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HomeMy WebLinkAboutOrdinance 990ORDINANCE NO. 990 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIVIL DEFENSE The City Council of the City of Columbia Heights does ordain: Section 1: Section 3.209 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: Section 9 CIVIL DEFENSE 3.209(1) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destruc- tiveness, and by reason of any natural disturbance or catastrophe, in order to insure that the preparations of this City will be adequate to deal with such disasters, and generally to provide for the common defense 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; (c) 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; (d) 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 declared to be the purpose of this Ordinance and the policy of the City that all civil defense functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this state, and of other states and localities, and of pri- vate agencies of every type, to the end that the most effec- tive preparations and use may be made of the nation's man- power, resources, and facilities for dealing with any disaster that may occur. 3.209 (2) Definitions and Terms, as used in this Ordinance, shall have the following meaning: -1- 3.209(3) (a) "Civil defense' shall mean the preparation for and the carrying out of all emergency 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. These functions shall include, without limitation, fire-fighting serv- ices, police services, medical and health services, rescue, engineering and air-raid warning services, com- munications, radiological, chemical, and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services, emergency transpor- tation, existing or properly assigned functions of plant protection, temporary restoration of public utility serv- ices, and other functions related to civilian protec- tion, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. (b) "Civil defense emergency' shall mean an emergency declared by the governor under the Minnesota Civil Defense Act of 1951, Laws of 1951, Ch. 694, Sec. 301, or where declared as hereinafter provided by the City of Columbia Heights because of any unprecedented or severe natural catastrophe. (c) 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 this Ordinance or any rule or order thereunder. The creation and organization of the civil defense agency shall be as follows: (a) 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, hereinafter called the direc- tor. 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 that the contribution~ and r~v~- hues 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 -2- 3.209(4) 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 requirements. 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, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of local civil defense func- tions during a civil defense emergency. There is hereby created within the civil defense agency a civil defense advisory committee, hereinafter called the committee. Members of the committee shall consist of the heads of the City departments, or their designated representatives, and other groups concerned with civil defense. The mayor shall be chairman, and the director shall he 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. (c) Establishment of an emergency determination board. To provide for any local natural catastrophe or disturb- ance, there is hereby established a board consisting of the mayor of the City of Columbia Heights, the president of the city council, and the director of public works. Whenever, in the judgment of any two or more members of such board, any unprecedented or severe natural catas- trophe or disaster shall warrant it, an emergency may be declared and the provisions of this Ordinance may be invoked; provided, however, that there shall be called a regular meeting or special meeting of the city council within three days after the declaration of such emer- gency for the ratification of such emergency declara- tion, and if such emergency declaration be disapproved at this or any subsequent city council meeting, it shall terminate forthwith. The powers and duties of the director shall he as follows: (a) The director, with the consent of the mayor, shall rep- resent the City on any regional or state organization for civil defense. He shall develop proposed 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 -3- dealt with unassisted, and he shall present such agree- ments to the city council for its approval or disapprov- al. Such arrangements shall be consistent 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 ar- rangements. Any mutual aid arrangement with a political su%diviston of another state shall be subject to the approval of the governor~ (b) 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. (c) The director shall prepare a comprehensive general plan for the civil defense of the City, and for relief from any natural catastrophe, 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 assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of the federal govermment and the state and correlated with the civil defense plans of other political subdivisions within the state. (d) In accordance with the state and city civil defense plan, the director shall institute such training pro- grams and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective 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 alerts or other civil defense exercises as he may deem necessary. (e) The director shall utilize the personnel, services, equipment, supplies, and facilities of existing depart- ment and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, 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 -4- if) (h) (J) agency, in cooperation with and under the direction of the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his depart- ment or agency. The director shall, in cooperation with existing City departments and agencies affected, organize, recruit, and train air-raid wardens, auxiliary police, auxiliary firemen, emergency medical personnel, and any other per- sonnel that may be required on a volunteer basis to carry out the civil defense plans of the City and 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. Consistent with the civil defense plan, the director shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities or conveyances for the care of injured or homeless persons. The director shall carry out all orders, rules, and regu- lations issued by the governor with reference to civil defense. The director shall direct and coordinate the general operations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of state civil defense authorities. The heads of departments and agencies shall he governed by his orders in respect thereto. Consistent with the civil defense plan, the director shall provide and equip at some suitable place in the City a control center, and if required by the state civil defense plan, an auxiliary control center to be used during a civil defense emergency as headquarters for direction and coordination of civil defense forces. He shall arrange for representation at the control center by municipal departments and agencies, public utilities, and other agencies authorized by federal or state authority to carry on civil defen~a activities during a civil defense emergency. He shall arrange for the installation at the control center of necessary facilities for communication with and between heads of civil defense division, the stations and operating units -5- 3.209(S) of municipal services and other agencies concerned with civil defense and for communication with other com- munities and control centers within the surrounding area and with the federal and state agencies concerned. (k) During the first 30 days of a civil defense emergency, the director may, when necessary to save life or proper- ty, require any person, except members of the federal 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, applian- ces, or any other property, subject to the owner's right to just compensation as provided by law. Civil defense workers shall be subject to the following: (a) No person shall be employed or associated in any capa- city in the civil defense agency who advocates or has advocated a change by force or violence in the constitu- tional form of government of the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the civil defense agency shall, before entering upon his duties, take an oath in writing as prescribed by the Minnesota Civil Defense Act of 1951, Section 40e. (b) Civil defense volunteers shall be called into service only in case of a civil defense emergency for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies, or when deemed necessary by the mayor to carry out the provi- sions of this Ordinance relating to relief from natural catastrophes or disturbances. (c) Each civil defense volunteer shall be provided with such suitable 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 per- sons or property of others without his identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself to be an authorized volunteer. (d) No civil defense volunteer shall carry a firearm while on duty except on written order of the chief of the police department. -6- (e) Personnel procedures of the City applicable to regular employees shall not apply to volunteer civil defense workers. Emergency regulations may be enacted as follows: (a) Whenever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the governor or the city council, the majority of the emergency board may by proclamation promulgate regulations, consistent with applicable federal 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 utilities; emergency health, fire, and safety regulations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in civil defense emergen- cies. No regulation governing observation of enemy aircraft, air attack, alarms, or illumination during air attacks shall be adopted or take effect unless approved by the state director of civil defense. (b) Every proclamation of emergency regulations shall be in writing and signed by the mayor, shall be dated, shall refer to the particular civil defense emergency to which it pertains, if so limited, and shall be filed in the office of the city clerk, where a copy shall be kept posted and available for public inspection during busi- ness hours. Notice of the existence of such regulation and its availability for inspection at the clerk's office shall be conspicuously posted at the front of the city hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon, the regula- tion shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the mayor may modify or rescind any such regulation. (c) The 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 days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first. Any ordinance, rule, or regulation inconsistent with an emergency regulation promulgated by the mayor shall be suspended during the period of time and to the extent that such conflict exists. -7- 3.209(7) 3.209(8) 3.209(9) 3.209(10) There is hereby established in the city treasury a special fund to be known as the civil defense fund. In this fund shall be placed the proceeds of taxes levied for civil defense, money transferred from other funds, gifts, and other revenues of the civil defense agency. From it shall be made expenditures for the operation and maintenance of the civil defense agency and other expenditures for civil defense. Regular accounting, disbursement, purchasing, budgeting, and other financial procedures of the City shall apply to the civil defense fund except when an emergency exists. The director shall, as soon as possible after the end of each six-month 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 detailed statement of all receipts and disbursements. Every officer and agency of the City shall cooperate with federal and 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 provision~ of this Ordinance 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 shall 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 under federal or state authority for civil defense 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 may be prescribed in the appointment. Every such special 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. Ail functions hereunder and all other activities relating to civil defense are hereby declared to be governmental func- tions. The City and, except in cases of willful misconduct, its officers, agents, employees, or representatives engaged in civil defense activities, while complying with or at- tempting to comply with the Minnesota Civil Defense Act of 1951 or with this Ordinance or any rule, regulation or order made thereupon, shall not be liable for the death of or injury to persons, or damage to property a~ a r~ult of gueh activity. The provisions of this section shall not affect the right of any officer or employee of the City of Columbia Heights to receive benefits to which he would otherwise be entitled under this Ordinance or under the Workmen's Compen- -8- sation Law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 3.209(11) The civil defense agency shall not participate in any rom of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. Section This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: March 8, 1982 March 22, 1982 March 22, 1982 Offered by: Seconded by: Roll call: Norberg Hovland All ayes Bruce G. Nawrocki, Mayor Jo-An%ne Stddent, ~"6~retary to the Council -9-