Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 12-10-1985 by Ord. No. 85-19 (Ch. 80 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 172.

§ 156-1 Short title.

This chapter shall be known and may be cited and referred to as the "Emergency Management Ordinance."

§ 156-2 Intent and purpose.

A. 
It is the intent and purpose of this chapter to establish an emergency management organization that will allow the local government and the community to coordinate their activities during emergency operations.
B. 
The Emergency Management Council will be the coordinating unit for all activity in connection with local emergencies and as required by New Jersey Statutes, P.L. 1942, c. 251, as amended by P.L. 1953, c. 438.[1] The Emergency Management Council will provide planning guidance to the departments and agencies of the Township.
[1]
Editor's Note: See N.J.S.A. App. A:9-41.
C. 
This chapter does not relieve any Township department or agency of the responsibilities or authority given by state statute or by local ordinance, nor is it intended to adversely affect the work of any volunteer agency organized for relief in emergencies.

§ 156-3 Definitions and word usage.

A. 
The following definitions shall apply in the interpretations of this chapter:
DECLARATION OF A STATE OF LOCAL EMERGENCY
A determination by the Emergency Management Coordinator or his authorized deputy, upon consultation with the Mayor, that an emergency has occurred or is imminent, requiring activation of all or part of the Township's emergency management services, from which determination a proclamation of a state of local disaster emergency shall issue, signed by the Emergency Management Coordinator.
EMERGENCY
Any unusual set of circumstances which endangers the health, safety or resources of the residents of the Township of Hillsborough and which is or may become too large in scope or is unusual in type to be handled in its entirety by normal operating Township services.
EMERGENCY MANAGEMENT COORDINATOR
The person appointed by the Mayor to plan, activate, coordinate and conduct the emergency operations of the Township in accordance with N.J.S.A. App. A:9-40.4.
EMERGENCY MANAGEMENT COUNCIL
The emergency service unit of local government formed to help carry out the basic governmental functions of maintaining the public peace, health and safety during an emergency in accordance with N.J.S.A. App. A:9-41. This shall include plans and preparations for protection from and relief, recovery and rehabilitation from the effects of any emergency.
EMERGENCY MANAGEMENT FORCE
The employees, equipment and facilities of all Township departments, boards, commissions and agencies, and, in addition, all volunteer persons, entities or agencies organized by the Council to assist in supervising and coordinating the emergency control activities of the municipality.
LOCAL EMERGENCY
Any emergency or the imminence thereof which affects the Township but is not so severe as to require action by the Governor of New Jersey or the County Emergency Management Coordinator as described in the Emergency Management Act (N.J.S.A. App. A:9-33 et seq.).
MAYOR
The Mayor, Deputy Mayor or the active executive member of the Township Committee.
REGULATIONS
Includes plans, programs and other emergency procedures promulgated in accordance with this chapter.
VOLUNTEER
Any person duly appointed by the Township Committee and/or the Emergency Management Coordinator with the assistance of the Emergency Management Council and assigned to participate in emergency management activities serving without remuneration.
B. 
Gender, as used in this chapter, is interchangeable with the opposite gender.

§ 156-4 Organization.

A. 
The Mayor and Township Committee are hereby authorized to create an organization for emergency control, utilizing, to the fullest extent, the existing agencies within the Township.
B. 
The organization shall consist of the following:
(1) 
The Emergency Management Coordinator, who shall be appointed by the Mayor from among the residents of the municipality. The Emergency Management Coordinator, subject to fulfilling the requirements herein, shall serve for a term of three years. As a condition of his appointment and his right to continue for the full term of his appointment, each Emergency Management Coordinator shall have successfully completed, at the time of his appointment or within one year immediately following his appointment, the current approved Civil Defense Director/Coordinator course. The failure of any Emergency Management Coordinator to fulfill such requirement within the time period prescribed shall disqualify the Director from continuing in the office of Director, and, thereupon, a vacancy in said office shall be deemed to have been created. Each Emergency Management Coordinator shall appoint a Deputy Emergency Management Coordinator with the approval of the Mayor. Wherever possible, such Deputy shall be appointed from among the salaried officers or employees of the municipality.
(2) 
The Emergency Management Council, which shall be composed of not more than 15 members who shall be appointed by the Mayor and shall hold office at the will and pleasure of the appointing authority. The Emergency Management Coordinator shall be a member and shall serve as Chairman of the Emergency Management Council. The Emergency Management Council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local emergency control activities and shall establish an adequate organization and emergency management force to assist in supervising and coordinating the civilian defense and emergency management control activities of the local municipality.
(3) 
The employees, equipment and facilities of all Township departments, boards, agencies and commissions which will participate in emergency management activities.
(4) 
Volunteer persons, organizations or agencies offering service to and accepted by the Township without remuneration.

§ 156-5 Powers and duties.

A. 
The Emergency Management Coordinator. The powers and duties of the Emergency Management Coordinator shall be as follows:
(1) 
The Emergency Management Coordinator, upon consultation with the Mayor, shall issue a written proclamation that a state of local emergency exists in accordance with N.J.S.A. App. A:9-40.5. The proclamation, duly witnessed, will be filed with the Township Clerk.
(2) 
During the period that the emergency proclamation remains in force, the Emergency Management Coordinator, in accordance with regulations promulgated by the State Emergency Management Director, shall be empowered to issue and enforce such orders, rules and regulations as may be necessary to implement and carry out emergency control operations and to protect the health, safety and resources of the residents of the municipality in accordance with N.J.S.A. App. A:9-40.5. Orders, rules and regulations promulgated in accordance with this authority will be given as widespread circulation as possible by available means of communications. Violations will be subject to the penalties provided hereinafter in this chapter.
(3) 
The orders, rules and regulations issued by the Emergency Management Coordinator may include but shall not be limited to the following:
(a) 
Regulations prohibiting or restricting the movement of vehicles or persons to facilitate the work of emergency service forces and to facilitate the movement of persons, emergency vehicles and equipment to and from critical areas within and outside the Township.
(b) 
Regulations pertaining to evacuation of persons from areas deemed to be hazardous or vulnerable.
(c) 
Such other regulations as necessary to preserve public peace, health and safety and to conserve critical resources.
(4) 
The Emergency Management Coordinator may request aid from contiguous municipalities and from noncontiguous municipalities when such aid has been directed by the County Emergency Management Coordinator when the emergency is beyond the capabilities and resources of local emergency management forces, in accordance with N.J.S.A. App. A:9-40.6. The state statutes and mutual aid agreements shall govern such request for aid outside local resources.
(5) 
During the emergency, the Emergency Management Coordinator, with authorization from the Township Committee, shall recommend expenditures to the governing body of Township funds and resources in order to obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people.
(6) 
The Emergency Management Coordinator, upon consultation with the Mayor, may, during the emergency, require the services of any Township officer, employee or official to assist him or the Emergency Management Council. All such duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as may be provided by state law for other registered and identified emergency management workers.
(7) 
The Emergency Management Coordinator shall cause to be prepared the plan hereafter referred to.
(8) 
The Emergency Management Coordinator 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 an emergency. The Coordinator shall be responsible to the Mayor and the Township Committee in regard to all phases of emergency-control activity. He shall be responsible for the planning, coordination and operation of the emergency-control activity in the Township. He shall maintain liaison with state and federal authorities and the authorities of other nearby political subdivisions so as to ensure the most effective operation of the plan. Additional duties shall include but not be limited to the following:
(a) 
Coordinating the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the Township.
(b) 
Development of an emergency operating center and coordination of 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.
(c) 
Keeping a file of the resources available within the Township, both public and private.
(d) 
Overseeing any agreement by which owners, agencies, boards or organizations of buildings may allow the use for sheltering persons in an emergency.
(e) 
Conducting practice operations to determine if emergency plans are efficient and adequate.
(f) 
Coordinating all public and volunteer private agencies, boards or organizations in their planning for emergency operations.
(g) 
Through public informational programs and educational programs, educating the civilian population as to actions necessary and required for the protection of their person and property in an emergency.
(h) 
Assuming such authority and responsibilities as permitted by law and as may be required to promote and develop the plan.
B. 
The Mayor.
(1) 
During any emergency, the Mayor, with the advice and consent of the Township Committee, may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the Township for the fair value thereof.
(2) 
The Mayor may, during any emergency, require emergency services of any Township officer or employee. All duly authorized persons rendering emergency services shall be entitled to such privileges and immunities as may be provided by state law for regular Township employees and other registered and identified emergency management workers.
(3) 
The Mayor will require the Township Committee members to assemble for a special meeting within 24 hours of the proclamation declaring the emergency in the Township.
(4) 
The Mayor will review for the Committee the status of the emergency and the measures taken to restore the public peace. The Mayor or Township Committee may request a verbal report from the Emergency Management Coordinator and the Chief of Police.

§ 156-6 Emergency operations plan.

A comprehensive emergency operations plan (the plan) shall be adopted and maintained by resolution of the Township Committee. The plan shall be prepared by the Director and submitted for approval by the Township Committee and will outline the duties and responsibilities under this chapter and all other applicable regulatory requirements. In preparation of the plan, the Director will consult with all municipal department heads whose departments will be assigned duties and responsibilities under the plan, and said department heads will assist the Director in preparation or modification of the plan. In the preparation or any modification of the plan as it pertains to the 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 the plan is 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 plan shall be considered supplementary to and an implementation of this chapter and N.J.S.A. App. A:9-30 et seq.

§ 156-7 Disclaimer of liability.

This chapter is an exercise by the Township of its governmental function for the protection of the public peace, health and safety. During an emergency, neither the Township nor agents and representatives of said Township nor any individual, receiver, firm, partnership, corporation, association or trustee nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of said activity.

§ 156-8 Violations and penalties.

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 $500 or imprisonment in the county jail for a period of not more than 90 days, or both.

§ 156-9 Interpretation.

At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. This chapter is adopted to complement the New Jersey Emergency Management Act (N.J.S.A. App. A:9-33 et seq.) and regulations promulgated thereunder and must be read and interpreted in conjunction therewith.

§ 156-10 Community Emergency Response Team.

[Added 11-27-2012 by Ord. No. 2012-33]
A. 
A CERT Team is hereby established in the Township of Hillsborough. The CERT Team shall be within the Office of Emergency Management and shall be under the supervision and control of the Township Emergency Management Coordinator or his designee.
B. 
Mission, organization and purpose. The mission, organization and purpose of the CERT Team is to provide volunteer services for natural and other disasters under the direction of the Office of Emergency Management to supplement and assist police, fire and Emergency Management Services response to a disaster.
C. 
Membership. CERT Team members shall be volunteers appointed by the Township Committee upon recommendation of the Emergency Management Coordinator. To be considered eligible, a volunteer must be 18 years of age and reside or work within the Township of Hillsborough.
D. 
Training. All CERT Team members will receive approximately 20 hours of initial basic-level training as required by the Federal Emergency Management Administration and will include:
(1) 
Disaster first aid;
(2) 
Family disaster preparedness;
(3) 
Disaster fire suppression;
(4) 
Medical operations;
(5) 
CERT Operations in Weapons of Mass Destruction and Terrorism Incidents;
(6) 
Disaster mental health;
(7) 
Basic emergency management; and
(8) 
Disaster simulation - skills review.
E. 
Other. Other volunteers, who are not members of CERT, may volunteer to assist the Office of Emergency Management. These volunteers shall perform tasks as assigned by the Coordinator of Emergency Management. They shall be appointed by the Township Committee upon the recommendation of the Emergency Management Coordinator. During emergencies, other volunteers may assist the Emergency Management Coordinator. All volunteers shall be under the control and direction of the Emergency Management Coordinator, or his or her designee.