Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Hanover 8-11-2003 by Ord. No. 15-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Auxiliary fire company — See Ch. 25.
Fire Department — See Ch. 26.
Police Department — See Ch. 42.

§ 78A-1 Purpose.

It is the intent and purpose of this chapter to establish an emergency management system that will ensure the complete and efficient utilization of all of the Township's facilities to combat disaster resulting from emergencies, whether natural or man-made, or nuclear disaster or enemy attack.

§ 78A-2 Coordination of activities.

The emergency management system will coordinate all activity in connection with emergency management. It will be the instrument through which the Mayor and Township Council may exercise the authority and discharge the responsibilities vested in them in the New Jersey Civil Defense Act of 1942, P.L. 1942, c. 25, as amended and supplemented and by authority of this chapter.

§ 78A-3 Effect on existing departments and agencies.

This chapter shall not relieve any Township department of any and all responsibilities or authority given it by any law, administrative code or local ordinance, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.

§ 78A-4 Definitions.

The following definitions shall apply in the interpretation of this chapter:
COORDINATOR
The Coordinator of the East Hanover emergency management system, appointed as prescribed in this chapter.
DEPUTY EMERGENCY MANAGEMENT COORDINATOR
There shall be up to three Deputy Emergency Management Coordinators who shall be appointed as prescribed in this chapter. All Deputy Emergency Management Coordinators shall be required to have all of the training, certificates and credentials that are required of the coordinator.
DISASTER
An unusual incident or the imminence thereof, resulting from natural or man-made causes, which endangers the health, safety or resources of the residents of the Township of East Hanover and which is or may become to large in scope or unusual in type to be handled in its entirety by regular Township operating services.
EMERGENCY
Includes disaster and war emergency, as defined in this chapter.
EMERGENCY MANAGEMENT FORCES
The employees, equipment and Township facilities of all departments, boards, institutions and commissions and, in addition, all volunteer persons or agencies.
EMERGENCY MANAGEMENT VOLUNTEERS
Any person duly registered, identified and appointed by the Coordinator of Emergency Management and assigned to participate in the emergency management activity.
LOCAL DISASTER EMERGENCY
Includes any disaster or the imminence thereof resulting from natural or man-made causes other than enemy attack and limited to the extent that action by the Governor under the New Jersey Emergency Management-Disaster Control Act is not required.
ON-CALL STATUS
Includes responding to any events as described as an emergency as defined herein.
REGULATIONS
Includes plans, programs and other emergency procedures promulgated by the Emergency Management Coordinator.
VOLUNTEER
Contributing of services, equipment or facilities to the emergency management organization without remuneration.
WAR EMERGENCY
Includes any disaster occurring in this jurisdiction as a result of enemy attack or the imminent danger thereof.

§ 78A-5 Local Emergency Planning Committee; appointment of Emergency Management Coordinator; membership.

A. 
The Mayor shall appoint not more than 15 members to a Local Emergency Planning Committee. Members shall hold office at the will and pleasure of the Mayor. The Emergency Management Coordinator shall be a member and serve as chair of the Committee. The Committee shall assist the Township in establishing the various local volunteer support needed to meet the requirements of all emergency management and disaster control activities in pursuance of the provisions of P.L. 1942, c. 251, as amended, and this chapter.
B. 
Membership in the Emergency Planning Committee should be diverse and include representation from the following stakeholder groups and organizations:
(1) 
Elected and appointed local officials.
(2) 
Emergency management.
(3) 
Law enforcement.
(4) 
Fire service.
(5) 
EMS/first aid service.
(6) 
Health services.
(7) 
Local environmental and transportation agencies.
(8) 
Local and regional schools.
(9) 
Area hospitals.
(10) 
Media representatives.
(11) 
Community groups.
(12) 
Facilities subject to emergency planning and community right-to-know requirements.
(13) 
Local business.
C. 
The Mayor shall appoint an Emergency Management Coordinator who 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 emergencies as defined in this chapter. Said person must complete any and all necessary courses in civil defense and the professional development series from the Federal Emergency Management Agency. The Coordinator must comply with all federal, state, county or municipal training guidelines. The term of appointment shall be three years, and any vacancy in the position shall be filled for the unexpired portion of the three-year term.
D. 
The Emergency Management Coordinator is hereby authorized and directed to create an organization for emergency management utilizing to the fullest extent the existing agencies within the Township. The Coordinator as head of the emergency management system shall be responsible for its organization, administration and operations.
E. 
The organization shall consist of the following:
(1) 
An emergency management system will be designated by the Mayor. He shall appoint an executive head of the system who shall be known as the Emergency Management Coordinator, and such volunteer assistants and other employees as he/she shall deem necessary for the proper functioning of the organization.
(2) 
The employees, equipment and facilities of the Township and its departments, divisions, agencies, boards, institutions, authorities and commissions shall participate in emergency management activity when requested to the extent of their ability to do so.
(3) 
Volunteer persons and agencies offering service to and accepted by the Township.
F. 
The Coordinator shall designate and appoint, with the approval of the Mayor, one or more, but not more than three, Deputy Coordinators to assume emergency duties of the Coordinator in the event of his/her absence or inability to act, the intent being that there shall always be a Coordinator in charge of emergency management operations.

§ 78A-6 Powers and duties of Coordinator and his/her designees.

A. 
The Emergency Management Coordinator and his/her designees shall be responsible to the Mayor in regard to all phases of the emergency management activity. Under the supervision of the Mayor, the Coordinator shall be responsible for the planning, activation, coordination and operation of the emergency management activity in the Township. Under the supervision of the Mayor, the Coordinator shall maintain liaison with county, state and federal authorities and the authorities of nearby political subdivisions to ensure the most effective operation of the emergency management plan. The Coordinator's duties shall include without limitation the following:
(1) 
Personnel. The Coordinator or his/her designee shall coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Township for emergency management purposes. The Coordinator and his/her designee may require emergency services of any Township officer or employee. If regular forces are deemed to be inadequate, the Coordinator and his/her designee may require the services of such other personnel as can be obtained that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as provided by state law, the ordinances for regular Township employees and other registered and identified emergency management workers.
(2) 
The Coordinator or his/her designee may, under critical emergency situations, obtain vital supplies, equipment and other properties found lacking and needed for the protection of the health, life and property of the people, and may bind the Township for the value thereof.
(3) 
The Coordinator or his/her designee shall negotiate and conclude 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.
(4) 
The Coordinator or his/her designee will cause to be prepared the East Hanover Township emergency operations plan.
(5) 
The Coordinator or his/her designee shall develop and coordinate plans for the immediate use of all facilities, equipment, manpower and other resources of the Township for the purpose of preventing or minimizing damage to persons and property; and protecting and restoring to usefulness the governmental services and public health, safety and welfare.
(6) 
Through public information programs, the Coordinator and his/her designee shall educate the civilian population as to actions necessary and required for the protection of their persons and property in case of emergency, as defined herein, whether present or impending.
(7) 
The Coordinator or his/her designee shall conduct yearly exercise of the East Hanover emergency operations plan to ensure the efficient operation of the emergency management forces and to familiarize residents with regulations, procedures and operations.
(8) 
The Coordinator or his/her designee, with the approval of the Mayor, shall order emergency management forces to the aid of other communities when required only in accordance with the statutes of the state, and the Coordinator or his/her designee may request the state, county or another community to send aid to the Township of East Hanover in case of disaster when conditions in the Township are beyond the control of the local emergency management organization and/or its resources.
(9) 
The Coordinator or his/her designee shall assume such authority and conduct such activity as the Coordinator and the Mayor may direct to promote and execute the East Hanover Township emergency operations plan.
(10) 
The Coordinator shall be the Chair of the East Hanover Emergency Planning Committee.
B. 
Whenever, in the opinion of the Coordinator, a disaster has occurred or is imminent in the Township, he/she shall proclaim a state of local disaster emergency within the Township. The Coordinator or his/her designee may exercise the emergency power and authority necessary to fulfill his/her general powers and duties as defined in this chapter. The judgment of the Coordinator or his/her designee shall be the sole criterion necessary to invoke emergency powers indicated in this chapter, and other appropriate authorities; provided, however, that nothing herein shall be construed to abridge or curtail the powers of the Mayor and Township Council.
C. 
Promulgation and implementation of regulations.
(1) 
During any period when disaster threatens or the Township has been struck by a disaster as defined in this chapter, the Coordinator or his/her designee shall promulgate such regulations as deemed necessary to protect life and property and preserve critical resources.
(2) 
The Coordinator or his/her designee shall assist in implementing such regulations, including, without limitation:
(a) 
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 Township.
(b) 
Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
(c) 
Such other regulations necessary to preserve public peace, health and safety.
(3) 
Regulations promulgated in accordance with the authority above shall be given widespread circulation by proclamations published and uttered either by advertising, posting, newspaper or radio. These regulations will have the force of an ordinance when duly filed with the Township Clerk, and violations will be subject to the penalties provided in this chapter.

§ 78A-7 Emergency operations; outside assistance.

A. 
A comprehensive emergency operations plan (EOP) shall be maintained by the Coordinator. The EOP shall conform to all relevant federal statutes, rules and regulations and shall identify significant hazards affecting the Township. The EOP shall be based upon the criteria, objectives, requirements, responsibilities and concepts of operation to implement all appropriate protective remedial measures to be taken in response to a potential or actual emergency as determined by the State Director of Emergency Management. The EOP shall be reviewed and updated at least every two years.
B. 
In the preparation of this plan as it pertains to the Township, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies, including the volunteer fire company and first aid squad, shall be utilized to the fullest extent to protect the peace, health and safety of citizens. 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 portions of the plan in a current state of readiness at all times. The emergency operations plan shall be considered supplementary to this chapter and have the effect of law whenever a disaster, as defined by this chapter, has been proclaimed. The EOP shall be compatible with county and state plans.
C. 
The Coordinator shall prescribe in the emergency operations plan those positions within the disaster organization, in addition to his/her own, for which lines of succession are necessary.
D. 
Each department and/or annex deputy assigned responsibility in the emergency operations 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 department head and/or annex deputy shall formulate an operation plan for his/her service which, when approved, shall be annexed to the EOP and become a part thereof.
E. 
When a required competency or skill for a disaster function is not available within Township government, the Coordinator 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 the government may be accepted on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers in cooperation with the heads of the departments affected.

§ 78A-8 Prohibited acts; violations and penalties.

A. 
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 organization as herein defined in the enforcement of the provisions of this chapter or any regulation or plan issued hereunto.
B. 
Any person, firm, corporation or other entity violating any provision of this chapter or any rule or regulation promulgated hereunder, upon conviction thereof, shall be subject to a fine not to exceed $1,200, imprisonment for up to 90 days, or both.