[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 3-13-2023 by Ord. No. 724. Amendments noted where applicable.]
This chapter shall be known and may be cited and referred to
as the "Emergency Management Ordinance of the Borough of Buena."
It is the intent and purpose of this chapter to establish an
Emergency Management Office that will ensure the complete and efficient
utilization of all of the Borough's facilities to combat disaster
resulting from emergencies, natural or man-made, or nuclear disasters
or enemy attack.
The Office of Emergency Management shall be a division of the
Department of Public Safety as provided by the Buena Borough Administrative
Code.
The Buena Borough Office of Emergency Management will be the
coordinating agency for all activity in connection with emergency
management; it will be the instrument through which Mayor and Council
may exercise the authority and discharge the responsibilities vested
in them in the New Jersey Civil Defense Act of 1942, P.L. 1942, c.
251, as amended and supplemented, and by authority of this chapter,
and in conjunction with directives issued by the New Jersey Office
of Emergency Management.
This chapter will not relieve any Borough department of any
of the responsibilities or authority given to it by any law, administrative
code or local ordinance, nor will it adversely affect the work of
any volunteer agency organized for relief in disaster emergencies.
The following definitions shall apply in the interpretation
of this chapter:
The Coordinator of the Buena Borough Office of Emergency
Management, appointed as prescribed in this chapter.
There shall be up to six Deputy Emergency Management Coordinators
who shall be appointed as prescribed in this chapter. All Deputy Emergency
Management Coordinators shall be required to have all of the training,
certificates and credentials that are required of the Coordinator.
An unusual incident or the imminence thereof, resulting from
natural or unnatural causes, which endangers the health, safety, or
resources of the residents of this Borough and which is or may become
too large in scope or unusual in type to be handled in its entirety
by regular Borough operating services.
Shall mean and include "disaster" and "war emergency" as
defined in this chapter.
The employees, equipment and Borough facilities of all departments,
boards, institutions, and commissions; and, in addition, it shall
include all volunteer persons or agencies.
Any person duly registered, identified, and appointed by
the Coordinator of the Office of Emergency Management and assigned
to participate in the emergency management activity.
Includes any disaster, or the imminence thereof, resulting
from natural or unnatural causes other than enemy attack and limited
to the extent that action by the Governor under the New Jersey Emergency
Management-Disaster Control Act is not required.
Includes plans, programs, and other emergency procedures
promulgated by the Emergency Management Coordinator.
Contributing of services, equipment or facilities to the
emergency management organization without remuneration.
Shall mean and include any disaster occurring in this jurisdiction
as a result of enemy attack or the imminent danger thereof.
A.
The Council of the Borough of Buena shall appoint an Emergency Management
Coordinator, who shall be a person well versed and trained in the
operation involving the activities of many different agencies which
will operate to protect the public health, safety and welfare in the
event of danger from emergencies as defined in this chapter. Said
person must have completed any and all necessary courses.
B.
The Coordinator must comply with all federal, state, county, or municipal
training guidelines. The term of appointment will be three years.
C.
The Coordinator is hereby authorized and directed to create an organization
for emergency management utilizing to the fullest extent the existing
agencies within this Borough. The Coordinator, as executive head of
the Buena Borough Office of Emergency Management, shall be responsible
for its organization, administration, and operations.
D.
The organization shall consist of the following:
(1)
An Office of Emergency Management will be designated by the Council
of the Borough of Buena and shall appoint an executive head of the
Office of Emergency Management, who shall be known as the "Coordinator
of the Office of Emergency Management," and such volunteer assistants
and other employees necessary for the proper functioning of the organization.
The employees, equipment, and facilities of all Borough departments,
boards, institutions, authorities and commissions will participate
in emergency management activity when requested, if able.
(2)
Volunteer persons and agencies offering service to and accepted by
the Borough.
(3)
The Coordinator shall designate and appoint, with the approval of
the Director of Public Safety, a Deputy Coordinator or Coordinators
to assume the emergency duties of the Coordinator in the event of
his absence or inability to act, the intent being that there will
always and at all times be a Coordinator in charge of emergency management
operations.
A.
The Coordinator of the Office of Emergency Management shall be responsible
to the Borough Council in regard to all phases of the emergency management
activity. Under the supervision of the Director of Public Safety,
the Coordinator shall be responsible for the planning, activation,
coordination and operation of the emergency management activity in
the Borough, and shall maintain liaison with the county, state and
federal authorities and the authorities of other nearby political
subdivisions as to ensure the most effective operation of the emergency
management plan. The Coordinator's duties shall include, but
are not limited to, the following:
(1)
Personnel. Coordinating the recruitment of volunteer personnel and
agencies to augment the personnel and facilities of the Borough for
emergency management purposes. The Coordinator may require emergency
services of any Borough officer or employee. If regular forces are
determined to be inadequate, the Coordinator may require the services
of such other personnel as he can obtain that are available, including
citizen volunteers. All duly authorized persons rendering emergency
services shall be entitled to the privileges and immunities as are
provided by state law, the ordinances for regular Borough employees
and other registered and identified emergency management workers.
(2)
The Coordinator may, under critical emergency situations, 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 Borough for the value thereof.
(3)
Negotiating and concluding agreements with owners or persons in control
of buildings or other property for the use of such buildings or other
property for emergency management purposes.
(4)
The Coordinator will cause to be prepared the Buena Borough Emergency
Operations Plan, herein referred to as the "Buena Borough Emergency
Operations Plan." Development and coordination of plans for the immediate
use of all the facilities, equipment, manpower and other resources
of the Borough for the purpose of minimizing or preventing damage
to persons and property; and protecting and restoring to usefulness
the governmental services and public health, safety and welfare.
(5)
Through public information programs, educating the civilian population
as to actions necessary and required for the protection of their persons
and property in case of emergency, as defined herein, either impending
or present. To conduct yearly exercises of the Buena Borough Emergency
Operations Plan to ensure the efficient operation of the emergency
management forces and to familiarize residents with regulations, procedures
and operations.
(6)
The Coordinator, with the approval of the Director of Public Safety,
shall order emergency management forces to the aid of other communities
when required only in accordance with the statutes of the state, and
he may request the state, county (or a political subdivision of the
state) to send aid to the Borough of Buena in case of disaster when
conditions in the Borough are beyond the control of the local emergency
management organization and/or resources.
(7)
Assuming such authority and conducting such activity as the Coordinator
and Director of Public Safety may direct to promote and execute the
Buena Borough Emergency Operations Plan.
(8)
The Coordinator shall act as "911" coordinator, plot and maintain
all address changes with the Borough of Buena, and assign all new
structures with proper addresses.
B.
The Coordinator may exercise the emergency power and authority necessary
to fulfill his general powers and duties as defined in this chapter.
The judgment of the Coordinator shall be the sole criteria necessary
to invoke emergency powers indicated in this chapter and other appropriate
authorities.
C.
Nothing in this chapter shall be construed as abridging or curtailing
the powers of the Mayor and Council.
A.
During any period when disaster threatens or when the Borough has
been struck by disaster, within the definition of this chapter, the
Coordinator shall promulgate such regulations as they deem necessary
to protect life and property and preserve critical resources.
B.
The Coordinator shall assist in implementing such regulations, including:
(1)
Regulations prohibiting or restricting the movement of vehicles in
order to facilitate the work of emergency management forces or to
facilitate the mass movement of persons from critical areas within
or without the Borough.
(2)
Regulations pertaining to the movement of persons from areas deemed
to be hazardous or vulnerable to disaster.
(3)
Such other regulations necessary to preserve public peace, health
and safety.
C.
Regulations promulgated in accordance with the authority above will
be given widespread circulation by proclamations; the emergency operations
plan shall be responsible for carrying out all duties and functions
assigned therein.
D.
Duties will include the organization and training of assigned Borough
employees and volunteers. Each department head and/or annex deputy
shall formulate an operation plan for his service which, when approved,
shall be annexed to and a part of the emergency operations plan.
E.
When a required competency or skill for a disaster function is not
available within the Borough government, the Coordinator is authorized
to seek assistance from persons outside of government. The assignment
of duties, when of a supervisory nature, shall also grant authority
for the persons outside of government. The assignment of duties, when
of a supervisory nature, shall also grant authority for the persons
so assigned to carry out such duties prior to, during and after the
occurrences of a disaster. Such services from persons outside of government
may be accepted by the Borough on a volunteer basis.
F.
Such citizens shall be enrolled as emergency management volunteers
in cooperation with the heads of departments affected.
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 organization as herein
defined in the enforcement of the regulations published and uttered
either by advertising, posting, newspaper, or radio. These regulations
will have force of an ordinance when duly filed with the Clerk, and
violations will be subject to the penalties provided in this chapter.
A.
A comprehensive emergency operations plan shall be maintained by
the Coordinator. In the preparation of this plan as it pertains to
Borough organization, it is the intent that the services, equipment,
facilities and personnel of all existing departments and agencies,
including volunteer fire companies and first aid squads (said department
agencies and companies hereinafter referred to as "departments"),
shall be utilized to the fullest extent to protect the peace, health
and safety of citizens. When approved, it shall be the duty of all
municipal departments 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 emergency operations plan shall be considered supplementary
to this chapter and have the effect of law whenever a disaster, as
defined in this chapter, has been proclaimed. The plan shall be compatible
with county and state plans.
B.
The Coordinator shall prescribe in the emergency operations plan
those positions within the disaster organization, in addition to his/her
own, for which lines of succession are necessary.
C.
Each department and/or annex deputy assigned responsibility in provisions
of this chapter or any regulation or plan issued thereunto.
D.
Any person, firm or corporation violating any provisions of this
chapter, or any rule or regulation promulgated thereunto, upon conviction
thereof, shall be punished by a fine of not more than $1,000 and costs
of prosecution or imprisonment for a period of not more than 90 days,
or both such fine and imprisonment, in the discretion of the court.
A.
Should any provision of this chapter be declared invalid for any
reason, such declaration shall not affect the validity of other provisions,
or of this chapter, as a whole, it being the legislative intent that
the provisions of this chapter shall be severable.
B.
This chapter shall take effect 20 days after passage and publication
in accordance with the law.
