HomeMy WebLinkAboutOrdinance 515
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ORDINANCE NO. 515
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW
BY REPEALING CHAPTER 64, ENTITLED, "CIVIL DEFENSE" AND
ADOPTING A NEW CHAPTER 64, ENTITLED, "EMERGENCY SERVICES"
The City Council of the City of Mounds View does
hereby ordain:
SECTION I.
Chapter 64, Entitled, "civil Defense"
is hereby repealed.
SECTION II.
The new Chapter 64, "Emergency Services"
is hereby adopted as attached.
This ordinance shall take effect
thirty days after the date of its
publication.
Read by the City Council of the City of Mounds View
this 10 day of August, 1992 .
SECTION III.
Read and passed by the City Council of the City of Mounds
View this 24 day of August , 1992.
APPROVED AS TO FORM:
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64.01
CHAPTER 64
CIVIL DEFEN8E EMERGENCY SERVICES
64.01
Policy and Purpose.
Subdivision 1. Because of the existing and
increasing possibility of the occurrence of disasters of
unprecedented size and destructiveness resulting from enemy
attack, sabotage, or other hostile action, or from fire,
flood, earthquake, or other natural causes, and in order to
insure that preparations of this municipality 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 municipality, it is hereby found and declared to be
necessary:
(a) To establish a local civil dcfcnoc emerqency
services 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 municipality and other political
subdivisions of this state and of other states
with respect to the carrying out of civil
dcfcnoc emerqency service functions.
Subdivision 2. It is further declared to be the
purpose of this ordinance and the policy of the municipality
that all civil dcfcnoc emerqency service functions of this
municipality be coordinated to the maximum extent practicable
with the comparable functions of the federal government, of
this state, and of other states and 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 facilities for dealing
with any disaster that may occur.
64.02
Definitions.
Subdivision 1. "civil Dcfcnoc" Emerqency Services
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
repair injury and damage resulting from disasters caused by
enemy attack, sabotage, or other hostile enemy action, or from
fire, flood, earthquake, or other natural causes. These
functions include without limitation, fire-fighting services,
police services, medical and health services, rescue,
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64.02
engineering, outdoor warning services, communications,
radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare
services, emergency transportation, existing or properly
assigned functions of plant protection, temporary restoration
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.
Subdivision 2. "civil Defense Emerqency" means an
emergency declared by the Governor under Minnesota Statutes,
Section 12.31.
Subdivision 3. "civil Dcfenoe Emerqencv Service
Forces" means any personnel employed by the municipality and
any other volunteer or paid member of the local civil defenoe
emergency services agency engaged in carrying on civil defense
functions in accordance with the provisions of this ordinance
or any rule or order thereunder.
64.03
Establishment of civil Defenoe Emergencv
Services
Subdivision 1. There is hereby created a civil
defenoe Department of Emerqencv Services. which shall be under
the supervision and control of a Director of civil Dcfenoe
Emerqencv Services. hereinafter called the Director. The
director shall be appointed by the Mayor for an infinite term
and may be removed by him at any time. He shall be paid a
salary to be set by the Municipal Council plus his necessary
expenses. The Director shall have direct responsibility for
the organization, administration and operation of the civil
defense agency Department of Emergency Services, shall be
organized into such divisions and bureaus, consistent with
state and local civil defense emerqencv services plans, as
the Director deems necessary to provide for the efficient
performance of local civil defenoe emerqencv services
functions during a civil defense emergency. The civil defenoc
agency Department of Emerqencv Services shall perform civil
defense emerqencv services functions within the municipality
and in addition shall conduct such functions of the
municipality as may be required pursuant to the provisions of
the Minnesota civil Defense Act of 1951 as amended or this
ordinance.
Subdivision 2. There is hereby created with the
civil defenoe Department of Emerqencv Services agency a civil
Defense Advisory Committee, hereinafter call the "Committee".
Members of the committee shall be appointed by the Mayor to
represent all municipal departments. The director shall be
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64.03
chairman of the committee. The committee shall advise the
Mayor and the Council on all matters pertaining to civil
defense. Each member shall serve without compensation and
shall hold office at the pleasure of the Mayor.
64.04
Powers and Duties of the Director.
Subdivision 1. The Director, with the consent of the
Mayor shall represent the Municipality on any regional or
state organization for civil dcfcnoc emerqencv services. He
shall develop proposed mutual aid agreements with other
political subdivisions within or outside the state for
reciprocal civil dcfcnoc emerqency service aid and assistance
in an civil dcfcnoc emergency 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 dcfcnoc emergency services plan. and during a
civil dcfcnoc cmcrgcncy. It shall be the duty of the civil
dcfcnoc emerqencv services agency and civil dcfcnoc emergency
services forces to render assistance in accordance with the
provisions of such mutual aid arrangements. Any mutual aid
agreement with a political subdivision of another state shall
be subject to the approval of the Governor.
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Subdivision 2. The Director shall make such studies
and surveys of the manpower, industries, resources and
facilities of the Municipality as he deems necessary to
determine their adequacy for civil dcfcnoc emerqencv service
and to plan for their most efficient use in time of a civil
defense emergency.
Subdivision 3. The Director shall prepare a
comprehensive general plan for civil dcfcnoc emerqency
services of the Municipality 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 municipal
agencies and all civil dcfcnoc emerqencv services forces of
the municipality 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 dcfcnoc emerqencv services activities of the
municipality to the end that they shall be consistent and
fully integrated with the civil dcfcnoc emerqencv plans of
other political subdivisions within the state.
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Subdivision 4. In accordance with the State and
Municipal civil dcfcnsc emerqencv services 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 dcfcnoc forccD
emergency services forces in advance of actual disaster, as
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64.04
may be necessary to the prompt and effective operation of the
municipal civil defenne emerqency plan in time of a civil
defenne emergency. emerqency services emerqency. He may, from
time to time, conduct such practice alerts or other civil
defenne emerqency services exercises as he may deem necessary.
Subdivision 5. The Director shall utilize the
personnel, services, equipment, supplies and facilities of
existing departments and agencies of the Municipality 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 ci~il defenne emerqency services
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 defenoe emergency
services activities as will involve the utilization of the
facilities of his department or agency.
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Subdivision 6. The Director shall, in cooperation
with existing Municipal departments and agencies affected,
organize, recruit, and train Sky-warn volunteers, auxiliary
police, auxiliary firemen, emergency medical personnel, and
any other personnel that may be required on a volunteer basis
to carry out the ci~il defense emerqency services plans of
the Municipality and the state. To the extent that such
emergency personnel are recruited to augment a regular
Municipal department or agency for civil defenoe emerqency
services emergencieo, it shall be assigned to such department
or agency for purposes of administration and command. The
Director may dismiss any civil defenoe emerqency services
volunteer at any time and require him or her to surrender any
equipment and identification furnished by the Municipality.
Subdivision 7. Consistent with the civil defenoe
emerqency services 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.
Subdivision 8. The Director shall carry out the
orders, rules and regulations issued by the Governor with
reference to ci~il defenoe. emerqency services.
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Subdivision 9. The Director shall direct and
coordinate the general operations of all local civil defenoe
emergency services forces during an civil defenoe emergency
in conformity with controlling regulations and instructions of
state civil defenoe emerqency services authorities. The heado
of depurtmento und agencieo ohall be go~erned by hin ordero in
reopect thereto.
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64.04
Subdivision 10. Consistent with the civil defenoe
emergency services plan, the Director shall provide and equip
at some suitable place in the Municipality a control center
and, if required by the state civil defenoe emergency services
plan, an auxiliary control center to be used during a civil
defense emergency services emergency as headquarters for
direction and coordination of civil defenoe emerqency services
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
carryon civil defenoe emerqencv services activities during an
emergency. He shall arrange for the installation at the
control center necessary facilities for communication with and
between heads of civil defenoe emerqency services divisions.
the otationo and operating unito of municip~l oerviceo and for
communication \lith other communitieo ~nd control centero,
within the ourrounding area and \lith the feder~l ~nd otate
agencieo concerned.
Subdivision 11. During the first 30 days of a civil
defenoe 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 and 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 defenoe emerqencv services
purposes. ao he directo, and he may commandeer, for the time
being, any motor vehicle, toolo, applianceo or any other
property, oubject to the O~lner'o righto to juot compenoation
~o provided by l~~i. 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 rights to just
compensation as provided by law.
64.05 General provisions on civil Defenoe Emergencv
Services Workers.
Subdivision 1. No person shall be employed or
associated in any capacity in the civil defenoe emerqency
services agency who advocates or has advocated a change by
force or violence in the constitutional form of 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 defenoe emerqency services
agency shall, before entering upon his duties, take an oath in
writing before a person authorized to administer oaths in this
state, or before any officer of the State Department of
Emergency Services, the Director, or ground corps supervisor.
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64.05
The oath shall be substantially in the form prescribed by
Minnesota statutes section 12.43.
Subdivision 2. civil Defenoe Emergency services
volunteers shall be called into service only in case of an
civil defense emergency or a natural disaster for which the
regular municipal forces are inadequate or for necessary
training and preparation for such emergencies. All volunteero
ohall oervice ~iithout compenoation.
Subdivision 3. Each civil defenoe emerqency
services volunteer shall be provided with such suitable
insignia or other identification as may be required by the
Director. Such identification ohall be in a form and otyle
approved by the federal government. Such identification shall
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 himoelf themselves to be an
authorized volunteer.
Subdivision 4. No civil defenoe emergency services
volunteer shall carry any firearm while on duty except on
written order of the Chief of the Police Department.
Subdivision 5. Personnel procedures of the
Municipality applicable to regular employees shall not apply
to the Director or to volunteer civil defenoe emergency
services workers. but ohall apply to paid employeeo of the
civil defenoe agency.
64.06
EmergencY Requlations.
Subdivision 1. Whenever necessary to meet a civil
defenoe er prepare for such an emergency for which adequate
regulations have not been adopted by the governor or the
Council, the mayor may by proclamation promulgate regulations,
consistent with applicable federal or state law or regulation,
respecting; protection against air raids; the sounding of
outdoor warning sirens; the repair, maintenance, and
safeguarding of essential public services; emergency health,
fire and safety regulations, trail drills or practice periods
required for preliminary training; and all other matters which
are required to protect public safety, health and welfare in
civil defenoe 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 Emergency
Services.
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64.06
Subdivision 2. Every proclamation or emergency
regulation shall be in writing and signed by the mayor, shall
be dated, shall refer to the particular emergency to which it
pertains, if so limited, and shall be filed in the office of
the Clerk-Administrator, and where a copy shall be kept posted
at the front of the Municipal Hall or other headquarters of
the Municipality and at such other places in the affected area
as the mayor shall designate in 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
regulation.
Subdivision 3. The 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 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.
subdivision 4. During an emergency the Municipality
is, notwithstanding any statutory or charter provision to the
contrary, empowered, through its governing body, within or
without the corporate limits of the Municipality, to enter
into contracts and incur obligations necessary to combat such
disaster by protecting the health and safety of persons and
property, and providing emergency assistance tot he victims of
such disaster. The Municipality may exercise such powers in
the light of the exigencies of the disaster without compliance
with time-consuming procedures and formalities, prescribed by
law pertaining to the performance of public work, entering
into contracts, incurring obligations, employment of temporary
workers, rental of equipment, purchase of supplies and
materials, limitations upon tax levies, and the appropriation
of expenditure of public funds, for example, but not limited
to, publication of ordinance and resolutions, publication for
calls for bids, provision of civil service laws and rules,
provisions relating to law bids, and requirements of budgets.
64.07 civil Dcfcnoc Emerqency services Agencv
Procedure.
Subdivision 1. There is hereby established in the
Treasury a special fund to be known as the civil dcfcnoc
emerqency services fund. Into this fund shall be placed the
proceeds of taxes levied for civil dcfcnoc emergencv services
agency. From it shall be made expenditures of the operation
and maintenance of the civil dcfcnoc emerqency services agency
and other expenditures for civil dcfcnoc emergency services.
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64.07
Regular accounting, disbursement, purchasing, budgeting and
other financial procedures of the Municipality shall apply to
the ci7il defenoe emergency services fund insofar as
practicable but budgeting requirements and other financial
procedures shall not apply to expenditures from the fund
during 1965 or in any case when their application will prevent
compliance with terms and conditions of a federal or state
grant of money or property for civil defenoe emerqencv
services purposes.
Subdivision 2. The Director shall as soon as
possible after the end of each fiscal year, prepare and
present to the Council for the information of the Council and
the public, a comprehensive report of the activities of the
ci7il defenoe emerqency services agency during the year.
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64.08 Conformity and Cooperation with Federal and
State Authority. Every officer and agency of the Municipality
shall cooperate with federal and state authorities and with
authorized agencies engaged in civil defenoe emergency
services and emergency meaoureo to the fullest possible extent
consistent with the performance of their other duties. The
provisions of this ordinance and 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 Council may appoint any qualified person holding a
position if any agency created under federal or state
authority for civil defenoe emerqency services purposes as a
special policemaR officer of the Municipality, with such
police powers and duties within the Municipality incident to
the functions of his position, not exceeding those of a
regular pOlicemea officers of the Municipality as may be
prescribed in the appointment. Every such special police maR
officer shall be subject to the supervision and control of the
Chief of Police and such other police officers of the
Municipality as the Chief may designate.
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64.09 ci7il Defenoe Emergencv Services and
Governmental Function. All functions hereunder and all other
activities relating to civil defenoe emerqencv services are
hereby declared to be governmental functions. The
Municipality, and, except in cases of willful misconduct, its
officers, agents, employees, or representatives engaged in any
civil defenoe emerqencv services activities, while complying
with or attempting to comply with the Minnesota civil Defense
Act of 1951 as amended (Minn. Stats. Secs. 12.01 to 12.46) or
with this ordinance shall 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
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64.09
affect the right of any person to receive benefits to which he
would otherwise be entitled under this ordinance or under the
workmen's compensation law, or under any pension law, nor the
right of any such person to receive any benefits or
compensation under any act of Congress.
64.10 Prohibited Illumination a Nuisance. Any
illumination within the Municipality contrary to the
provisions of this or any other ordinance pertaining to civil
dcfcnoc emerqencv services or of any regulation adopted
thereunder or of any federal or state law, regulation, or
order shall be deemed a public nuisance. Any regular (or
auxiliary) policemaft (or air raid wardcn) may abate such
nuisance summarily or may take any other action necessary to
the use of whatever reasonable force is necessary.
64.11 Participation in Labor Dispute or Politics.
The civil dcfcnoc emerqencv services agency shall not
participate in any form or political activity nor shall it be
employed directly or indirectly for political purposes, nor
shall it be employed in a legitimate labor dispute.
64.12 Penalty. Any person who violates any
provlslon of this ordinance or of any regulation adopted
thereunder relating Municipal officers or employees shall be
guilty of a misdemeanor. (129)