[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.
Those conditions which may, by investigation made, be found
actually or likely to:
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;
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
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.
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.
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.
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.
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.
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.
The Township Manager of the Township of Shaler and, in his
absence, the Assistant Township Manager.
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.
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.
B.
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.
C.
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,[1] 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.
[1]
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.
