Township of Penn, PA
York County
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[HISTORY: Adopted by the Board of Commissioners of Penn Township 2-17-1992 by Ord. No. 444 (Ch. 66 of the 1975 Code). Amendments noted where applicable.]
A. 
It is the intent of the Penn Township Board of Commissioners to ensure that the basic government functions of maintaining the public peace, health and safety are provided and to effectively deal with any emergency that may occur within Penn Township by ensuring the readiness and the complete and efficient utilization of all available resources.
B. 
It is further the intent to provide for the promulgation of emergency management regulations, enforcement and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
CIVIL EMERGENCY
A civil emergency is hereby defined to be:
A. 
A criminal act or threatened criminal act which would affect the safety of Township residents, including but not limited to hostage or sniper situations; a riot or unlawful assembly characterized by the use of actual force or violence or any threat or potential for use of force if accompanied by immediate power to execute such force without authority of law.[1]
B. 
Any natural disaster or man-made calamity, including but not limited to flood, windstorm, epidemic, drought, conflagration, cyclone, tornado, earthquake, explosion, chemical, radioactive material or oil spill or other contamination within the political boundaries of the municipality or affecting persons or property within the municipality resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
C. 
The absence, unavailability or shortage of goods or services which bear a substantial relationship to the health, safety or welfare of Township residents, including but not limited to loss or cutbacks in services of any public utility or shortage of food or fuel.
D. 
Any act of war, hostile missile or bomb directed at or near the municipality.
EMERGENCY MANAGEMENT DIRECTOR
The person appointed by the municipality to head the Office of Emergency Management Services.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The definition of "municipality," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Powers of the Board. The Board of Commissioners, Penn Township, shall have the power to declare a state of civil emergency when, by a majority vote, the Board determines that an emergency has occurred or the threat of an emergency is imminent.
B. 
Duration of state of civil emergency. The state of civil emergency shall continue until the Board of Commissioners finds that the threat of danger has passed or the emergency has been dealt with to the extent that emergency conditions no longer exist. No state of civil emergency may continue for longer than seven days unless renewed by the consent of the majority of the Board of Commissioners.
C. 
Emergency powers. During any period when a state of civil emergency is in effect, the Board of Commissioners may promulgate such regulations as are deemed necessary to protect life and property and preserve critical resources. Such regulations may include but shall not be limited to the following:
(1) 
Regulations prohibiting or restricting the parking, use or movement of vehicles.
(2) 
Regulations pertaining to the evacuation or other movement of persons from or within areas deemed to be hazardous or vulnerable to emergency, including but not limited to regulations pertaining to public gatherings, crowds or assembly.
(3) 
To declare a public curfew prohibiting all persons, except those expressly authorized, from being upon the public streets or in any public or private place within the municipality.
(4) 
To temporarily seize any nonresident building for the purpose of providing temporary shelter for displaced emergency victims.
(5) 
To close or regulate the business hours of any commercial establishment within the municipality when such closing or regulation is in the public interest.
(6) 
To prohibit or restrict the sale and distribution of any product, item or materials when such regulation is in the public interest.
(7) 
To seize any food, clothing, water or medical supplies necessary to sustain displaced emergency victims.
(8) 
To limit or regulate the use of utilities such as water, electricity, gas or other utilities.
(9) 
To designate certain areas of the municipality as being restricted against entry therein by any unauthorized persons, except bona fide residents living or working within said restricted area.
(10) 
To designate enforcement and implementation responsibilities to authorized representatives, including but not limited to the Township Manager, Assistant Township Manager, Chief of Police, department heads, Code Enforcement Officer, Zoning Officer, Emergency Management Director, Fire Chiefs and other fire officials.
(11) 
Such other regulations necessary to preserve public peace, health and safety.
(12) 
To promulgate regulations in accordance with the authority above, disseminating the same to television, newspaper, radio and other media.
A. 
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 willingly obstruct, hinder or delay any person performing services during the enforcement of the provisions of this chapter or any regulation or plan issued thereunder.
B. 
Any persons who shall violate any such provision shall be subject to the penalties for violations as described in Chapter 1, Article II, of the Penn Township Code.