Borough of Milton, PA
Northumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Milton 11-14-1984 by Ord. No. 912. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 21.
Police Department — See Ch. 55.

§ 15-1 Emergency Management Agency established.

A local Emergency Management Agency is hereby established and shall be known as the "Milton Emergency Management Agency."

§ 15-2 Legislative authority.

The Milton Emergency Management Agency is established pursuant to the provisions of Act 1978-323 (P.L. 1332) of the Pennsylvania Legislature.[1]
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501 et seq.

§ 15-3 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:
LOCAL DISASTER EMERGENCY
Those conditions which may be actually or likely to affect seriously the safety, health or welfare of a substantial number of citizens of the Borough of Milton or preclude the operation or use of essential public services and have been caused by forces beyond the control of man or by reason of civil disorder, riot or disturbance.
[1]
Editor's Note: Per Ord. No. 1194, adopted 2-25-2015, the definitions contained in this section have been superseded by those in Ch. 2, Definitions.

§ 15-4 Duties of Agency.

The Milton Emergency Management Agency shall have the responsibility for emergency management and disaster response and recovery within the Borough of Milton. The Milton Emergency Management Agency shall also provide support services to the government of the Borough of Milton as requested by duly authorized officials and shall provide emergency management and disaster response and recovery services outside the Borough of Milton as provided for by this chapter.

§ 15-5 Declaration of local disaster emergency.

A. 
A local disaster emergency may be declared by the Borough Council of the Borough of Milton. In addition, the Mayor or President of the Borough Council or Vice President of the Borough Council is hereby also authorized to declare a local disaster emergency, subject to ratification by the Borough Council within seven days of such declaration.
B. 
A local disaster emergency may only be declared upon a finding by the Borough Council, Mayor or President of the Borough Council that a disaster has occurred or is imminent.
C. 
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 Milton Borough Council.
D. 
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 Milton Emergency Management Agency and the Pennsylvania Emergency Management Agency.
E. 
Upon declaration of a local disaster emergency, the management, response and recovery aspects of any and all local emergency management plans shall be activated and all provisions for aid and assistance thereunder shall be authorized.
F. 
In the event that the currently acting highest ranking office of the Milton Fire Department, Milton Police Department, Ambulance Service, Emergency Management Agency or the Borough Manager believes a local disaster emergency is occurring or about to occur, said person may contact the appropriate Borough official and request that a local disaster emergency be declared.

§ 15-6 Temporary suspension of certain requirements.

[Amended 10-28-1998 by Ord. No. 1103]
Upon declaration of a disaster emergency only by the Governor of Pennsylvania, the Borough of Milton, pursuant to 35 Pa.C.S.A. § 7301(c) (relating to general authority of the Governor), 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 such a disaster emergency by the Governor of Pennsylvania, the Borough of Milton is authorized to avail itself of the provisions of the 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 under this chapter.
[1]
Editor's Note: See 71 P.S. § 741.1 et seq.

§ 15-7 Coordinator; Deputy Coordinator; Assistant Coordinator.

A. 
Coordinator.
(1) 
The Milton 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 Mayor and Borough Council.
(2) 
The Coordinator of the Milton Emergency Management Agency shall be appointed by the Governor of the Commonwealth of Pennsylvania upon recommendation of the Milton Borough Council. The Milton Borough Council may, upon agreement by resolution with adjoining municipalities, recommend to the Governor a candidate for Coordinator for emergency management activities in said political subdivisions. A local government official may be recommended for appointment, notwithstanding any other law. There shall be no specific term of office for the Coordinator, and he shall serve until replaced by the Governor of Pennsylvania, upon resolution of the Milton Borough Council.
(3) 
The Coordinator of the Milton Emergency Management Agency shall:
(a) 
Be professionally competent and capable of planning, effecting and coordinating operations of agencies of government and controlling coordinated operations by local emergency preparedness forces.
(b) 
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.
(c) 
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.
(d) 
Attend basic and advanced seminars, workshops and training conferences called by the State Emergency Management Agency officials having responsibility for providing the Coordinator with in-service training.
(4) 
Failure to attend and successfully complete the career development program phases provided above or failure to attend a prescribed training program for two consecutive years shall be cause for replacement of the Coordinator of the Milton Emergency Management Agency.
(5) 
Responsibility for the professional in-service training of the Coordinator of the Milton Emergency Management Agency shall be with the County of Northumberland.
(6) 
The Borough of Milton is authorized to reimburse the appointed Coordinator for actual expenses incurred as the result of his or her attendance at scheduled meetings and training programs.
(7) 
The Coordinator shall have the authority to expend up to $500 of Borough funds during each declared local disaster emergency for essential services and equipment needed to handle the emergency without approval of Milton Borough Council. The Mayor shall have the authority to expend in excess of $500 but less than $4,000 for said purposes without Borough Council approval.
B. 
There is hereby also established the positions of Deputy Coordinator of Disaster Emergency and Assistant Coordinator of Disaster Emergency for the Milton Emergency Management Agency. These positions shall be appointed by the Milton Borough Council, and the individuals so named shall serve until replaced by the Milton Borough Council. The persons so named shall assist the Coordinator and, in his absence, shall have the power designated herein, with the Deputy Coordinator succeeding first in authority and, in his absence, the Assistant Coordinator.

§ 15-8 Powers and duties of Agency.

The Milton Emergency Management Agency shall hereby be specifically directed by the Borough of Milton to:
A. 
Prepare, maintain and keep current a disaster emergency plan for the prevention and minimization 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 plans of the Northumberland County Emergency Management Agency.
B. 
Establish, equip and staff an emergency operations center.
C. 
Undertake efforts and programs consolidating warning and communications systems and plans to support governmental operations in emergencies.
D. 
Provide essential facilities and equipment to agencies and activities assigned emergency functions.
E. 
Provide individual and organizational training programs for police officers, fire-fighters, rescue personnel, ambulance personnel, emergency management volunteers and the general public to ensure prompt, efficient and effective disaster emergency services.
F. 
In conjunction with the police, fire, rescue and emergency medical services of the Borough of Milton and with the Northumberland County Emergency Management Agency and the local Emergency Health Services Council, provide support for citizen training programs stressing various safety aspects.
G. 
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment and facilities necessary for disaster emergency readiness, response and recovery.
H. 
Adopt and implement precautionary measures to mitigate the anticipated effects of a disaster.
I. 
Execute and enforce such rules, regulations and orders as the Milton Emergency Management Agency may adopt pursuant to the provisions of this chapter.
J. 
Cooperate and coordinate with any public and private agencies or entities in achieving any purpose of this chapter.
K. 
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.
L. 
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
M. 
Make monthly reports to the Milton Borough Council on the status and programs of the Milton Emergency Management Agency, its personnel, programs and plans.
N. 
Execute and enforce such rules and orders as may be adopted by the Pennsylvania Emergency Management Agency.
O. 
Make timely recommendations to and secure the consent of the Milton Borough Council 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.
P. 
Identify areas particularly vulnerable to disasters.
Q. 
Upon request of the Mayor, the Borough Council or a duly authorized Borough official, assist the Borough of Milton and/or its police, fire, rescue or emergency medical services in handling and coordinating special nondisaster emergencies and situations.

§ 15-9 Emergency Management Advisory Council.

A. 
In support of the programs and activities of the Milton Emergency Management Agency, the Milton Borough Council shall appoint, upon recommendation of the Emergency Management Coordinator, an Emergency Management Advisory Council consisting of 10 members. Members of the Emergency Management Advisory Council shall include the Mayor, a representative of the Milton Borough Council, the Chief of the Milton Police Department, the Captain of the Ambulance Service for the Borough of Milton, the Chief of the Milton Fire Department, the Borough Manager, a practicing physician or nurse and four at-large residents of the community.
(1) 
With the exception of the at-large resident members, the members of the Emergency Management Advisory Council shall serve continuously during their term of public office, except for the physician or nurse who shall serve until replaced by the Borough Council.
(2) 
Upon initial appointment to the Emergency Management Advisory Council, one at-large resident shall serve a term of one year, two shall serve terms of two years and one shall serve a term of three years. Thereafter, at-large resident representatives shall be appointed for three-year terms.
(3) 
At-large resident members on the Emergency Management Advisory Council shall serve no more than three consecutive terms.
(4) 
A designated representative may vote for any member of the Council if such member cannot be present at a particular meeting.
B. 
The Milton Emergency Management Advisory Council shall:
(1) 
Elect its own Chairman and other officers as the body may deem appropriate.
(2) 
Provide recommendations and assistance to the Coordinator as deemed appropriate concerning the plans, activities and role of the Milton Emergency Management Agency.
(3) 
Assist in the preparation and maintenance of the Milton Disaster Emergency Plan.
(4) 
Recruit and assist in the training of emergency personnel and represent the Milton Emergency Management Agency at training programs, seminars and public meetings.
(5) 
Provide whatever other aid or assistance that the Coordinator may request.

§ 15-10 Mutual aid agreements.

The Coordinator of the Milton 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 programs of the Pennsylvania 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 Northumberland 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 Milton 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 command and control of the receiving area.

§ 15-11 Duties of Borough Council.

A. 
Except during local disaster emergencies, the Milton Borough Council shall:
(1) 
Approve all expenditures of the Milton 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 Milton Emergency Management Plan.
B. 
All mutual aid agreements (§ 15-10) shall be ratified by the Milton Borough Council and by the governing bodies of the other affected municipalities prior to implementation.

§ 15-12 Gifts and grants.

Any gifts or grants of moneys made to the Milton Emergency Management Agency or to the Borough of Milton for the payment of expenses incurred or to be incurred by or for the Milton Emergency Management Agency shall be deposited in the treasury of the Borough of Milton and shall be appropriated only for the purpose for which the gift or grants were made.

§ 15-13 Representation on other boards and agencies.

Nothing in this chapter shall be construed as prohibiting the Milton Emergency Management Agency or the Milton Management Advisory Council from providing representation to other boards or agencies, such as outside emergency management advisory boards, emergency health services councils or regional communications committees, that coordinate with or otherwise impact the delivery of emergency management services.

§ 15-14 Adoption of insignia.

The Milton Emergency Management Agency shall, with the approval of the Milton Borough Council, adopt such insignia and/or other identifying marks or markings as are necessary to ensure the correct, prompt identification of its personnel, equipment and facilities.

§ 15-15 Applicability of statutory provisions.

The provisions of the Emergency Management Services Code of the Commonwealth of Pennsylvania, Act 1978-323 (P.L. 1332)[1] shall govern the emergency management activities of the Borough of Milton and the Milton Emergency Management Agency and its Milton Emergency Management Advisory Council, except in circumstances where the Emergency Management Services Code does not address local provisions or conditions provided for by this chapter.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501 et seq.