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HomeMy WebLinkAbout1956-019 Council Ordinancescto ORDINANCE NO. 19 THE VILLAGE OF LINO LAKES AN ORDINANCE PROVIDING FOR CiVIL DEFENSE AND FOR PROTECTION AND PROMOTION OF PUBLIC SAFETY, HEALTH, AND WELFARE IN THE VILLAGE OF LINO LAKES, MINNESOTA DURING CIVIL DEFENSE EMERGENCIES. The Village Council of Lino Lakes, Minnesota does ordain: T.CTION 1. POLICY AND PURPOSE SOEDIViSION 1. Because of the existing and Increasing possibility of the :ccurrence of disasters of unprecendented size and destructiveness resulting - om enemy attack, sabotage other hostile action, and in order to insure that p'eparations of the Village will be adequate to deal with such disasters, and ,cnerally to provide for the common defense and to protect the public peace naith, and safety, and to preserve the lives and property of the people of tits 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 rendering of mutual aid between this Village and other political subdivisions of this State and of other States with respect to the carrying out of Civil Defense functions. SI!BDiViSION 2. It is further declared to be the purpose of this ordinance srd the policy of the Village that all Civil Defense functions of this Village he coordinated to the maxium extent practicable with the comparable functions n7 the Federal Government, of this State, and of other States and localities, lnd of private agencies of every type, to the end ihat the most effective pre- ;y ration_snand use may be made of the nations manpower, resources, and facilities .r r dealing with any disaster that may occur. r^TiON 2. DEFINITIONS. )IVISION 1. "Civil Defense" means the preparation for and the carrying of at! emergency functions, other than fuoctions for which military f-=•ces are primarily responsible, to prevent, minimize attack, sabotage, other o,-tti Ie action, fire, flood, earthquake or other natural causes. These functions .iriude without limitation, fire -fighting services, pottce services, radical heliih services, rescue, engineering, air-raid warning services, com- ;ur:c Lions, radiological, chemical and other special weapons, defense, ;v1^uation of person_ from stricken areas, emergency welfare services, Ism rgency transportation, existing or properly assigned functions or plant Lrlteci ion, temporary restoration of public utility services, and other }unctions related to civilian protection, together with all other activities necessary of incidental to preparation for and carrying out of the foregoing functions. SUBDIVISION 2. "Civil Defense Emergency" means an emergency declared by the Governor under the Minnesota Civil Defense Act of 1951, Laws 1951, Chapter 694, Section 301. SUBDIVISION 3. "Civil Defense Forces" means any personnel employed by the Village and any other volunteer or paid member of the local Civil Defense agency engaged in carrying on Civil Defense functions in accordance with the rrovisions of this ordinance or any rule or order thereunder. SE'.'T1ON 3. ESTABLISHMENT OF CIVIL DEFENSE AGENCY . S! ?DiVIStON 1. There is hereby created within the Village government a civil r1sfense agency, which shaft be under the supervision and control of a c" '-ector of civil defense, hereinafter called the Director. The Director shall t appointed by the Mayor for an Indefinite term and may be removed by him at 0! time. He shall serve without salary, but shall be paid his necessary <x;enses, the Director shall have direct responsibttty for the organization, .rhiintstration and operation of the Civil Defense Agency, subject to the dir- - 'ion and control of the Mayor. The Civil Defense agency shall be organized 'Ito such divisions and bureaus, consistent with State and Local Civil Defense f• l.ns, as the Director deems necessary to provide for the efficient performance cf local Civil Defense functions during a Civil Defense emergency. SInDiVISION 2. There is hereby created within the Civil Defense agency a iVll Defense advisory committee, hereinafter called "Committee". Memebers c` this committee shall be appointed by the Mayor .to represent Village C oartments and other groups concerned with Civii [Jzfense. The Mayor shalt LJ chairman and the Director shall be Secretary of the committee. The commit - shall advise the Driector and the Village Council on all matters pertain - In to Civil Defense. Each memeber shalt serve without compensation and shall t,I:d office at the pleasure of the Mayor. 7r,TiON 4. POWERS AND DUTIES OF THE DIRECTOR. •_�':^iV1S!ON 1. The Director, with the consent of the Mayor, shall represent Village on any regional or State organization for Civil Defense. He !I develop proposed mutual aid agreements with other political subdivision r= ;yin or outside the State for reciprocal Ctvi! Defense emergency aid and z-,.fstance in a Civil Defense too great to be dealt with unassisted, and he present such agreements to the Council for its action. Such arrangements s,E ? be constster't with theState Civil Defense plans and during the Civil ':.-;se emergency, it shall be the duty of the Civil Defense forces to render ,�>?stanco in accordance with the provisions of such mutual aid agrangement. r ^. mutual aid arrangement w i th a political subdivision of another State shall t< subject to the approcal of the Governor. SUBDIVISION 2. The Director shall make suchstudies and surveys of the manpower industries, resources, and facilities of the Village as he deems necessary to determine their adequacy for Civil Defenee and to plan for their most efficient use in time of Civil Defense emergency. SUBDIVISION 3. The Director shall prepare a comprehensive general plan for the Civil Defense of the Village and shall present such plan to the Council for its approcal. When the Council has approved the 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 rirector shall coordinate the Civil Defense activities of the Village to the end that they shall be consistent and fully integrated with the Civil Defense ;:Man of the Federal Government and the State and corelated with the Civil Defense plans of other political subdivision subdivisions within the State. UBDIVISION 4. in accordance with the State and Village Civil Defense plan, he Director shall institute such training programs and public information ±programs and shall take all other preparatory steps, including the partial o4 full mobilization of Civil Defense forces in advance of actual disaster, as ny be necessary to the prompt and effective operation of the Village Civil e» fense plan in time of a Civil Defense emergency. He may, from time to -ilme, conduct such practice air-raid alerts or other Civil Defense exercises 1 he may deem necessary. l2DtVtStON 5. The Director shalt utilize the personnel, services, equipment, epplies and facilities of existing departments, and agencies of the 'tltage to the maximum extent practicable, The officers and personnel of all e4ch departments and agencies shalt, to maximum extent practicable, cooperate with to extend such services and facilities to the vocal Civil Defense agency id to the Governor upon request. The head o-C eacrt department and agency, In cooperation with andunder the direction of the Director, shall be responsible for the planning and programming of such Civil Defense activities as will lovotve the utilization of the facilities of his department or agency. S'JDDIV1S!ON b. The director shall, in cooperation with existing Village r)ar#ments anu agencies affected, organize, recruit, and train air-raid ;r rdens, auxiliary police, auxiliary firemen, emergency medical personnel, ► any other perscr. el that may be required on a volunteer basis to carry :-u the Civil Defense plats of the Village, and the State. To the extent ;let such emergency personnel is recutrted to augment a regutar Village dep- rtment or agency for purposes of administration and command. The Director a -ay dismiss ery Ctvii Defense volunteer at any flee and reauire him to se -render any equipment and identification furnishad by the Village. '2,DIVtS10N 7. ;.oneistoat with the Civil Defense plan, the Director shall pi vide and elvip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of idjured or homeless persona. ''1 SUBDIVISION 8. The Director shall carry out ali orders, rules and regulations issued by the Governor with reference to Civil Defense. SUBDIVISION 9. 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 be governed by his orders In respect thereto. cUBDiViStON 10 . Consistent with the Civil Defense plan, the Director shall provide and equip at some suitable place inthe Village a control center, end if required by the State Civil Defense plan, an auxiliary control center io be used during a Civil Defense emergency as headquarters for direction and r:oordination of Civil Defense forces. He shall arrange for representation at the control center by municipal departments and agencies, public utilities Ind agencies, public utilities and other agencies authorized by Federal er State a."Shority to carry on Civil Defense activities during a Civil Defense emergency. He shall arrange for the installation at the control center of eecessary facilities for communication with and between heads of Civii )efense divisions, the stations and operating units of municipal services led other agencies concerned with Civil Defense snd for communication with :her communities and control centers within thesurrounding area and with he Federal and State agencies concerned. lBD1Vl.20N 11. During tho first 30 days of a Civil Defense emergency, if 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 same life or property, require any person except members of the Federal or State Military forces and officers of the State or any other political dubdivision, to perform services for Civil Defense purposes 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 the law. CTION 5, CFN!'PAt PROVISIONS OF CIVIL DEFENSE WORKERS. 7JBDIVISI0\! 1, N person" shall be employed or associated in any capacity in he Civil Deferso,' agency who advocates or has advocated a change by force cr violence in thr Constitutional form of Government of the United States -:-Jr in this StateDr the overthrow of any government in the United States by •)rcw or vicYienc, or who has been convicted of or is under indictment for nfcrm tic,n charging any subversive act againnt the United States. Each 3r son who is al +i h— 'd to serve in the Ct o f i Defense agency, shall before sntertng upor h: s duties, take an oath in writing as prescribed by the Minnesota C i v i I Dcf ense Act of 1951, Section 4r.'3, es amended. UBD1VISION 2. Civil Defense volunteers shall be called Into service only it case of a Civi( Defense emergency for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers'shall serve without compensation. SUBDIVISION 3. 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 shallexercise any authority over the persons or property of others without his identification. No person except an authorized volunteer shall use the identiflacation of a volunteer or otherwise represent himself to be an authorized volunteer. S1!BDIVIS'ION 4. No Civil Defense volunteer shall carry any firearm while en duty except on written order of the Chief of the Police Department. SUBDIVISION 5. Personnel procedures of the Village applicable to regular employees shalt not apply to volunteer Civil Defense workers but shall apply to paid employees of the Civil Defense Agency. SCi,T I ONS. WHEN EMERGENCY ¶UHDiVISION 1. Whenever necessary to meet a Civil Defense emergency or to r pare for such an emergency for which adequate regulations have not been zcpted by the Governor or the Village Council, the Mayor may by proclamation r. ;mulgate regulations, consistent with applicable Federal or State law or tlggulation, respecting; proeection against air -raids; the sounding of air-raid P:`arms; the conduct of persons and the use of property during alarms; the ✓ nair, maintenance, and safeguarding of essential public services; emergency `4,4ith; fire and safety regulations; trial drills or practice periods required YY preliminary training; and all other matters which are required to protect xti�a i is safety, health, and w:.Ifare in Civil Defense emergencies. No regulation cr verning obsercation of enrny aircraft, air attack, alarms or iitumination 'ring air attacke shall be adopted or take effect unless Approved by the 5 -,te Director of Civil Defense. Si'fD1VISiON 2. Every proclamation of emergency regulations shall be in wr`ting and signed by the Mayor, shall be dated, shall refer to the particular Civil Defense emergency to which it pertains,; if so limited, and s';all be filed in the office of the Village Clerk, where a copy shall be apt' posted and available for public inspectionduring business hours. Notice the existence of such regulation and its avallibiiity for inspection rr the Clerk's Office shall be conspicuously; posted et the front of the Village Hall or other headquarters of 'the Village and at such other places in the affected area as the Mayor shalt designate in the proclamation. By 1=ke proclamation the Mayor may modify or rescind any such regulation. )iVlStON 3. The Vi t!age Council may rescind any such regulation by “ :: ut!on at any time. If not sooner rescinded, every such regulation shali ,re at the c i of ZO days after its effective date Or at the end of the Defense emergency to which it relates, which ever occurs first. Any • :,Istance, rule or regulation inconsistent with an emergency regulation pro- 'r gated by the Mayor shall be suspended during the period of time and to the J'3nd that such conflict exists. SECTION 8. CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY. SUBDIVISION 1. Every officer and agency of the Village shall cooperate with Federal and State authorities and with authorized agencies engagedin Civil Defense and 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 provisions of Federal and State laws and of regulations and orders issued thereunder and shalt be deemed to be suspended and inoperative so far as there is any conflict therewith. The Village Council may appoint any qualified person holding a position in any agency created under Federal or :state authority for Civil Defense purposes as a special policemen of the Village, with such Police powers and duties within theViilage incident to the functions of his position, not exceeding those •of a regular policeman of the `village, as may be prescribed In the appointment. Every such special police- ran shall be subject to the supervision and control of the Chief of Police and -uch otherPolice officers of the Village as the Chief of Police may designate. SECTION 9. CIVIL DEFENSE A GOVERNMENTAL FUNCTION. ;311 function: hereunder and all other activities relating to Civil Defense are n reby declared to be governmental functions. The Village, and except in cases f willful misconduct, its officers, agents, employees, or representatives engaged in any Civil Defense activities while complying with or attempting to comply w i `h The Minnesota Civil Defense Act of 1951, as amended or with th i s ordinance or ate,- ri.: le, requa I tion or order made thereunder,sha i l not be t i at i e 4or the death or of any i'je ry to persons, or damage to property as a result c•f such activity. The provisions of the section shalt not effect the right of person to receive benefits to which he would otherwise be entitled under this ordinance or under 4-he workmen's compensation taw of benefits or compensA alion under any act of Congress. SECTION 10. PROHIBITED ILLUMINATION A NUISANCE. Any tlluminationwithin the Village contrary to the provisions of this or any other ordinance pertaining to Civil Defense of any other regulation adopted thereunder of of any Federal or Mtate Law, regulation, or order shall be deemed a public nuisance. Any regular or auxiliary policeman, or air-raid v rden may abaft such nuisance summarily or may take any other action ;necessary to enforoce such provisions, including entry on private property sand use of whatever- reasonable force is necessary. ;;77T10N 11. P.ARTIC1P TITI INLAROR DISPUTE OP POLITICS. The Civii Defense agency shall not participate in any form of political activity, nor shat!t be employed direstty or indirectly for political eerposes, nor shall It be employed in a legitimate labor dispute. SECTION 12. PENALTY. Any person who violates any provision of this ordinance or any regulations edopted thereunder relating toacts, commissions or conduct other than official acts of Village officers or employees shall be guilty of misdemeanor, and upon conviction shalt be punished by a fine of not more than $100.00 or by Imprisonment for not more than 90 days. SECTION 13. EFFECRIVE DATE. This ordinance shall take effect upon Its passage and publication. Adopted by the Council this 26th day of November, 1956. /s/ Arnold Kelling, Mayor ATTEST: Harry Proulx, Clerk.