[Adopted 12-12-1994 by Ord. No. 12-12-94A]
71.1.1.Â
The Mayor is hereby authorized to use the specific powers granted
to him under the Statutes of the Commonwealth of Pennsylvania a to
declare a state of emergency.
71.2.1.Â
The Mayor shall be required to issue such a proclamation in writing
which shall be available for view by all interested parties.
71.3.1.Â
The declared state of emergency may not exceed seven days.
71.4.1.Â
At any time during the proclamation of the emergency, the Council
may, by resolution, rescind, modify or extend the emergency proclamation.
71.5.1.Â
The written proclamation declaring such an emergency condition shall
outline all specific prohibitions which may contain the following:
1.Â
Prohibiting persons from being on public streets during the hours
declared to be a period of curfew;
2.Â
Prohibiting the entry or departure of persons into or from any restricted
areas;
3.Â
(Reserved)
4.Â
Prohibiting the sale, purchase or dispensing of any commodities or
goods as designated by the Mayor;
5.Â
(Reserved)
6.Â
Prohibiting the transportation, possession or use of flammable or
explosive liquids, except in connection with normal operations of
motor vehicles, normal use or legitimate commercial use;
7.Â
Prohibiting any other such activities as the Mayor reasonably believes
should be prohibited to help preserve life, health, property or the
public peace, including, but not limited to those activities set forth
more fully in this ordinance.
[Amended 11-12-2007 by Ord. No. 11-12-07C]
71.6.1.Â
Authority to proclaim emergency condition. The Mayor shall have the
authority to proclaim an emergency condition. An emergency condition
can be declared for any natural event, including hurricane, tornado,
storm, high water, wind-driven water, tsunami, earthquake, volcanic
eruption, landslide, mudslide, or drought, or, regardless of cause,
fire, flood, explosion, or hazardous material contamination.
71.6.2.Â
The Mayor may also declare an emergency snow condition. For purposes
of this article, "emergency snow condition" means any condition involving
an accumulation of snow or ice, which the Mayor determines to be hazardous
to safety. The emergency snow condition shall be communicated as soon
as proclaimed to local radio and television stations for broadcast.
An emergency snow condition shall continue in effect from the date
of proclamation until such time as the Mayor proclaims termination
of the condition.
71.6.3.Â
Prohibition of unattended vehicles on roads during emergency snow
condition. No person, company, organization or any other entity shall
park or otherwise leave any motor vehicle unattended on the streets,
roads and highways within the boundaries of the Municipality of Bethel
Park during an emergency snow condition.
71.6.4.Â
Prohibition on operating vehicle on roads during emergency snow condition
without proper tires. No person, company, organization or any other
entity shall operate any motor vehicle on the streets, roads and highways
within the boundaries of the Municipality of Bethel Park during the
period of an emergency snow condition which is not equipped with tires
having treads suitable for use in snow or icy conditions.
71.7.1.Â
The written proclamation shall clearly describe any restricted area
with particularity and must specify the hours when such prohibitions
are to be in effect.
[Amended 11-12-2007 by Ord. No. 11-12-07C]
71.8.1.Â
Any person violating the Mayor's proclamation of emergency shall
be guilty of a summary offense and shall, upon conviction, be sentenced
to pay a fine not to exceed $300 in costs and in default thereof to
undergo imprisonment not to exceed 30 days.
71.9.1.Â
This ordinance shall become effective 30 days from enactment.
Any ordinance or part of any ordinance conflicting with the
terms and provisions of this ordinance be and the same is hereby repealed
to the extent of said conflict.
[Adopted by Ord. No. 12-12-94B]
71.11.1.Â
The Municipality of Bethel Park has determined that Releases
of Hazardous Substances within the Municipality may require immediate
response; and
71.11.2.Â
The Council desires to protect the safety and welfare of Bethel
Park residents and emergency response personnel and to provide for
reimbursement of Response Costs and other costs.
71.12.1.Â
For purposes of this Ordinance, Hazardous Substances shall include:
1.Â
"Hazardous material" as defined by the Pennsylvania Hazardous Material
Emergency Planning and Response Act, Act of Dec. 7, 1990, P.L. 639,
No. 165, § 103, 35 P.S. § 6022.103;
2.Â
Natural gas, liquefied natural gas, gasoline, petroleum and other
petroleum products; and
3.Â
Infectious and chemotherapeutic wastes as regulated by the Pennsylvania
Infectious and Chemotherapeutic Waste Disposal Act, Act of July 13,
1988, P.L. 525, No. 93, § 1, 35 P.S. § 6019.1,
et seq.
71.12.2.Â
"Person" shall include any individual, firm, corporation, association,
partnership or other legal entity.
71.12.3.Â
"Release" shall include any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping
or disposing into the environment.
71.12.4.Â
"Response Costs" shall have the meaning set forth in the Pennsylvania
Hazardous Material Emergency Planning and Response Act, Act of Dec.
7, 1990, P.L. 639, No. 165 § 103, 35 P.S. § 6022.210(c).
71.13.1.Â
The Municipality of Bethel Park hereby authorizes and directs
its emergency services and other municipal employees, and volunteer
emergency services organizations recognized by the Municipality, to
take actions as may be reasonably necessary to prevent Releases of
Hazardous Substances within the Municipality, to clean up such Releases,
and otherwise to abate the effects of such Releases. Such actions
shall include, but shall not be limited to, traffic control, medical
care, evacuation, relocation, analytical testing to measure or identify
Hazardous Substances, and actions to contain, remove and dispose of
Hazardous Substances.
71.14.1.Â
Any Person who owns or operates any vessel, container, vehicle,
property or facility from which Hazardous Substances are Released,
and any Person who abandons or discards any Hazardous Substances,
shall be strictly liable for: Response Costs incurred by the Municipality
or by any volunteer emergency services organization as a result of
the Release or abandonment or discarding of Hazardous Substances;
and Response costs, lost profits, or any other direct or consequential
damages sustained by any Person as a result of the Release or abandonment
or discarding of Hazardous Substances.
71.15.1.Â
A charge of $250 shall be assessed by the Municipality against
any Person extricated from a vehicle by the Municipality or by any
volunteer emergency services organization in the Municipality using
the Hurst tool or the jaws of life.
71.16.1.Â
The remedies provided by this ordinance shall be in addition
all other remedies provided by law.
71.17.1.Â
Any conflicting ordinance or resolution or any part thereof
is rescinded insofar as it conflicts with the provisions of this Ordinance.
71.18.1.Â
The provisions of this Ordinance are severable and, if any provision
of this Ordinance shall be held invalid, illegal or unconstitutional,
then the remaining provisions shall remain in full force and effect,
it being Council's intention that the balance of this Ordinance
would have been adopted if such invalid, illegal or unconstitutional
provision had not been included.