Loading...
HomeMy WebLinkAbout0046 . Y , + ORDtNANCE N0. .VILLAGE OF LAKEVILLE AN ORDINANCE ESTABLISHING A VILLAGE CIVIL DEFENSE DEPARTMENT The Village Council of the Village of Lakeville ordains as follows: SECTION 1. Poiicy and Purpose. Becauseof the existing and increasing possibility of the occurance of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from disaster,. and in order to insure that preparations of this village 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 village, it is hereby found. and. declared to be necessary.: {a) To establish a local civil defense department. (b) To provide for 'the exercise of necessary powers during civil defense emergencies and in time of disaster. (c) To provide for the rendering of mutual aid between this village and other po litical subdivisions of this state and of other states with respect to the carrying out of civil defense functions. SECTION 2. It is further declared to be the purpose of this chapter and the policy of the village that all divil defense functions of this village be coordinated to the maximum extend practicable with the comparable functions of the Federal Government, of this state, of this county, 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 facivities for dealing with any disaster that may occur. SECTION 3. Definitions. (a} "Civil Defense" means 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 rephir injury and damage res~~lting from destruction caused by enemy. attack, sabotage, or;other hostile actions, or from disaster. These functions include, without limitation, fire° fighting services, police services, medical and health services, rescue, engineering, air-raid warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency transportation,. existing or properly as,igned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, togetherwith all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. -l- (b) "Civil defense emergency" means an emergency declared by the governor under the Minnesota Civil Defense Act of 1951, Laws 1951, Ch. 694,. Sec. 301, as amended. (e) "Civil defense forces" means .any personnel employed by the village .and any other volunteer or paid member of the local civil defense department engaged in carrying on civil defense functions in accordance with .the provisions of this ordinance or any rule or order thereunder. (d) "Disaster" means any flood, landslide, drought, fire, hurricane, tornado, explosion, plane crash, earthquake, storm, physical catastrophe, damage or destruction as a result of cataclysm of nature, or aftermath of a disturbance, which is or threatens to be of sufficient severity and magnitude to require efforts in aleviating the damage, hardship or suffering, or the potential of any of these, that is greater than that which a community, with its .regular personnel or resources, is capable of managing. 5ECTION 4. Agency Established. There is hereby created within the village government a civil defense department, which shall be under the supervision .and control of a director of civil defense, hereinafter called the director. 5ECT1-0N 5. Department Organization. The Department of Civil Defense shall be organized and staffed in accordance with the Charter of-the Village of Lakeville and all personnel sfiall be appointed by the .mayor with: approval of the village council. In a time of divil defense emergency, the Mayor, in accordance with the provisions of Minnesota Civil Defense .Act of 1951, as amended, may assume supervision of the Village Civil Defense forces through the Village Council and the Civil Defense Director. SECTION 6. Powers and duties of the Director.. The Director shall represent the village 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 or disaster, too great to be dealt with unassisted, and he shall present such agreements to the council for its. action. Such arrangements shall be consistent with the-state civil defense plan and during a civil defense emergency or disaster, it shall be the duty of the divil defense department and civil 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.. SECTION 7. .Studies and Surveys. The director shall make such studies and surveys - of the manpower, industries, resources, and facilities of the vill age 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 or disaster.. -2- . - - _~.w SECTION 8. 6~neral Plan. The director shall prepare a comprehensive general plan for the village, civil defense and shall present such plan to the council for its approval. Whsn the council has approved this plan by resolution,,'it shall be the. duty of all municipal agencies and all civil defense forces of the village 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 village to the errd 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 .other political subdivisions within the state. SECTION 9. Training and Information. In accordance with the state and village civil defense plan, the director shall institute such training programs 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 village civil defense pion in time of a civil defense emergency or disaster. He may,. from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary: SECTION 10. Cooperation. The director shall utilize the personnel, services, equip- ment, supplies and facilities of existing departments and agencies of the village to the naximum.extent practicable. The officers and personnel of all such departments and agencies shalt, 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 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 department or agency.. SECTION ll. Emergency, Personnel. The director shall, in cooperation with existing village departments 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 village and the .state . To the extent. that .such emergency personnel are recruited to augment a regular village department or agency for civil defense emergencies or disasters, they shall be assigned to such department or agency for the purposes of adminstration and command. The director may dismiss any civil defense volunteer at any time and require him to surrender any equipment anal identification furnished by the village. SECTION 12. Emergency Facilities. Consistent with .the civil defense plan, the director shall provide and equip emergency hospitals, casualty station , ambulances, canteens, evacuation centers, and other facilities, or .conveyances for the care of the injured or homeless persons.. SECT-ION 13. Directions of Governor. The director shall carry out al 1_ orders, rules, .and regulations issued by the governor with reference to civil defense. _3_ SECTION 14. General Operations. The director shall direct and coordinate the general operations of all local civil defense forces during a civil defense emergency or periods of disaster in conformity with controlling regulations and instructions of state civil defense authorities. The heads of departments and agencies shall. be governed by his orders in respect thereto. . SECTION 15. Control Center. Consistent with the civil defense plan, the director shall provide and equip at some'suitable place in the `village a control center, and if required by the state civil defense plan, an auxilnary control center to be used during a civil defense emergency or disaster, as headquarters to 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 defense activities during a civil defense emergency or a disaster. He shall arrange for the installation at the control center of necessary facilities for communications with and between heads of civil defense divisions, the stations and operating units of municipal services and other agencies concerned with civil defense and for communications with other communities and control centers within the surrounding area. and with. the federal and state agencies concerned.. SECTION 16. Powers of Director. During the first 30 days of a civil defense emergency, if the legislature is in session or the Governor has .coupled his declaration of the emergency with a call for a. special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other political subdivision, to perform services for civil defense pur-poses as he directs, and he may commandeer., for the time being, any motor. vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. SECTION 17, Qualification of Workers. No person shall be employed. or associated in any capacity in the civil defense department who advocates: or has advocated a change by force or violence in the constitutional form of government of the United States, or in this state or the overthrow of any government in the United States by force or violence, or.who has been convicted of, or is .under indictment for .information charging any subversive act against the United States. Each person who is appointed to serve in the ,civil defense department shall, before entering his duties, take an oath in writing as prescribed by the Minnesota Civil Defense Act of 1951, Section 403. SECTION 18. Volunteers. Civil defense volunteers shall be called into service only. in cases of a civil defense emergency or disaster, for which the regular municipal forces are inadequate or for necessary training-.and preparation for such emergencies. A11 volunteers shall"serve without compensation. 4_ SECTION 19. Identification. Each civil defense volunteer shalt be provided with such suitable insignia or other identification as may be required. by the director. Such identification shaT1 be in a form and style approved by the federal government. No volunteer shall exercise any authority over the person 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. SECTION 20. Firearms. No civil defense volunteer shall carry any firearm while on duty except of written order of the Chief of the Police bepartment. SECTION 21. Personnel Procedures. Personnel procedures of the village applicable to regular employees shall not apply to volunteer civil defense workers but shall apply to paid employees of the village defense .department. SECTION 22. Emergency Regulations. Whenever necessary to meet a civil defense emergency or natural disaster or to prepare for such an emergency for which adequate regulations have not been adopted by ,the governor or the village council, the Mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation, respecting; protection against air raids; the sounding or air-raid alarms; the conduct of persons and 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 for preliminary training; and all other matters which are required to protect public safety, health, and. welfare in civil defense emergencies. 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. SECTION 23. Proclamation of Regulations. 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 or disaster to which it .pertains, if so limited, and shall be filed in the office of the • village clerk, where a copy shall be kept posted and available for pub lic inspection during business hours. Notice of the existence.of such regulation and its availability for inspection at the clerk's office • shall be conspicuously posted at the Municipal Building or other head- quarters of the city 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 may be specified in the proclamation. By like proclamation the Mayor may modify or rescind any such regulations. SECTION 24. Expiration of Regulations. The village 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 or disaster 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 confli~ exists. -5- SECTION 25. Civil Defense Fund. There is hereby established in the village treasury special fund to be known as the civil defense fund. Into 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 department. From it shall be .made expenditures. for the operation and maintenance of thecivil defense department and -other expenditures for civil defense. Regular accounting, disburse- ment, purchasing, budgeting and other financial procedures shall not. apply to the expenditures from the fund in any case when their application will prevent compliance with terns and cond"rtions of a federal or stategrant of money or property for civil defense purposes. SECTION 26. Report of. Activities. The director shall,. as soon as possible after the end of each fiscal year, prepare and present to the. city council for the information of the council and the public, a comprehensive report of the activities of the civil .defense department during the year. SECTION 27. Conformity and cooperation with Federal and State Authority. Every.' officer and agency of the village 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 provisions of this chapter. 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 under federal or state authority for civil defense purposes as a special policeman of the village with such police powers and duties. within the village incident to the functions of his position, not .exceeding those of a regular policeman of the village as may be prescribes 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 designate. SECTION 28. Civil Defense a Governmental Function. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The village and except. in case of wilful mis- conduct, its officers, agents, employees, or representatives engaged in any civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951' or with this chapter or any rule, regulation or order made thereunder, shalt not.. be liable for the death of or any injury to persons, or damage. to property. as a result of such activity. The provisions of this section shall not. affect the right of any person to receive benefits to which he will otherwise be entitled under this ordinance or under the work- men's compensation law, or under any pension law, nor the right of any such person to receive any benefiis or compensation under any act of Congress. _6_ r SECTION 29. Prohibited 111uminatiorr as Nuisance. Any i llumination within the city contrary to the provisions of this or any other ordinance pertaining to civil defense or of any regulation adopted thereunder or if any federal or state law, regulation, or order shall be deemed a public nuisance. Any regular or auxiliary policeman,_or air-raid warden, may abate such nuisance summarily or .may take any other- action necessary to enforce such provisions, including entry on private property and the use of whatever reasonable .force is necessary. -SECTION 30. Participation in Labor Dispute or Politics. The civil defense depart° ment 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. SECTION 31. Effective date. This ordinance shall take effect and be in force from andafter its .passage and publication. .Adopted this day of 197 VILLA E OF ILLS BY ayor ATTESTS - Clerk I t _7_