Township of Upper Gwynedd, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 5-21-1984 by Ord. No. 84-9. Amendments noted where applicable.]

§ 90-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ATTACK
A direct or indirect assault against the Township of Upper Gwynedd, its government, its environs or of the nation by the forces of a hostile nation or the agents thereof, including, but not limited to, assault by bombings; radiological, chemical or biological means; or sabotage.
COORDINATOR
The Emergency Management Coordinator of the Emergency Management Agency of the Township of Upper Gwynedd.
DISASTER
Actual or threatened attack, natural disaster, extraordinary fire, epidemic, evacuations or any other pending or actual emergency or calamity which endangers or threatens to endanger the health, safety, life or property of the residents of the Township or endangers or threatens the constituted government of the nation or state.
EMERGENCY MANAGEMENT
To carry out the basic government functions of maintaining the public peace, health and safety, including plans and preparations for protection from and relief, recovery and rehabilitation from the effect of an attack on the Township and such activity in connection with a disaster, as defined herein.
EMERGENCY MANAGEMENT FORCES
The employees, equipment and facilities of all Township departments, boards, institutions and commissions, and all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
EMERGENCY MANAGEMENT VOLUNTEER
Any person duly enrolled, identified and appointed by the Coordinator and assigned to participate in Emergency Management Agency activity.
PERSON
Any individual, firm, corporation, association or partnership, including the plural, as well as the singular, and both genders.
REGULATIONS
The plans, programs and emergency procedures established by the Emergency Management Agency which are deemed essential to an adequate program.
VOLUNTEER
A person contributing a service, equipment or facilities to the Emergency Management Agency without remuneration.

§ 90-2 Purposes.

The purposes of this chapter are:
A. 
To establish an Emergency Management Agency that will be responsible for the complete and efficient utilization of all Township facilities to safeguard and protect life and property within the Township of Upper Gwynedd during a state of war, a local emergency or disaster, and during normal day-to-day operations.
B. 
To establish the Emergency Management Agency and its attendant responsibilities, duties and powers, including but not limited to provisions for the promulgation of a basic emergency management plan with necessary lines of succession.
C. 
To establish the Emergency Management Coordinator and his attendant responsibilities, duties and powers as Coordinator of the Emergency Management Agency.
D. 
To provide for the promulgation of emergency management regulations, enforcement and penalties.

§ 90-3 Emergency Management Agency created; Coordinator.

A. 
There is hereby created an Emergency Management Agency for the Township of Upper Gwynedd. The Emergency Management Agency shall consist of a Coordinator, to be known as the "Emergency Management Coordinator," who shall be selected by the Township Board of Commissioners and appointed by the Governor of Pennsylvania. Said Coordinator shall serve at the pleasure of the Township Board of Commissioners or its designated alternate. The Coordinator may appoint a staff, as is necessary, but in all circumstances said appointments, if any, shall be with the express approval of the Township Board of Commissioners or its designated alternate. The members of the Emergency Management Agency shall serve without compensation.
B. 
The Emergency Management Coordinator shall be professionally competent and capable of planning, effecting coordination among various departments and generally controlling coordinated operations by emergency preparedness forces.
C. 
The employees, equipment and facilities of all Township departments, boards, institutions and commissions will be at the disposal of the Emergency Management Agency and will participate as directed by the Coordinator, with the approval of the Township Board of Commissioners; provided, however, that duties assigned to the various departments shall be the same or similar to the normal activities of said department.
D. 
During normal day-to-day activities, each department head shall be responsible for practicing emergency management within the department, and final Emergency Management Agency authority will rest with the Township Board of Commissioners; provided, however, that the Board of Commissioners may delegate such final authority to the Township Fire Marshal, regarding the Fire Department, and to the Chief of Police, with regard to the Police Department.

§ 90-4 Powers and duties of Agency.

Subject to the direction and control of the Township Board of Commissioners, the Emergency Management Agency shall have the following powers and duties:
A. 
To prepare a comprehensive basic plan for emergency management and keep the basic plan current to provide for the fullest protection of the Township and its inhabitants in case of disaster or declared emergency.
B. 
Recommend to the Township Board of Commissioners or its designated alternate all necessary rules and regulations for the implementation of the basic plan and all other rules and regulations necessary for the protection of the Township and its inhabitants in case of disaster or declared emergency.
C. 
Provide individual and organizational training programs to ensure prompt, efficient and effective disaster emergency services.
D. 
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.
E. 
Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.
F. 
Have available for inspection at its emergency operations center all emergency management plans, rules and orders, if any, of the Agency.
G. 
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.

§ 90-5 Powers and duties of Coordinator.

Subject to the direction and control of the Township Board of Commissioners, the Emergency Management Coordinator shall have the following powers and duties:
A. 
To oversee the formulation of the basic plan of emergency management and to direct its implementation in time of disaster or declared emergency.
B. 
To designate the lines of succession within the Emergency Management Agency and be responsible for the proper performance of all necessary duties and functions assigned to the various departments under the basic plan.
C. 
To make recommendations for rulings, orders or ordinances on behalf of the Emergency Management Agency to the Township Commissioners or their designated alternate whenever requested to do so and whenever it is deemed necessary or advisable.
D. 
To make reports to the Township Board of Commissioners as required.

§ 90-6 Purchases.

No purchase or purchases shall be made, no contract entered into and no expenses incurred by the Emergency Management Agency which involve the payment of more than $25 out of the Treasury of Upper Gwynedd Township, unless the proposed expenditure has been approved in writing by the Township Board of Commissioners. If any purchase or contract is made or other expenses incurred contrary to the provisions of this section, Upper Gwynedd Township shall not be responsible for the payment thereof, but the person acting for the Agency in the transaction shall be personally liable for the payment.

§ 90-7 Unlawful acts.

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 Agency as herein defined in the enforcement of the provisions of this chapter or any regulation, plan or order issued hereunder.

§ 90-8 Violations and penalties.

[Amended 4-22-1985 by Ord. No. 85-6]
A. 
Any person or persons or firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-151[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
C. 
This section shall not preclude the Township from any other remedy it may have at law or equity.