[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:
A civil emergency is hereby defined to be:
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]
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.
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.
Any act of war, hostile missile or bomb directed at or near
the municipality.
The person appointed by the municipality to head the Office
of Emergency Management Services.[2]
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.
