[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as § 2-23 (Ord. No. 515) of the 1970 Revised General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 2.
A.
It is the intent and purpose of this chapter to establish
an emergency management unit that will provide for optimum use of the resources
of the borough for action in coordinating emergency operations.
B.
The Office of Emergency Management will be the coordinating
unit for all activity in connection with local emergencies and as required
by N.J. Statutes Chapter 251, P.L. 1942, as amended by Chapter 438, P.L. 1953.
C.
This does not relieve any borough 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.
As used in this chapter, the following terms shall have the meanings
indicated:
A proclamation by the Emergency Management Coordinator, upon recommendation
by the concurrence of the Emergency Management Coordinator, or his authorized
deputy that an emergency has occurred or is imminent which requires activation
of all or part of the borough emergency management services, declaring that
a state or local emergency exists.
Any unusual set of circumstances which endangers the health, safety,
or resources of the residents of the borough and which is or may become too
large in scope or is unusual in type, to be handled in its entirety by normal
operating borough services.
The person appointed by the Mayor to coordinate the emergency services
of the borough.
The employees, equipment and facilities of all borough departments,
boards, commissions and agencies; and, in addition, all volunteer personnel,
equipment and facilities contributed by or obtained from volunteer persons,
organizations or agencies.
The emergency services of local government in helping to carry out
the basic governmental functions of maintaining the public peace, health and
safety during an emergency. This shall include plans and preparations for
protection from, and relief, recovery and rehabilitation from, the effect
of an emergency.
Any emergency, or the imminence thereof, which affects the borough
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:9-33 et seq.
The Mayor or Acting Mayor of the borough.
Plans, programs and other emergency procedures promulgated in accordance
with this chapter.
Any person duly appointed by the Borough Council or Emergency Management
Coordinator and assigned to participate in emergency management activities,
serving without remuneration.
A.
The Borough Council is hereby authorized to create an
organization for emergency management, utilizing the existing agencies within
the borough.
B.
The organization shall consist of the following:
(1)
The emergency management unit will be under the direction
of the Mayor. The Coordinator shall be the executive head of the unit. There
shall also be such deputies and assistants, appointed by the Coordinator and
approved by the Mayor, as are deemed necessary.
(2)
The employees, equipment and facilities of all borough
departments, boards, agencies and commissions which will participate in emergency
management activities.
(3)
Volunteer persons, organizations or agencies offering
service to and accepted by the borough without remuneration.
A.
The Mayor. Emergency powers and duties of the Mayor shall
be as follows:
(1)
During the period that the emergency proclamation remains in force, the Mayor may promulgate such regulations and take such other action as he deems necessary to protect life and property of the residents and to preserve critical resources. Regulations promulgated in accordance with this authority will be given as widespread circulation as possible by available means of communications. The regulations will have the force of ordinances when filed with Borough Clerk, and violations will be subject to the penalties provided in Chapter 1, § 1-17, of this Code. Such regulations may include but shall not be limited to the following:
(a)
Regulations prohibiting or restricting the movement of
vehicles or persons to facilitate the work of emergency services forces, to
facilitate the movement of persons, emergency vehicles and equipment to and
from critical areas within and outside the borough.
(b)
Regulations pertaining to evacuation of persons from
areas deemed to be hazardous or vulnerable.
(c)
Regulations which close or regulate the hours of any
premises that is licensed to sell alcoholic beverages or gasoline.
(d)
Regulations that close or regulate the hours of any public
place of entertainment or premises which offer for sale foodstuffs or medicines.
(e)
Such other regulations necessary to preserve public peace,
health, safety and to conserve critical resources.
(2)
The Mayor may request aid from contiguous or noncontiguous
municipalities when the emergency is beyond the capabilities and resources
of local emergency management forces. The state statutes and mutual aid agreements
shall govern such requests for aid outside of local resources.
(3)
During the emergency, the Mayor may obtain vital supplies,
equipment and other properties found lacking and needed for the protection
of health, life and property of the people, and bill the borough for the fair
value thereof.
(4)
The Mayor may, during the emergency, require the services
of any borough officer, employee or official to assist him or the emergency
services forces. 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.
(5)
The Mayor will cause to be prepared the plan hereinafter
referred to and will exercise his ordinary powers and any special powers conferred
upon him by ordinances of the borough or by any statute of the State of New
Jersey, to this end.
(6)
The Mayor will require the Borough Council members to
assemble for a special meeting within 24 hours of the proclamation declaring
the emergency in the borough. The Mayor will review for the Council the status
of the emergency and measures taken to restore the public peace. The Mayor
or the Council may request a verbal report from the Emergency Coordinator
and the Chief of Police.
B.
The Coordinator. The Coordinator shall be trained in
planning operations involving emergency management. The Coordinator shall
be responsible to the Mayor and Borough Council in regard to all phases of
emergency management activity. Under the supervision of the Mayor, he shall
plan and coordinate the operation of emergency services activity in the borough.
His duties shall include but shall not be limited to the following:
(1)
The Coordinator shall have the power to issue a written
proclamation that a state of emergency exists.
(2)
Recruitment and training of volunteer personnel and agencies
to augment existing personnel and facilities of the borough.
(3)
Develop an emergency operations center and an operation
plan for its use.
(4)
Keep a file of the resources available within the borough
both public and private.
(5)
Oversee the agreement by which owners, agencies, boards
or organizations of buildings may allow the use for sheltering persons in
an emergency.
(6)
Conduct practice operations to determine if emergency
plans are efficient and adequate.
(7)
Coordinate all public and volunteer private agencies,
boards or organizations in their planning for emergency operations.
(8)
Assuming such authority and responsibilities as the Mayor
and Borough Council may require to promote and develop the plan.
A.
A comprehensive emergency operations plan ("the plan")
shall be adopted and maintained by resolution of the Borough Council. The
plan shall be prepared by the Coordinator and submitted to the Borough Council.
B.
When the plan is approved, it shall be the duty of all
departments and agencies to perform the functions assigned by the plan and
to maintain the portion of the plan in a current state of readiness, at all
times.
C.
The plan shall be considered supplementary to this chapter
and have the effect of law whenever an emergency is declared by proclamation
locally or by the Governor of the State of New Jersey.
A.
This chapter is an exercise by the borough of its governmental
function for the protection of the public, peace, health and safety. During
an emergency, neither the borough nor agents and representatives of this borough,
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 damages
sustained to persons or property as the result of the activity.
B.
Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants the borough the right
to inspect, designate and use the whole or any part or parts of such real
estate or premises for the purpose of sheltering persons during an emergency,
shall not be civilly liable for the death of or injury to any persons on or
about such real estate or premises under such license, privilege or other
permission, or for loss of or damage to the property of such persons.
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 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.