall include all volunteer
personnel, equipment and facilities contributed by or obtained from volunteer
persons or agencies.
Any person duly registered, identified and appointed by the Coordinator
of the Office of Civil Defense and assigned to participate in the civil defense
activity.
The Civil Defense Director of the Montgomery Township Office of Civil
Defense.
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.
Includes plans, programs and other emergency procedures deemed essential
to civil defense.
Contributing a service, equipment or facilities to the civil defense
organization without remuneration.
A.Â
The organization shall consist of the following:
(1)Â
An Office of Civil Defense under the direction of the
Board of Supervisors. There shall be a coordinating head of the Office of
Civil Defense, who shall be known as the Civil Defense Director, and such
deputies, assistants and other employees as are deemed necessary by the Board
of Supervisors for the proper functioning of the organization.
(2)Â
The employees, equipment and facilities of all Township
departments, boards, institutions and commissions will participate in the
civil defense activity. Duties assigned to the Township department shall be
the same or similar to the normal duties of the department.
B.Â
As provided by the laws of the Commonwealth of Pennsylvania,
the Board of Supervisors shall recommend to the Governor of the Commonwealth
for his appointment the person to be designated and to function as Director
of the Montgomery Township Office of Civil Defense. The Director shall be
a person well versed and trained 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.
C.Â
The Director shall designate and appoint deputy directors
to assume the emergency duties of the Director in the event of the Director's
absence or inability to act, in order that there will always and at all times
be a Civil Defense Director in charge of carrying out the powers and duties
set forth in this chapter.
A.Â
The Board of Supervisors of Montgomery Township.
(1)Â
It shall be the sole judgment of the Board of Supervisors
of Montgomery Township when and for what duration to invoke the emergency
powers provided in this chapter. The Township Board of Supervisors may convene
to perform its legislative and administrative powers as the situation demands
and shall receive reports relative to civil defense activities. Nothing in
this chapter shall be construed as abridging or curtailing the powers and
responsibilities of the Board of Supervisors.
(2)Â
During any period when disaster threatens or when the
Township has been struck by disaster, within the definition of this chapter,
the Board of Supervisors may promulgate such regulations as it deems necessary
to protect life and property and preserve critical resources. Such regulations
may include, but shall not be limited to, the following:
(a)Â
Regulations prohibiting or restricting the movement of
vehicles in order to facilitate the work of civil defense forces, or to facilitate
the mass movement of persons from critical areas within or without the Township.
(b)Â
Regulations pertaining to the movement of persons from
areas deemed to be hazardous or vulnerable to disaster.
(c)Â
Such other regulations necessary to preserve public peace,
health and safety.
B.Â
Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and uttered by newspaper and radio. These regulations will have the force of ordinance, and violations will be subject to the penalties provided in § 8-8 of this chapter.
C.Â
Further powers and duties shall include:
(1)Â
Coordinating the recruitment of volunteer personnel and
agencies to augment the personnel and facilities of the Township for civil
defense purposes.
(2)Â
Development of the Basic Plan as herein referred to and
coordination of all plans for the immediate use of all the facilities, equipment,
manpower and other resources of the Township 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.
(3)Â
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 the civil defense purposes and designating suitable
buildings as public shelters.
(4)Â
Through public informational programs, educating 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.
(5)Â
Conducting public practice alerts to ensure the efficient
operation of the civil defense forces and to familiarize residents with civil
defense regulations, procedures and operations.
(6)Â
Coordinating the activity of all other public and private
agencies engaged in any civil defense activity.
(7)Â
Assuming such authority and conducting such activity
as the Board of Supervisors may direct to promote and execute the civil defense
plan.
A.Â
A comprehensive Civil Defense and Disaster Basic Plan
shall be adopted and maintained by resolution of the Board of Supervisors
upon recommendation of the Director. In the preparation of this plan as it
pertains to Township 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 the existing
laws governing the Township and shall have the effect of law whenever a disaster,
as defined in this chapter, has been proclaimed.
B.Â
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
persons as successors to his position. The list will be in order of succession
and will as nearly as possible designate persons best capable of carrying
out all assigned duties and functions.
C.Â
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
Township 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.
D.Â
Amendments to the Basic Plan shall be submitted to the
Township Board of Supervisors. Such amendments shall take effect 30 days from
the date of approval unless action is taken by the Supervisors disapproving
the Director's submission. In the event that an amendment is pending at the
time that a disaster is proclaimed under provisions of this chapter, the amendment
will be considered approved immediately and will remain effective unless specifically
revoked by the Supervisors.
E.Â
When a required competency or skill for a disaster function
is not available within the Township 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 Township on a volunteer basis. Such citizens shall be enrolled as civil
defense volunteers in cooperation with the heads of Township departments affected.
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
civil defense 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 thereunder, upon conviction thereof,
shall be punished by a fine of not more than $300, and costs of prosecution,
or imprisonment in the Montgomery County Jail for a period of not more than
90 days, or both such fine and imprisonment, in the discretion of the court.
