HomeMy WebLinkAboutOrdinance 476ORDINAl?CE NO. 476
TO PROVIDE POR CIVIL DEFENSE AND FOR TT~ PROTECTiON AND PROMOTION OF
~UBLIC SAFETY_, HEAL~ AND ~LFARE IN THE CITY OF COLUMBIA HEIGHTS
DURING CIVIL DEFENSE ~ERGEb?CIESA~ND ~ERGENC!ES CAUSED BY NATURAL
CATASTROPH~S~
TI~E CITY COUNCIL OF T~'~ CITY OF COLU~/~IA HEIGHTS DOES ORDAINS:
Section 1. Policy and Purpose:
Because of the existing and increasing possibility of the occur-
rence of disasters of unprecedented size and destructiveness, and
by reason of any natural disturbance or catastrophe, in order to
insure that the preparations of this City ~!lt be adequate to deal
with such disasters, and generally to provide for the common
lense and to protect the public peace, health, and safety, and to
preserve the lives and property of the people of this City, it is
hereby found and declared to be necessary:
(a) To establish a local civil defense agency:
(b)
To provide for the exercise of necessary powers
during civil defense emergencies:
To provide for the rendering of mutual aid between
this City and other political subdivisions of this
State and of other states with respect to the carrying
out of Civil Defense functions~
To provide for the promotion and protection of the public
health, safety,and welfare in the event of natural
catastrophes or disturbances.
It is further declare~ to be the purpose of this ordinance and 'the
policy of the City that all civil def~nse functions of this City be
coordinated to the maximum extent prachicable with the comparable
functions of the federal government, of this State, and of other
States and localities, and of private agencies of every type, to
the end that the most effective preparations and use may be made of
the nation's manpower, resources, and facilities for dealing with
any disaster tI~at may occur.
Section 2.
~e~i~t~9~s, as used in this ordinance; Te~ms, used herein
shall have the following meaning:
Subdivision 1. "Civil Defense" shall mean the preparation for and
the carrying out of all e~.ergency functions, other than functions for
which military forces are primarily responsible, to prevent, minimize
and repair injury and damage resulting~from disasters, whether caused
by enemy attack, sabotage, or other hostile action, or by any natural
catastrophe or disturbance ~%ese functions shall include, without
limitation, fire-fighting s~rvices, police services, medical and health
services, rescue, engineering and air-raid warning ~ervice~,communications,
rad!ological, chemical and other special weapons of defense, evacuation
of persons from stricken areas, e~ergency ~;elfare services, ~oergency
transportation, existing or properly assigned functions of plant pro-.
tection, temporary restoration of public utility services, and other
functions related to civilian protection, togetl~er ~ith all other act~-
iv!ties necessary or incidental tc preparation for and carrying out
of the foregoing functions.
Subdivision 2. "Civil Defense Emergency" shall mean an emergency
declared by the Governor under the Minnesota Civil Defense Act of 195].,
Laws of 1951, Ch.694, Sec.301, or %.;here declared as hereinafter pro-
vided by the City of Columbia ~Ieights because of any unprecedented or
severe natural catastrophe.
Subdivi~ion 3. Except in a declared emergency, "Civil Defense Forces"
shall mean any personnel employed by the City and assigned by City
department heads for service and for specific activities in preparation
for civil defense and any other volunteer or paid member of the local
civil defense agency engaged in carrying on civil defense functions
in accordance with the provisions of thi~ ordinance or any rule or
order thereunder.
SPction...3. Establishment of Civil Defens~ Agency.
Subdivision 1. There is hereby created within the City Government of
the City of Columbia Heights a civil defense agency, which shall be
under the Supervision and control of a director of civil defense, her~-
inafter called the director. The Mayor, with the approval and consent
of the City Council shall have the power to appoint or remove the
director. Whenever, in the judgment of the City Council it shall
appear the contributions and revenues from other sources is insufficient
to pay the salary and other necessary expenses of the'director, the City
Council may, in such event, fix and determine the salary to be paid to
such director and provide for the payment of all necessary expenses
including payments or salaries necessary for instructors for courses
to train personnel to fulfill Federal, State or Local Civil Defense
rec$/irements. The director shall have direct responsibility for the
organization, administration and operation of the Civil Defense
Agency, subject to the direction and control of the Mayor. The Civil
defense agency shall be organized into such divisions and bureaus, con-
sistent with State and Local Civil Defense plans, as the dire=tot ds~ms
necessary to provide for the efficient performance of local civil defense
functions during a civil defense emergency.
Sub~ivision 2. There is hereby created within the civil defense agency
a civil defense advisory committee, hereinafter called the "committee".
Members of the cc.mmittee shall consist of the heads o2 the City depart-
ments, or their designated representatives~ and other groups concerned!
with civil defense. The Mayor shall be chaixman and the director shall
be secretary of the committee. The committee shall advise the director
and the City Council .on all matters pertaining to civil defense. Each
member shall serve without compensation except heads of City departments
or the designated representatives and shall hold office at the pleasure
..of the Mayor.
Subdivision 3. Establishment of an Emergency Determination Board.
To provide for any local natural catastrophe or disturbance, there
is hereby established a board con~i~ting of the Mayer of the City of
Columbia Heights, the President of City Council, and the City Enginee='~
Whenever, in the judgment of any t~ or more members of such board, any
unprecedented or severe natural catastrophe or disaster shall warrant
it, an emergency may be declared and the provisions Of this ordinance may
be invoked; provided, however, that there shall bo called a regular meet-
ing or special meeting of the City Council within three days after the
declaration of such emergency for the ratification of such emergency
declaration, and if such emergency declaration be disapproved at this
or any subseq~/~nt City Council meeting, it shall terminate fortt%with.
Section 4. Powers and Duties of the Director.
Subdivision 1. The Director, with the consent of the M~yor, shall
represent the City on any regional or state organization for civil
defense. He sha].ldevelop propcsed mutual aid agreements with other
political subdivisions within or outside the State for reciprocal Civil
Defense aid and assistance in a civil defense emergency too great to be
dealt with unassisted, and he shall present such agreements to the Ci~
Council for its approval or disapproval. Such arrangements shall be con-
sistent with the State civil defense plan and during a civil defense
emergency, it shall be the duty of the civil defense agency and civil
defense forces to render assistance in accordance with the provisions
of such mutual aid arrangements. Any mutual aid arrangement with a
political subdivision of another state shall be subject to the approval
of the Governor.
Subdivision 2. The Director shall make such studies and surveys of the
manpower, industries, resources, and facilities of the City as he deems
necessary to determine their adequacy for civil defense and to plan for
their most efficient use in time of a civil defense emergency.
Subdivision 3. The Director shall prepare a comprehensive general plan
for the Civil Defense of the City, and for relief from any natural cat-
astrophe, and shall present such plan to the Council for its approval.
When the Council has approved the plan resolution, it shall be the duty
of all municipal agencies and all civil defense forces of the City to
perform the duties and functions a~signed by the plan as approved. The
plan may be modified in like manner from time to time. The Director
shall coordinate the civil defense ac~ivities of the City to the end
that they shall be consistent and fully integrated with the Civil Defense
plan of the Federal Government and the State and correlated with the
civil defense plans of o~her political subdivisions within the State.
Subdivision 4. In accordance with the State and City civil defense
plan, the Director shallinstitute such training programs and public
information programs and shall take all other preparatory steps, in-~
cluding the partial or full mobilization of civil defense forces in
advance of actual disaster, as may ~e necessary to the prompt and effect-
ive operation of the City Civil Defense plan in time of a civil defense
emergency. He may from time to time, conduct such practice air-raid
alert~ or other civil defense exercises as he may deem necessary.
Subdivision 5. The Director shall utilize the personnel, services,
e=~i~men~'~'~Upplies and facilities of existing department and agencies
of the City to the maximum extent practicable. The officers and personnel
of all such departments and agencies sba!l, to the maximum extent pract-
icable, cooperate with and extend such services and facilities to the
local civil defense agency and to the Governor upon request. The head
of each department and agency, in cooperation with and under the direction
of the director, shall be responsible for the planning an~ programing
of such civil defense activities as will involve the utilization of
the facilities of his department or agency.
Subdivision 6. The Director shall, in cooperation with existing City
aepar~m~n~s~and agencies affected, organize, recruit, and train air-raid
wardens, auxiliary police, auxiliary firemen, emergency medical personnel,
and any other personnel that may be required on a volunteer basis to
carry out the civil defense plans of the City ~nd the State. To the
extent that such emergency personnel is recruited to augment a regular
City Department or Agency for civil defense emergencies, it shall be
assigned to such department or agency for purposes of administration
and command. The Director may dismiss any civil defense volunteer at
any time and require him to surrender any equipment and identification
furnished by the City~
Subdivision 7. Consistent with the Civil Defense plan, the Director
~hall'p~°~id~ and equip emergency hospitals, casualty stations, ambulances,
canteens, evacuation centers, and other facilities, or conveyances for
the care of injured or homeless persons.
Su~divi.~%0n 8. The director shall carryout all order, rules and
regulations issued by the Governor with reference to civil defense.
S~b~ivision 9. The Director shall direct and coordinate the general
operations 0f~all local civil defense forces during a civil defense
emergency in conformitywith controlling regulations and instructions
of State civ~l defense authorities. The heads of departments and
agencies shall be governe~ by his orders in respect thereto.
Sub~ivision 10. Consistent with the civil defense plan, the Director
sha~i~pr6vi~and equip at some suitable place in the City a control
center and, %f required by ~he State Civil Defense Plan, an auxiliary
control center to be used during a civil defense emergency as head-
q~arters for direction and coordination of civil defense forces. He shall
arrange for representation at the control center b~ municipal departments
and agencies, public utilities a~d other agencies authorized by federal
or state authority to carry on a civil defense activities during a civil
defense emergency. He shall arrange ~or the installation at the control
center of necessary facilities for communication with and between heads
of civil defense division, the stations and operating units of municipal
services and other agencies concerned with civil defense and for com-
munication with other c~mmunities and control centers within the sur-
rounding area and with the federal and state agencies concerned.
-4-
.S_u~.~¥~siQ~!l. During the first 30 days of a c_vzi defense emergency~
the direet0~ may, when necessary to save life or property, requike any
person, except members of the Fed~ra]. or State military forces and
officers of the State or a political subdivision, to perform services
for civil defense purposes as he directs, and he may commandeer, for the
time being, any motor vehicle, tools, appliances or any other proper~,
subject to the owner's right to just compensation as provided by law~
General Provisions on Civil Defense Workens.
Subdivision ].. No person shall be employed or assoc!~ted in any' cap-
acity in the civil defense agency who ~dvocates or has advocated
ehan~e by force or violence in the constitutional form of government
of the United States by force or violence, or %.;ho has b~en convicted
of or is under indictment or information charging any subversive act
against the United States. Each person ~ho is appointed to serve ~n
the civil defense agency shall, before entering upon his duties, t~%e
an oath in writing as prescribed by the Minnesota Civil Defense Act
of 1951, Section
~Su~$Vi$~Q.n~:~. Civil Defens~ volunteers shall be called into service
only in case of a civil defense emergency for ~.~ich the regular mun-
icipal forces are inadequate or for necessary training and preparation
for such emergencies, or when deemed necessary by the ~yor to carry
out the provisions of this ordinance relating to r~!ief from natural
catastrophes or disturbances°
Subdivision 3. Each civil defense volunteer shall be provided with
~ch s~abf~ insignia or other identification as may be required by
the Director. Such identification shall be in a form and style
approved by the Federal Government. No volunteer shall exercise any
authority over the persons or property of others without his ident-
ification. No person except an authorized volunteer shall use the
identification of a volunteer or otherwise represent himself to be
an authorized volunteer~
Subdivision 4. No civil defense volunteer shall carry m firearm
~hii~ 0~ 4Ut~ except on written order of the Chief of the Police
Department.
~d~visigB 5. Personnel procedures of the City applicable to regular
employees ~hall not apply to volunteer civil defense wO.z-kerso
~on ~. Emergency Regulations.
Subdivisio~.~. Whenever necessar~ to meet a civil defense emergency
or to prepure for such an emergency for which adequate regulations
have not been adopted by the Governor or the City Council, the
majority of Emergency Board may by proclamation promulgate regulations,
consistent with applicable fedewal or State law or regulations, respect~
ing: protection against air-raids; ~the sounding of air-raid alarms; the
conduct of persons and the use of property during alarms; the repair,
maintenance, and safeguarding of essential public services; emergency
health, fire, and safety regulations; trial drills or practice periods
required £or preliminary training; an4 all other matters which are
rec~lired to protect public safe~y, health, and welfare in civil defense
emer~encies. No requl~%tion governin~ observation of enemy air,raft, air
attack, ala.~ms~ or illumination during air attacks sh~l! be adopted
or take effect %u~less approved by t~e State Director of Civil Defense.
Subdivision 2. Every proclamatioD, of emergency regulations shall be
~-%}~-f~i~-~d signc~ by the 3;ayorj shall be dzted, shall refer to tl~e
particular civil defense emergency to ~/~l:!ch it pertains, if so limited~
and shall be filed in the office of the City Clerk, ~?here a copy shall
be kept posted and available for public inspection during business hours~
~Otice of the existence of such regulation and its availability for
spection at the Cler~.~s office st~.all be conspicuously posted at tt%e front
of the City Hall or ot~er headquarters of the City and at suc~ other places
in the affected area as the Mayor shall designate in the proclamation.
Thereupon the regulation shall take effect immediately or at such t~ter
time as may be specifie¢l in the proclamation. By like procl~a~ati.on the
Mayor may modify or rescind any such regulation.
Subdivision 3. ~q%e City Council may rescind any such regulation by
resolution at any time. If not sooner rescinded, every such regulation
shall expire at the end of 30 dayz after its effective date or at the
end of the civil defense emergency to %~hich it re!ates~ ~%ichever occurs
first. ~y ordinance, rule or re~a!ation inconsistent with an emergency
regulation promulgated by the Mayor sh~ll be suspended during the perio~
of time and to the extent ~xat such conflict exists.
SECTION 7. CAvil Defense Agency Procedure.
Subdivision 1. ~fh~re is hereby established in 'the City Trezsury a
~k~-~n~o be known as 'the civil defense fund. ~n this fund shall
be placed the proceeds of taxes levied for civil defense, money trans~-
ferred from other funds, gifts and other revenues of the civil defense
agency. From it shall be made expenditures for the operation and mainten-~
anee of the civil defense agency and other expenditures for civil defense.
Regular accounting, disbursement~ purchasing, budgeting, and other fin~
ancial procedures of the City shall apply to the civil defense fund ex.-.
cept when an emergency exists.
Subdivision 2. The Director shall, as soon as possible after the end
of each six months period of a calendar year, prepare and present to
the City Council a comprehensive report of the activities of the civil
defense agency during said period~ including a detaile~ statement of
all receipts and disbursements.
SECTION__8. Conformlt~ and Cooperation with Federal and State Authority°
Every officer and agency of the City shall cooperate with federal ~nd
State authorities and with authorized agencies engaged in civil defense
and emergency measures to the fullest possible extent consistent with
the performance of their other duties° The provisions of this ordin-
ance and of all regulations made thereunder shall be subject to all
applicable and controlling provisions of Federal and State laws and
of regulations and orders issued thereunder and sh~ll be deemed to be
suspended and inoperative so far as there is any conflict therewith.
The Mayor may appoint any qualified person holding a position in any
agency created %%nder Federal or State authority for civil defense pur-
poses as a ~peeial policeman of the City, witl~ such police po~ers and
duties within the City incident to t~e functions of his position, not
exceeding those of a regular r-oliceman of the City, as may be prescri]0c~
in the appointment. Every such special policeman shall be subject to the
supervision and control of the Chief of Police and suc!% other police
officers of the City as the C~ief may designate.
Civil Defense a Governmental Function.
All functions hereunder and all other activities relating to Civil
defense are hereby declared to be governmental functions. The City
and, except in cases of wilful misconduct~ its officers, agents,
employees, or representatives enqaged in civil defense activities~
while complying with or attempting to comply with the Minnesota Civil
Defense Act of 1951 or with this ozdinance or any rule, regulation or
order made thereunder, shall not be liable for the dea~ of or injury
to persons, or damage to property as a result of such activity.
provisions of this section shall not affect the right of any officer
or employee of the City of Columbia Meights to receive benefits to ~.~ich
he would otherwise be entitled under this ordinance or under the
men's Compensation Law, or under hny pension law, nor the right of any
such person to receive any benefits or compensation under any Act of
Congress,
SECTION 10. Participation in Labor Dispute or Politics.
The Civil Defense Agency shall not participate in any form of political
activity, nor shall it be employed directly or indirectly for political
purposes, nor shall it be employed in a legitimate labor dispute.
~ECT_!ON llo Penalty.
Any person who violates any provision of this ordinance shall,'upon
conviction, be punished by a fine of not more than. 8100.00 or by
imprisonment for not more than 90 days.
SECTION 12. Repealing Conflicting Ordinances.
This ordinance does hereby repeal any other ordinance or parts of
ordinances in~onsistent herewith, in particular Ordinance No.292
and amendments thereto.
SECTION 13. This ordinance shall take effect and be in force from
and after thirty (30) days after its passage.
First Reading~ November 23, 1959
Second Reading~ December 14, 1959
Offered by: Chles
Seconded by: Orendorff
Roll Call - All Ayes.
WARREN ARMSTRONG
Mayor