Borough of Alpine, NJ Chapter 19 Emergency Management

[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.

§ 19-1 Intent and purpose.

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.

§ 19-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DECLARATION OF A STATE OR LOCAL EMERGENCY

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.

EMERGENCY

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.

EMERGENCY MANAGEMENT COORDINATOR

The person appointed by the Mayor to coordinate the emergency services of the borough.

EMERGENCY MANAGEMENT FORCES

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.

EMERGENCY MANAGEMENT UNIT

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.

LOCAL 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.

MAYOR

The Mayor or Acting Mayor of the borough.

REGULATIONS

Plans, programs and other emergency procedures promulgated in accordance with this chapter.

VOLUNTEERS

Any person duly appointed by the Borough Council or Emergency Management Coordinator and assigned to participate in emergency management activities, serving without remuneration.

§ 19-3 Organization and appointments.

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.

§ 19-4 Emergency powers and duties.

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.

§ 19-5 Emergency operations 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.

§ 19-6 No municipal or private liability.

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.

§ 19-7 Effect on conflicting and complementary provisions.

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.