[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler 10-12-1988 by Ord. No. 1632. Amendments noted where applicable.]
This chapter shall be known as the "Disaster Response Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- A man-made disaster, natural disaster or war-caused disaster, as hereinafter defined.
- DISASTER EMERGENCY
- Those conditions which may, by investigation made, be found actually or likely to:
- A. Affect seriously the safety, health or welfare of a substantial number of citizens of this commonwealth or preclude the operation or use of essential public facilities;
- B. Be of such magnitude or severity as to render essential state supplementation of county and local efforts or to have resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; and
- C. Have been caused by forces beyond the control of man, by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.
- EMERGENCY MANAGEMENT
- The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack or man-made or natural sources.
- EMERGENCY SERVICES
- The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of those functions. The functions include, without limitation, firefighting services; police services; medical and health services; rescue, engineering and disaster-warning services; communications; radiological, chemical and other special weapons defense; shelter, evacuation of persons from stricken areas; emergency welfare services; emergency transportation; emergency resources management; existing or properly assigned functions of plant protection; temporary restoration of public utility services; and other functions related to civilian protection.
- LOCAL EMERGENCY
- The condition declared by the Board of Commissioners of the Township of Shaler or the Township Manager and, in his absence, the Assistant Township Manager when, in their judgment, the threat or actual occurrence of a disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. A local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the Board of Commissioners of the Township of Shaler, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby.
- MAN-MADE DISASTER
- Any industrial, nuclear or transportation accident; explosion; conflagration; power failure; natural resource shortage; or other condition, except enemy action, resulting from man-made causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.
- NATURAL DISASTER
- Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.
- TOWNSHIP MANAGER
- The Township Manager of the Township of Shaler and, in his absence, the Assistant Township Manager.
- WAR-CAUSED DISASTER
- Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire or nuclear, radiological, chemical or biological means or other weapons or overt paramilitary actions or other conditions, such as sabotage.
A local disaster emergency may be declared by the Board of Commissioners of the Township of Shaler upon finding a disaster has occurred or is imminent. The Township Manager of Shaler Township and, in his absence, the Assistant Township Manager is hereby authorized to declare a local disaster emergency subject to ratification by the Board of Commissioners. The declaration shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the Board of Commissioners of Shaler Township.
Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity to the residents of Shaler Township and shall be promptly filed with the Board of Commissioners. A written copy of the disaster declaration shall be promptly posted in the municipal building.
The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and emergency services and to authorize the furnishing of aid and assistance hereunder.
In carrying out the provisions of this chapter, the Board of Commissioners and the Manager of the Township of Shaler shall have the power and authority to enter into emergency contracts and incur obligations necessary to disaster emergency management, as well as emergency services, response and recovery.
The Township of Shaler and the Township Manager are hereby authorized to exercise the powers vested in them under the Emergency Management Services Code, without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditures of public funds.
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
In order to meet prescribed requirements for eligibility to receive federal contributions authorized under the provisions of the Federal Civil Defense Act of 1950 (64 Stat. 1245, 50 U.S.C. § 2251 et seq.), or any amendment or reenactment thereof, the Township of Shaler and the Township Manager are authorized to avail themselves of those services authorized by the State Civil Service Commission under the provisions of the Act of August 5, 1941 (P.L. 752, No. 286), known as the "Civil Service Act" (71 P.S. § 741.1 et seq.), in connection with the employment of personnel and local organizations established pursuant to the Emergency Management Services Code.
The Township Manager is hereby authorized to act as the designated agent of the Board of Commissioners in any request for county, state and federal assistance for disaster mitigation, response and recovery and is authorized to sign, on behalf of the Township, any and all documents necessary to secure aid and abate the threat to the public's health, safety and welfare. In the event the signature of the President of the Board of Commissioners is also required, he is similarly authorized.
Where a provision of this chapter is found to be in conflict with the provisions of any other chapter of the Township existing on the effective date of this chapter, the provision which establishes the greater protection during a disaster for the health, safety and welfare of the residents of the Township of Shaler shall prevail.