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HomeMy WebLinkAboutOrdinance 188 0RDIE~NCE N0. 188 AN 0RDIN~?CE PROVIDI~G FOR CIVILI~IT DEFENSE AND FOR PROTECTION ~D PR0~,!OTION OF PUBLIC S~ETY, t-~ALTH, ~ND WELFAP~ IN THE CITY OF COLD~BIA ~IEIGHTS DURING W~ F~,I~RGENCIES. '~HEREAS, a state of war exists between the United States of ~ueric~ and certain other nations requiring the adoption of adeouate measures in every community to provide for civilian defense and for the protection and promotion of public safety, health, &nd welfare during war emergencies, THE CITY COUNCDL OF COLLR~BIA HEIGHTS DO ORDAIN: Section 1.. War F~.ergency Defined. A war emergency for the ouroose of this ordinance shall be deemed to exist whenever the city or any Dart there-of is threatened by or involved in an enen~ air raid or other attack, or a blackout, conflagration, sabotage, or other cont~n6~ncy or condition incident to or resulting from the pre'sent war and endangering public safety, health, or welfare in the city. Section 2. War Emergency Services. The head of each city department which be directly affected by any war emergency or concerned with civilian defense or with the protection or promotion of public safety, health, or welfare during any such emergenCym shall act as chief of emergency service of his department. In that capacity he shall have charge of providing for such service as may be reeuired of his department in any war emergency, and may call for and acce~t volunteers for the purooses of such service, and dismiss any volunteer at any time and reeuire him to surrender his eeuipment and insignia or identification furnished by the city. Every volunteer for any such emergency service shall tske the same oath, if any, as is required of the members of the regular city forces performing corresoonding service. Subject to the other orovisions hereof, every such volunteer shall be under the direction and subject to the orders of the chief of the service to which he belongs, and shall oerform such duties as the chief reeuire within the scope of the functions of such service. The several chiefs of the emergency services m~y make and enforce all necessary and proper rules or orders, con- forming with the provisions hereof, to regulate the operation of their respective ser- vices, to define the duties of the regtular or vol~unteer members thereof, and to secure training for the members of their services. Volunteers shall be called into active ser- vice only in case of a war emergency for which the regular municipal forces are inadequate, or for necessary training and preparation for such emergencies. All volun- teers shall serve without compensation. No volunteer in any such service shall carry any firearm while on duty except on w~itten order of the chief of police. Section 3. Identification. Each volunteer for any emergency service under this ordinance shall be provided with suitable insignia or other identification as may be specified by his chief. No volunteer shall exercise any authority over the persons or property of others without his insignia or identification. No 'oerson except an Suthor- ized volunteer shall use the insignia or identification of such volunteer or otherwise represent himself to be an authorized volunteer. Section4.Emer~ency Regulations. Whenever necessary to meet any actual or imminent war emergency for which adequate regulations have not been adopted by the city council, the mayor may by proclamation promulgate regulations respecting: protection · against air raids; the sounding of air raid alarms; the conduct of persons and the use of property during alarm periods; the repair, maintenance, and safeguarding of essential public services; emergency heslth, fire, and safety regulations; trial drills or orac- tice periods required for preliminary training; and all other matters which are required to protect oublic safety, health, and welfare in war emergencies. In fr~ning regulations the mayor shall consider suggestions and oroposals made by the federal and state agencies concerned._ No regulation governing observation of enemy aircraft, air attack alarms, or illumination during air attacks or other war emergencies shall be adopted or tahoe effect unless approved by the proper federal or state authority. Every proclamation of emergency regulations shall be in writing, shall be dated, shall refer to the 0articular war emergency to which it pertains, and shall be filed in the office of the city clerk, where a copy shall be kept posted and available for public inspection during business hours. A copy of every such proclamation shall also be conspicuously posted at the front of the city hall or other headquarters of the nniuicipal government and at such other places in the affected area as the mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as ma~' be specified in the procl~nation. By like proclamation the mayor may modify or rescind any regulation. The city council may rescind any such rega~lation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty days after its date except so far as its orovision may be embraced in ordinance regulations adopted by the city council. Section 6. Control Center. There shall be established at some suitable place in the city a control center to be used during war emergencies as headeuarters for direction and coordination of the emergency services herein provided for, with facilities for cormmn~ication with and between the several chiefs of emergency services, the stations and operating units of such services, and with American Red Cross and other agencies con- cerned with civilian defense and relief in the city during war emergencies and for com- munication with other control centers within the surrounding area and with the federal and state agencies concerned. The center shall be in charge of a director of war eme~'gency services, who shall be aopointed by the mayor and may be removed by him at any time. The director shall receive such compensation as the council may allow. Subject to the approval of the city council by resolution, tke director shall secure and equip a place for the control center and a place for an auxiliary control center for use in case the regular center is disabled. The director shall select and train necessary personnel for the operation of the control center. If the city is included in any plan for a superior or joint control center established under federal or state authority or by ~greement with any other municipality or other governmental agency, the local control center and all other agencies of ~he city shall cooperate with and submit to the direction of the authority in charge of such superior or joint control center in all ~,tters consistent with the performance of their duties hereunder. The mayor, director of the local control center, chiefs of emergency 'services, and other ofi'icers and agencies of the city may be authorized by resolution of the city com~cil to participate in the establishment and ooeration of such superior or joint control center smd to attend or be represented thereat, if required by the authority in charge thereof, and to susoend or dispense with the operation of a local control center if the functions thereof can be effectively performed through such superior or joint con- trol center. Section 6. Emerge~.cy ~ervice Stations and E~uipment. The several chiefs of the emergency services shall establish stations therefor where needed in the city &nd shall provide at such stations and at the control centers such personnel and eeuioment as m~ be necessary. Section 7. Conformity. and Cooperation with Federal ~d State Authority. Every officer and agency of the city shall cooperate with federal and state authorities and with the American Red Cross and other authorized agencies in the a~ninistration of civilian defense and war emergency measures to the fullest possible extent consistent with the performance 'of their other duties. The provisions of this ordinance and of all regulations made thereunder shall be subject to all applicable and controlling pro- visions of federal and state laws and of regulations and orders issued thereunder from time to time, and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The mayor nm.y appoint any person holding a position in any agency created under federal or state/authority for civilian defense or war purposes as a special policeman of the city, with such police powers and duties within the city incident to the functions of his position, not exceeding those of a regular policeman of the city, as ma~ be prescribed in the appointment, provided such person is otherwise oualified to exercise such powers and perform such duties. Every such policeman shall be subject to the supervision and control of the chief of police and such other police officers of the city as the chief may designate. Section 8. PenaltZ. Any person who violates any provision of this ordinance or of any regulation adopted thereunder relating to acts, omissions, or conduct other than official acts of city officers or employees shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than One Hundred (~100.00) Dollars or by impriso~nent for not more than ninety (90) days. Section 9. Effective Time. This ordinance shall take effect upon its passage. This ordinance and every regulation adopted thereunder shall exoire on the termination of a state of war unless sooner repealed or rescinded. Passed by the council this 8th day of September, 19~2. Bentzen Offered by: Seconded by: Roll Call: Mygaard All Nay s: hTo ne Secretary to the Council Louis W. Bassett Mayor