Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents

§ 28-1.1 Short Title.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
This chapter shall be known and may be cited and referenced to as the "Emergency Management Ordinance."

§ 28-1.2 Intent and Purpose.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
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 Local Emergency Planning and Flood Mitigation Committee 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 Local Emergency Planning and Flood Mitigation Committee will provide planning guidance to the departments and agencies of the Township.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
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.

§ 28-1.3 Definitions and Word Usage.

[Ord. 1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
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 upon consultation with the Township Administrator or Mayor or designee 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 be issued, signed by the Emergency Management Coordinator and Township Administrator or Mayor.
EMERGENCY
Any unusual set of circumstances which endangers the health, safety or resources of the residents of the Township of Bernards and which is or may become too large in scope or is unusual in type to be handled in its entirety by the Township and its related service agencies.
EMERGENCY MANAGEMENT COORDINATOR
The person appointed by the Mayor for a three-year term, 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 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 Committee 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:9-43 et seq.
LOCAL EMERGENCY PLANNING AND FLOOD MITIGATION COMMITTEE
The emergency service unit of the 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. The Local Emergency Planning and Flood Mitigation Committee shall be composed of not more than 15 members appointed by the Mayor and shall serve at the will and pleasure of the appointing authority.
REGULATIONS
Includes plans, programs and other emergency procedures promulgated in accordance with this chapter.
TOWNSHIP ADMINISTRATOR
The Chief Administrative Officer of the Township or her designee.
VOLUNTEER
Any person duly appointed by the Mayor or the Emergency Management Coordinator with the assistance of the Local Emergency Planning and Flood Mitigation Committee and assigned to participate in emergency management activities.

§ 28-1.4 Organization.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended; Ord. #2095, § 1, 12-29-2009, amended]
a. 
The Township hereby creates an Emergency Management Council for emergency management and control utilizing, to the fullest extent, the existing agencies within the Township.
b. 
The Emergency Management Council shall be composed of not more than 15 members, who shall be appointed by the Mayor, to hold office at the will and pleasure of the Mayor, and consist of the following:
1. 
The Emergency Management Coordinator, who must be a resident of the Township, shall serve as Chairman. 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 appointment, the current approved home study course and the basic emergency management workshop. The failure of any Emergency Management Coordinator to fulfill such requirement within the time period prescribed shall disqualify the Coordinator from continuing in the office of Coordinator, and, thereupon, a vacancy in said office shall be deemed to have been created. The Deputy Emergency Management Coordinator shall be appointed by the Emergency Management Coordinator, with the approval of the Mayor. Whenever possible, such Deputy shall be appointed from among the salaried employees of the Township.
2. 
The Local Emergency Planning and Flood Mitigation Committee.
3. 
The Local Emergency Management Force.

§ 28-1.5 Powers and Duties.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
a. 
The Emergency Management Coordinator. The powers and duties of the Emergency Management Coordinator shall be as follows:
1. 
The Emergency Management Coordinator shall issue a written proclamation approved and signed by the Township Administrator or Mayor and Emergency Management Coordinator 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.
(a) 
Persons or organizations violating the order, rules and regulations issued in accordance with N.J.S.A. App. A:9-40.5 shall be subject to penalties in accordance with Subsection 28-1.8.
3. 
The Township Administrator may, within 24 hours of a declared emergency, notify the Township Clerk to convene a meeting of the Township Committee. The Township Administrator in conjunction with the Coordinator shall provide to the Township Committee an explanation of the event, the activities ongoing to address community needs and an estimate of anticipated unusual expenses to be made on behalf of the Township to meet the needs of same.
4. 
The Emergency Management Coordinator may request aid in accordance with N.J.S.A. App. A:9-40.6. The state statute and mutual aid agreements shall govern such request for aid outside of local resources.
5. 
During the emergency, the Emergency Management Coordinator shall recommend expenditures to the Township Administrator 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 Township Administrator may, during the emergency, require the services of any Township officer, employee or official to assist her or the Emergency Management Coordinator. 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 emergency operations plan.
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 Emergency Management Coordinator shall be responsible to the Township Administrator 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) 
Assuming such authority and responsibilities as permitted by law and as may be required to promote and develop the plan.
(h) 
During any emergency, the Emergency Management Coordinator 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.

§ 28-1.6 Emergency Operations Plan.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
A comprehensive emergency operations plan (EOP) shall be adopted and maintained by directive of the Township Committee. The EOP shall be prepared by the Emergency Management Coordinator 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 EOP, the Emergency Management Coordinator 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 Emergency Management Coordinator 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:9-33 et seq.

§ 28-1.7 Disclaimer of Liability.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
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.

§ 28-1.8 Violations and Penalties.

[Ord. #1322, 8-11-1998, adopted; Ord. #1687, 12-9-2003, amended]
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, may be punished by a fine or imprisonment.

§ 28-1.9 Interpretation.

[Ord. #1322, 8-11-1998, adopted]
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.