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HomeMy WebLinkAboutCity Council Ordinance 1962-15Village of Plymouth ORDINANCE NO. 62-15 An Ordinance Providing for Civil Defense and for the Protection and Promotion of Safety, Health and Welfare in the Village of Plymouth During Emergencies The Village Council of the Vil- lage of Plymouth Do Hereby Or- dain As Follows: Section 1. Purposes 1.01 Because of the existing and increasing possibility of toe occurrence of disasters of unpre- cedented size and destruction, and by reason of any natural disturb- ance or catastrophe, in order to insure that the preparations of this Village will be adequate to deal with such disasters, and gen- erally 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 Village 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 render- ing of mutual aid between this Village and other poli- tical subdivisions of this state and of other states with respect to the carrying out of civil defense func- tions; (d) To provide for the promo- tion and protection of the public health, safety and welfare in the event of na- tural catastrophes or dis- turbances. 1.02 It is further declared to be the purpose of this ordinance and the policy of the Village that all civil defense functions of this Village be coordinated to the maximum extent practicable with the comparable functions of the federal government, of other states and localities, and of private agencies of every type, to the end that the most effective prepara- tions and use may be made of the r.-itio n's iiianpuw er, resources, and facilities for dealing with any dis- aster that may occur. Section 2. Definitions 2.01 "Civil Defense" shall niean the preparation for and the carry- ing out of all emergency func- tions, other than functions for which military forces are primar- ily responsible, to prevent, mini- mize and repair injury and dam- age 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 services, police service, medical and health services, res- cue, engineering and air raid warning services, communications, radiological, chemical and other special weapons of defense, evac- uation of persons from stricken areas, emergency welfare services, emergency transportation, exist- ing or properly assigned functions of plant protection, temporary re- storation of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. 2.02 "Civil defense emergency" shall mean an emergency declared by the Governor under the Min- nesota Civil Defense Act of 1951, Laws of 1951, Ch. 694, Sec. 301, or where declared as hereinafter provided by the Village of Plym- outh because of any unprecedent- ed or severe natural catastrophe. 2.03 Except in a declared emer- gency "civil defense forces" shall mean any personnel employed by the Village and assigned by the Village Council for service and for specific activities in prepara- tion for civil defense and any other v ilunteer or paid members of the local civil defense agency engaged in carrying on civil de- fense functions in accordance with the provisions of this ordinance or any rule or order thereunder, Section 3. Creation of Civil De - fen" Agency 3.01 There is hereby created a civil defense agency, which shall be under the supervision and con- trol of a director of civil defense, hereinafter called the director. The Mayor shall have the power to appoint or remove the director. 3.02 Whenever in the judgment of the Village Council it shall ap- pear the contributions and reve- nues from other sources are in- sufficient to pay the necessary expenses including salary, if any, of the director, the Village Coun- cil may, in such event, fix and determine any salary to be paid to such director and provide for the pay'inent of all necessary ex- penses. The director shall have direct responsibility for the organ- ization, administration and opera- tion of the Civil Defense agency, subject to the direction and con- trol of the Mayor. 9.03 The Civil Defense agency shall be organized consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient per- formance of local civil defense functions during a civil defense emergency. 3.04 To provide for any local natural catastrophe or disturb- ance, there is hereby established a Board consisting of the Mayor of the Village of Plymouth, the Village Clerk and one Trustee to be selected by a majority vote of the Village Council. Whenever, in the judgment of a majority of the said Board, or in the event a ma- jority of said Board is not present within the Village, in the judg- ment of the Mayor, Mayor Pro tem, or Senior Trustee, any un- precedented or severe natural catastrophe or disaster shall war- rant it, an emergency may be declared and the provisions of this ordinance may be invoked; pro- vided however, that there shall be called a regular meeting or special meeting of the Village Council within three days after the declar- ation of such emergency for the ratification of such emergency declaration, and if such emergen- cy declaration be disapproved at this or any subsequent Village Council meeting, or if the emer- Pricy meeting is not called within the three day period, it shall ter - minute forthwith. Section 4. Dom of The Director 4.01 The director, with the con- sent of the Mayor, shall represent the Village on any regional or state organization for civil de- fense. 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 dealt with unassisted, and he shall present such agree- ments to the Village Council for its approval or disapproval, and such agreements shall have no force and effect until approved by the Village Council. 4,102 The director shall make such studies and surveys of the manpower, industries, resources, and facilities of the Village as he deems necessary to determine their adequacy for civil defense and to plan for their most effic- ient use in time of a civil defense emergency. 4,03 The director shall prepare a comprehensive general plan for the civil defense of the Village, 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 by resolution, it shall be the duty of all Village employees and all civil defense forces of the Village to perform the duties and functions assigned by the plar as approved. The plan may be modified in like man- ner from time to time. The direc- tor shall coordinate the civil de- fense activities of the Village to the end that they shall be con- sistent and fully integrated with the civil defense plan of the fed- eral government and the state and correlated with the civil defense plans of other political subdivi- sions within the state. 4.04 In accordance with the state and Village civil defense Plan. the director shall institute such training programs and pub- lic information programs and shall take all other preparatory steps, including the partial or full mo- bilization of civil defense forces m advance of actual disaster, as may be necessary to the prompt and effective operation of the Vil- lage 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. 4.05 The director shall utilize the personnel, services, equipment, supplies and facilities of the Vil- lage government to the maximum extent practicable. The officers and personnel of the Village shall, to the maximum extent practic- able, cooperate with and extend such services and facilities to the local civil defense agency and to the Governor upon request. 4.06 The director shall, in co- operation with existing officials and employees affected, organize, recruit, and train air-raid war- dens. auxiliary police, auxiliary firemen, emergency medical per- sonnel, and any other personnel that may be required on a volun- teer basis to carry out the civil defense plans of the Village and the State. To the extent that such emergency personnel is recruited to augment a regular Village function for civil defense emer- gencies, it shall be assigned to the Village official responsible for such function for purposes of ad- ministration and command. The director with the consent of the Mayor may dismiss any civil de- fense volunteer at any time and require him to surrender any equipment and identification fur- nished by the Village. 4.07 Consistent with the civil defense plan, the directors may provide a3 A i equip emergency, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons, consistent with the re- sources of the Village, and funds properly allocated with the ap- proval of the Village Council. 4.08 The director shall carry out all orders, rules and regula- tions issued by the governor with reference to civil defense. 4.09 The director shall direct and coordinate the general oper- ations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and in- structions of state civil defense authorities. Section 5. Civil Defense Volun• fears 5.01 No person shall be em- ployed or associated in any capac- ity in the civil defense agency who advocates or has advocated a change by force or violence in the constitutional form of government in the United States or in this state or the overthrow of any gov- ernment in the United States by force or violence, or who has been convicted of or is under indict- ment or information charging any subversive act against the United States. Each person who is ap- pointed to serve in the civil de- fense agency shall, before enter- ing upon his duties, take an oath in writing as prescribed by the Mirineaota Civil Defense AM of 1951, Section 408. 5,02 Civil defense volunteers shall be called into service only in case of a civil defense emer- gency for which the regular Vil- lage force are inadequate or for necessary training and prepara- tion for such emergencies, or when deemed necessary by the Mayor to carry out the provisions of this ordinance relating to relief from natural catastrophies or disturb- ances. 5.03 Each civil defense volun- teer shall be provided with such suitable insignia or other identi- G cation as may be required by the director. Such identification shall be in a form and style ap- proved by the federal govern- ment. No volunteer shall exer- cise any authority over the per- sons or property of others without his identification. No person ex- cept an authorized volunteer shall use the identification of a volun- teer or otherwise represent him- self to be an authorized volunteer. 5.04 No civil defense volunteer shall carry any firearm while on duty except on written order of the Chief of Police. Section 6. Cooperation with Federal and Stat* Authorities 6.01 Every officer and agency of the Village shall cooperate with federal and state authorities , 3 with authorized agencies engag,d in civil defense and emergency measures to the fullest possible extent consistent with the per- formance of their other duties. 6.02 The provisions of this or- dinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and. or- ders issued thereunder and shall be deemed to be suspended and inoperative so far as there Is any conflict therewith. 6.03 The Village Council may appoint any qualified person hold- ing a position in any agency creat- ed under federal or state author- ity for civil defense purposes as a special policeman of the Village with such police powers and du- ties within the Village incident to the functions of his position, not ei ceedfng those r4 a regular po- liceman of the Village, 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 Village as the Chief may desig- nate.. Section 7. Governmental Furca. tions 7.01 All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The Village and, except in cases of willful misconduct, its officers, agents, employees, or representa- tives engaged in civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 or with this ordinance or any rule, regulation or order made thereunder, shall not be liable for the death of or injury to persons; or damage to property as a result of such activity. 7.02 The provisions of this sec- tion shall not affect the right of any officer or employee of the Village of Plymouth to receive benefits to which he would other- wise be entitled under this ordi- niume or under the Workmen's Compensation Lase, or under any pension law. Section g. Poria[ ActivWes 8.01 The civil: defense agency shall not participate in any form of political activity, nor shall it be employed directly or indirect- ly for political purposes, nor shall it be employed in a legitimate labor dispute. Section 9. Wolatlons 9.01 Any person who violates any provision of this ordinance shall, upon conviction, be pun- ished by a fine of not more than $100.00 or by imprisonment for not more than 90 days, together with the cost of prosecution in either case. Section 10. Ebecttve Date 10.01 This ordinance shall tette effect and be in fcrce from and after its passage and publication. Adopted by the Council the 2nd day of October, 1962. Thos. J. Keefe, Mayor Attest: H. T. Johnson, Village Clerk. (10/11,'62)