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)