[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 10-25-1988 by Ord. No. 88-28 (Ch. 1, Part 6, of the
1992 Code). Amendments noted where applicable.]
[Amended 12-1-1992 by Ord. No. 92-13]
The following words and phrases when used in this chapter shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
A man-made disaster, natural disaster or war-caused disaster.
Those conditions which may by investigation be found, actually
or likely, to:
Affect seriously the safety, health or welfare of a substantial
number of citizens of this Township or preclude the operation or use
of essential public facilities;
Be of such magnitude or severity as to render essential state
supplementation of county and local efforts or resources exerted or
utilized in alleviating the danger, damage, suffering or hardship
faced; and
Have been caused by forces beyond the control of man, by reason
of civil disorder, riot or disturbance, or by factors not foreseen
and not known to exist when appropriation bills were enacted.
The judicious planning, assignment and coordination of all
available resources in an integrated program of prevention, mitigation,
preparedness, response and recovery for emergencies of any kind, whether
from attack, man-made or natural sources.
The preparation for and the carrying out of functions other
than functions for which military forces are primarily responsible,
to prevent, minimize and provide emergency repair of injury and damage
resulting from disasters, together with all other activities necessary
or incidental to the preparation for and carrying out of those functions.
The functions include, without limitation, firefighting services,
police services, medical and health services, rescue, engineering,
disaster warning services, communications, radiological, shelter,
chemical and other special weapons defense, evacuation of persons
from stricken areas, emergency welfare services, emergency transportation,
emergency resources management, existing or properly assigned functions
of plan protection, temporary restoration of public utility services
and other functions related to civilian protection.
The condition declared by the local governing body when in
its judgment the threat or actual occurrence of a disaster is or threatens
to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby. A local emergency
arising wholly or substantially out of a resource shortage may be
declared only by the Governor, upon petition of the local governing
body, when he deems the threat or actual occurrence of a disaster
to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby.
A local emergency management organization.
Any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, natural resource shortage or other condition
except enemy action, resulting from man-made causes, such as oil spills
and other injurious environmental contamination, which threatens or
causes substantial damage to property, human suffering, hardship or
loss of life.
Any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought,
fire, explosion or other catastrophe which results in substantial
damage to property, hardship, suffering or possible loss of life.
Any condition following an attack upon the United States
resulting in substantial damage to property or injury to persons in
the United States caused by use of bombs, missiles, shellfire, nuclear,
radiological, chemical or biological means, or other weapons or overt
paramilitary actions, or other conditions such as sabotage.
A local emergency management organization is hereby established
and shall be known as the "Middletown Township Emergency Management
Organization."
The Middletown Township Emergency Management Organization is
established pursuant to the provisions of the Emergency Management
Services Code, 35 Pa.C.S.A. § 7501 et seq.
The Middletown Township Emergency Management Organization shall
have the responsibility for emergency management and disaster response
and recovery within the Township of Middletown. The Middletown Township
Emergency Management Organization shall also provide emergency management
and disaster response and recovery services outside the Township of
Middletown as required by the terms and conditions of this chapter.
A.
A local disaster emergency may be declared by the Township of Middletown
Board of Supervisors upon finding a disaster has occurred or is imminent.
The Township of Middletown Board of Supervisors hereby authorizes
one or more officials of the Township, as set forth hereafter, to
declare a local disaster emergency subject to ratification by the
Township of Middletown Board of Supervisors. Such authorization to
declare a local disaster may be granted in descending order of rank,
depending upon the availability of said officers. The declaration
of a local disaster emergency shall be ratified by the Board of Supervisors
except where it is determined a duly authorized official has grossly
abused his/her discretion in declaring a local emergency or the circumstances
warranting the declaration of a local disaster.
B.
The succession of authority to declare a local disaster emergency
shall be as follows:
(1)
Chairman of Board of Supervisors.
(2)
Vice Chairman of Board of Supervisors.
(3)
Secretary of Board of Supervisors.
(4)
Most senior member of Board of Supervisors (excluding Chairman,
Vice Chairman and Secretary).
(5)
Least senior member of Board of Supervisors (excluding Chairman,
Vice Chairman and Secretary).
(6)
Township Manager.
(7)
Emergency Management Coordinator.
(8)
Deputy Emergency Management Coordinator(s).
Upon declaration of a disaster emergency, the Township of Middletown,
pursuant to § 7301(c) of the Emergency Management Services
Code,[1] shall be authorized to exercise the powers granted in
this chapter without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements)
pertaining to the performance of public works, entering into contracts,
the incurring of obligations, the employment of temporary workers,
the rental of equipment, the purchase of supplies and materials, the
levying of taxes and the appropriation and expenditure of public funds.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7301(c).
A.
The Middletown Township Emergency Management Organization shall have
a Coordinator and, at the discretion of the Board of Supervisors,
Deputy Coordinators, who shall be responsible for the planning, administration
and operation of the organization, subject to the direction and control
of the Board of Supervisors of the Township of Middletown.
B.
The Coordinator of the Middletown Township Emergency Management Organization
shall be appointed by the Governor of the Commonwealth of Pennsylvania
upon recommendation of the Board of Supervisors of the Township of
Middletown. The Middletown Township Emergency Management Coordinator
shall serve at the pleasure of the Board of Supervisors of the Township
of Middletown.
C.
The Coordinator of the Middletown Township Emergency Management Organization
shall:
(1)
Be professionally competent and capable of planning, effecting
and coordinating operations among agencies of government and controlling
coordinated operations by local emergency preparedness forces.
(2)
Attend and successfully complete the first phase of the career
development program as prescribed by the Pennsylvania Emergency Management
Agency within one year after appointment.
(3)
Attend and successfully complete the second phase of the career
development program as prescribed by the Pennsylvania Emergency Management
Agency within three years after appointment.
(4)
Attend basic and advanced seminars, workshops and training conferences
called by the Director of the Pennsylvania Emergency Management Agency
and/or its Director of Training and Education.
D.
The Township of Middletown will reimburse its Coordinator for actual
expenses incurred as the result of his or her attendance at scheduled
meetings and training programs.
The Middletown Township Emergency Management Organization is
hereby directed to:
A.
Prepare, maintain and keep current a disaster emergency plan for
the Township of Middletown for the prevention and minimization of
injury and damage caused by disaster, for prompt and effective response
to disaster and for disaster emergency relief and recovery in consonance
with the Pennsylvania Emergency Management Plan and the Bucks County
Emergency Management Plan.
B.
Establish, equip and staff an emergency operations center for the
Township of Middletown.
C.
Establish a warning and communications system for the Township of
Middletown that will support governmental operations in emergencies.
D.
Provide essential facilities and equipment to those agencies and
organizations that have been assigned emergency functions under the
provisions of this chapter.
E.
Provide individual and organizational training programs to ensure
prompt, efficient and effective disaster emergency services.
F.
Organize, prepare, administer and coordinate all available manpower,
materials, supplies, equipment and facilities necessary for disaster
emergency readiness, response and recovery.
G.
Adopt and implement precautionary measures to mitigate the anticipated
effects of a disaster.
H.
Execute and enforce such rules, regulations and orders as the Middletown
Township Emergency Management Organization may establish pursuant
to the provisions of this chapter.
I.
Cooperate and coordinate with any public and private agencies or
entities in achieving any purpose of this chapter.
J.
Have available for inspection at the Middletown Township Municipal
Building all emergency management plans, rules, regulations and orders
of the Governor and the Pennsylvania Emergency Management Agency.
K.
Provide prompt and accurate information regarding local disaster
emergencies to appropriate commonwealth and local officials and agencies
and the general public.
L.
Provide prompt and general publicity to any order or proclamation
declaring, continuing or terminating a local disaster emergency. Notice
of such orders or proclamations shall be promptly filed with the Pennsylvania
Emergency Management Agency.
M.
Execute and enforce such rules and orders as may be adopted by the
Pennsylvania Emergency Management Agency.
N.
Make timely recommendations to and secure the consent of the Township
of Middletown concerning the development of plans, the acquisition
of materials, supplies and equipment, and the development of a budget
for the agency, except as provided for in disaster emergencies.
O.
Identify areas within the Township of Middletown that are particularly
vulnerable to disaster.
P.
Assist the Township of Middletown and/or its police, fire, rescue
or emergency medical services in handling and coordinating special
nondisaster emergencies and situations if, in the judgment of Emergency
Management Coordinator, such assistance is required.
Q.
Generally be responsible for the planning, administration and operation
of the local emergency management organization.
The local coordinators of emergency management shall develop
mutual aid agreements for reciprocal emergency assistance. Any mutual
aid agreement shall be approved by the Board of Supervisors prior
to implementation.
Except during local disaster emergencies, the Board of Supervisors
of the Township of Middletown shall:
The Middletown Township Emergency Management Organization may,
with the approval of the Board of Supervisors of the Township of Middletown,
adopt such insignia and/or other identifying marks or markings as
are necessary to ensure the correct, prompt identification of its
personnel, equipment and facilities.
The provisions of the Emergency Management Services Code of
the Commonwealth of Pennsylvania, Act 1978-323 (P.L. 1332) shall govern
the emergency management activities of the Township of Middletown
and the Middletown Township Emergency Management Organization except
in circumstances where the Emergency Management Services Code does
not address local provisions or conditions provided for by this chapter.
