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HomeMy WebLinkAboutNo 147 Providing for Civil Defense and for Protection and Promotion of Public Safety, Health, and Welfare in the Village of Maplewood During Civil Defense EmergenciesORDINANCE NO. 147 AN ORDINANCE PROVIDING FOR CIVIL D13NHN;E AND FOR PROTBL'rION AND PAOMO`rION OF PUBLIC 4AY-TrY. HHALTH, AND 9BLVARB IN THE VILLX'-H OF MAI 'LH (70D DURING CIVIL [) PSsN (Ii r1Mj!W',H',4CIES WE VILLAGE COUMCIL OF THS; ILLAGH OP MAPLEWOOD Ih)ES ORDAIN: Section 1. 'rhe yodel municipal civil defense ordinance set forth as Appendix Me. 6 to Municipal prototype Plan of the Minnesota survival Pian prcpared and pi,blished by the Mate of Minnesota. .)epartment of :",ivil )efease. three copies of which ordinance are on rile in the office of the Village �,'lerk of Maplewood , is hereby adopted as the civil defense ordinance of the Village. 8very provision contained in such ordinance is hereby adopted and wade a part of this ordinance as fully an if set forth explicitly herein. Adopted by the council this 1st day of March, 1462. Mayor Attest: - 5— e: 5 A. CIVIL DEFENSE AR.i3A4seC An Ordinance Providing for Civil Defense and for Protection aaad Promotion of Public 5afeaty, Resalth, and Welfare in the Village of Maplewood During Civil Defense Emer,tenciesl The Council of Maplewood does ordain: Section 1 Loa IgL_an Purpe'?se$ Subdivision 1. Because of the existing and increasinR possibility *f the occurence of disasters of imprecendented size and destructiveness resulting from. entrap attack, sabo- tage, or other bostilea action;, or from fire, fioa, earthquake or other natural c:atm%es, and In order to insured that preparations of this city (villaag&), it is haereisy found and declared to be necessnaery; (A) To establish a -local civil deafeenae *Roney*; (b) To prrov 4e for the exercise~ of nece 9saan; powers during civil defense emergencies; (c) To provide for the rendering of mutual aid between this city (village) and other political subdivisions of this state and of other staters with respect to the carrying out of civil defense functiems. Subdivision 2. It is further deaclaare4 to 11.10 the paarpoeer rrf, tip+s ordinance area tine 11eallay of the city (villapo) that all civil defense functions of this city (village) be co-- ardinate d to the maximum extent practicable with the comparable functinnss of the federal Soveriuzant, of this state. and of other states and localities. snd of private apexeeies of every type, to the end that the most: effective preepnrations and use may be rude of the nation's manpower, resources and facilltie s for deesli.r:p with any disaster that randy occur. 1. If a more complete title is desired or is required under charter provisions, the general. subjects covered by the various sections may be added. In that case cane should be takento include every general subject. Ef4owaveer, uaneeceeassanry elaboration of the titIAZ should be avoided. Z. This section is an almost verba;itiv repetition of the comparable provision of the Minnesota Civil Defeneae Act, Minn. States. Sec.. 121.02. It racy be omitted if desired. The provision is useful in showing the hae:t.s.round nand policy rax th ordinance so that, if, attacked, it way be seen by the court in the light of the emergency which prowteak its passage. In Cities where the charter reattired an express declaration of apiergency in order to authorirte the passage of such an ordinance or to shorten the tivie for getting it Into effect, the ordinance should include either az preeamblo or a asepexa tc provision to the same effect. with such further, recitals of emergency cesnditions as may be necessary to comply with the: requirements of the charter. sectiori 2 Definitions il+div a Rn�., "Civil Defense" means the preparation for and the carrying, out of till emergency functions , other than f'uncti.ons for which military forces are p: f ma ri..l y re- sponsible, to prevent, minimize and repair injury and damasks resulttn� f%Or. disaste..+,r8 enused by eneira° attack, sabotage, or other enemy hostile action, or frnw fire, flood, earthquealke, or other natural causes. These functions include, without fires-- fi. liting services, police s,ervicea, medical and health services, rescue, engineering. air-raid !aarning services, communications, radiological, chemical and other special weapons defense, evacuation of persons fror. stricken area., emergency welfare services, eimergency tras isnortation. existing or properly Assigned functions of plant, protection, terapar.ary restoration of public utility servi.ceri, and other functions related to civilian protection, together witi> all .them activities necessary orncl'dletital to preparation tar and carrying out of the foregoing functions.3 Subdivision 2, "Civil defense emergency" [rean.,t an emerge=ncy declared by the governor under Minn. Stats. Sec. 12.31, Subdivision 3. "Civil defense forces" means any "rsrinnel eirpioyed by tLe city (villraga) and any other volunteer or paid reAer of the local civil defense agency enAased in carrying on civil defon sp functions in accordance with the proviniotus of this ordinance ar any rule or order thereunder. Section 3 tetablis ent of Civil fensce Aget€C Subdivision l„ There is hereby created within the city (village) government a civil defense agency,4 €ski#eh shall be cinder the: supe vis on and control of a director. Of civil 3. This definition is taken from the atate law. Minn.. tans. Sec,, 1.2.63, Subd. l 4. A umne such as "Office of Civi,'! Defense" or. same other descriptive title may be substituted if preferred or if more cousi.stant with the administrative organi- zation kation provided by charter. If the agency is to be set up aaa palet of an existing department ---the executive department headed by the mayor, for example --the language should be altered accordingly, Thus, the initial sentence might read, "There is hereby created within the: (executive office of the mayor) (l)ap .rtmn_-.at of public. affairs) ai civil defense agency... - 7 - deferLse, hereinafter called the director. The director shall be appointed by the wayor for an indefinite term and may h� removed by hi rn at any time. -5 fie shall serve without salnvj, but shall be paid M 4 necessary expens es.6 The d-4--ector shall have direct ra- sponsibility for the organizall-ior, ar?,ninistration and operttfov of the civil defense aPOnZY, subject to the direction and control of the mayor. The civil defense agency Shall be organized into auch divisions and bureaus, conslatavt with state and Imal civil de- fense plans, as the director deems necessary to provide for the efficient performance of local icivil defense functions during a civil defense emergency. rhe civu defense- a,,�,,eacv shall perform civil defense functions within the city (villave) and in addition Shall conduct such functions outsi�!e the city (village) as may be required pursuant to the pro- visiO" Of t1he KlUnesota CIVII Defense Act of 1951 as amended or this ordinance, 6a S. Sow. councils rtay prefer making the director removable only for cause ane after a hearing. If. this Is desired, the sentence ab*ut removal should be omitted and S000thing like the follm—ing substituted: "The director altiall be appointed by t1-40 or and shall serve for an indefinite term. Tn a civil defense or.argency he may be remved by the mayor suv"arily or guspended- at other times he May be removed by the mayor for cause after an opportunity to be he&r4. Boer with respect to appointment and removal, the council ought to defer to local thart�r requirements ane practice fr. fra-ming these provisions. In many cities, for example. the council may want to provl4a for confirmation of the director's appoint- ment",­7 the council, even though it Is not required by state law. Similarly, where there is tradition or legal pattern lc�cally of restrictions upon removals, sore such restriction ma- y be plaited in the ordinance, remembering, however, that in an erlernency situation, the mwyor should be free to ttiake a quick replacement If necessary to make the organivation function effectively. In council-mays7er setups, the ordinance may feasibly provide for appointments *'on the recommendation of the manager", 6. In larger cities where thra director will be a full-time official, thi-5 seintent-'s should be altered if commPensation Is to be provided. The senteoce might then read, "We shall receivin a salary of $__a year 'and hie necessary expenxes.=' In cities with civil service provisions covering all departments, some pro- vision should be Inserted, consixtant with charter provistors, stating wbether the director is in the classified or unclassiflee service of the city. 6a. The last sentence is a restatement of Minn. Stats. 121.25. Puactioning outaide the corporate limits was specifically providesl_ for by a 1957 amendment to the act (Laws 1957, Ch, 626.) AMhAkyj the civil 40fense agency a civil defense ,4Lq& A _1, There Is hereby are%ted vl tbir. advisoinr committee, hereitafter called the ` corroittoe' .7 Mer4g7prs of the cow._,Ittee shall be appointed by the mayor to represent city (village*) departnents and other Froups con-- corivMd with civil defense. The mayor shall '!-je cl)airman and the director shall be secretary of t1l-ie committee. They comaittee shall advise V�e director and the (villare) council on all mmattar3 ?pertaininF to civil, dltr-#^nse. Each r-AT-1,er shall serve. .41thout compensation and shall e th hold offinat tb# nleasure of e -:,ravor. Section 4 Powers and Duties of the Director Subdivision 1. The director, with the conuent of the mayer, shall represent the city (vill",e) on any re,-,ional or state orhanization for civil defensa. He shall develop proposed ntutual aid agreezients wit!i other political subdivisions within or outsit�e the state Alor reciprocal civil -'efense aid and assistanco- in a e-, vii iev7ense ever-ency too r* ,at to he dealt with unassistedl. and 'tie shall present such a!,;ree­ents to the council for .4t3 actluon. Such arraTx.1-encits shall be consistant with the state civil defense talars and during a civil defense er,'ergency. it shall be the duty of the civil defense agency and civil defense forcles to render assistance In accorden.n.a with the provisions of such mutual aid arranp ,,ements. Any mutual aid arrangement with a political subdivision or another, states shall be subject to the approval of the governor. Subdivision 2. The director shall make such st-adies are surveys of the vanpower, iindustries resources, and facilities of the city (village) as he deems necessary to determine their adequacy for civil defense and to plan for their x"t officient use in ti%e of a civil defense emarrency. 7. Such a counittee is not required by state 1AW, but a slin1lar state cormittee is provided as part of the state orr-,anization for civil (lefense. Zr practice Imunict- valities having a defense council may wish to snake' members of t1hat council Members of the advisory committee. S. Municipalities near the. Canadian bonler may wish to add -or Canadian province-. Canada is riot specifically mentioned in the mutual aid provisions of the state law. .3ee Minn. Stats. 1ec. 12.27, subd. 2. _ 0 _ Sut:i3ivision 3. Tice director shall prepare a comprehensive General plan for the civil defense of the city (villake) and shall present such ;:.lan to the council for its apprroval. schen the council has approve, the plan by resolution, it shall be the duty Of all municipal agencies and all civil defense forces of the city (village) to perform the luties and functions assiF,ned by the plan as approved. The plan may he modified in like a,anner from ti:Je to time. The director shall coordinate the civil defense activities of the city (village) to the end that they shall be consistent and fully integmated with the civil defense plan of the r deral c;overnttent and the state and correlated with the civil defense plans of other political subdivisions within the state. SUbddivision 4. in accordance with the state and city (Village) civil defense plan, the director shall institute such training; programs and public information proprans and shall take all other preparatory steps, including the partial or full nobiliza- Tian of civil defense forces in advance of actual r.:saster, as may be necessary to the prompt and ^Rfcctive or,orr3tior of the city (village) civil defense plan in time Of a civil defense energenq% 1?e may, from tir;.e to tirre, conduct such practice air- raid alerts or other civil defense eyercises as he may deem necessary. Subdivision S. The director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the city (village) to the maxi- mum extent practicable. The officers and personnel of all such departments and agencies shall, to the rttaximun 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 tate planning; and prof.=ra, ini, of such civil defense activities as will involve the utilization of the facilities of his department or a encs. SuDdiviaion R, The director shall, in cooteratiot; with existing city (village) de- partments and agencies affected, organize, recruit: and train .air-raid wardens. auxi2rary police, auxilary firaamer., energency medical personnel, and any other rer., -oOnnel haat may be 1'*nuired on a volunteer basics to carry out they civil defense pl.xr. Of the city (Village) and the utate. To the extent that such e^aer}aercy Mrsonne, z^ recruited to augment r regular city (villas e) department or agency for civil defense enerreencles .. it shall �e apsit-med to se.ac?a department o! agency for purposes of 'ad- d-ministr'aation ministration and cotroAnd. Ti;e director may di.safiiss any civil defense. %--olunteen at any° tiMe and require him to surrender anyegaaipanent and identification Earn she i ,.,,. the city (villace).9 y S. Some of the lar7e:r rmniaipalitieas may wish to establish divisions of emergency services within particular departments, as way; Bono in the long,, fears ordinance enc, or frig the Leapue in 1942. If this its done, the m4sponsib lity for recruit - r nt , ar#�eraigatlon and traaininq r±a.�y be placed upor. the hefaef of the department in each case. Adaptations of language will be necessary in subdivisions 5 and 6 if this approach is fc+l1oweed and several new :sects -ons will. have to be added. Pore is an example (although .it will treed modification to meet individual charter rcqui.reaKPntas on orc-aniz ati^n snd cemtrol). 'ec.-_._-..-__r�,erfTency Police. 'there in hereby creeateee within theolice department as c v z•i c3rs of emergency p €' y poij.c:e to to composed of such number of volunteer auxiliary policeaaen as the chief of dice shall deem necessary. Auxiliary pc+licerrsxen shall tae appointed and may be, rerscaved by the chief" of police. The rlf.vf zica+ of e'me ency police shall be under the control And nupervision of the chief of police. Wher, called into emergency service auxiliary police "sen shall have the same authority as re mlUlar policeman. Raid Ward"n Service. There is hereby created (within the Police depart°rn enc) a d3 visiOn" Of emergency air raid warden services under the control and supervision of (the chief of Police') (a chief air raid warden who shall he appointed by the director (mayor) and may !-,e re' no- od by hiss). The division shall be composed of air raid wardens in such number as the chief de:eam9 nec ossarv. Air raid wardens shall he appointed bpi the (chief of police) (chief air rain warden) and may he removeel by him. 'See. ` �_ i r�er�etaey rire Service. There is hereby created within the f ix"Fw department a c ivi310n of eme3rgenr.: , fire service under the control and supervision Cof the fire C}zi0f. The division shall ince composed of such number of asaxiliary firerson appointed by the fires chief and removable by him, as the fire chief deems necessary'vhe3n called iDto emergency :service auxi'isry firemen shall have the same authori tv as rer!ular f'ir-men. Vec _._..t_. aeersyesac Public Works. There is hervayy created within the public works department a divisieaza cif erteraency public works under the control and supervision of the city (village) engineer(coMmissioner of public works, 6 tO- a • He shall haves charge of the: nairtenance Of streets and of public grounds, t?uilc?in;,ts , utilities, and work during; civil defense a ra ergencies , and of the den- ol,ition of hazardous buildings and the cleamnce of debris required in such a ergencieas . For such purpose her may fore succi volunteer, 11 repair and demolition squad; as he shall deer necessary, Personnel of the division shall be appointed by $n: may be re-zo,.,rOd by the ,engineer (co issioner) . •_i.1- "Sec--- - --Eat Medi�rvice. There is heret y created within the department of health a division of c>ergancy meoical. service under the control and supervision of that city (village)health officer as emergency medical chief. r=e shall have chargee of medical, nursing, and, other service required for the promotion and protection of the public health during civic defense urgencies. Ile shall appoint and may remove volunteer personnel necessary to staff the division. "Sec 0 —1.mks, etICY Evgetuntion �e mice3, There is hereby created as divisiosa of emergency evacuation service under the supervision and control of art emergency evacuation chief who shall be appointed by the director (mayor) and may be removed by h.in. He shall, have charge of emergency housing and feuding hearing, civil defense energexaciees. He shall appoint and essay► remove volunteer p+erso-nuel necessary to staff the division. "Sec, -----Em z� +tiacc ndustrial Protection. There is hereby established a division of emergency Industrial protection under the control and super- vision Of a chief appointed by the director (mayor) and removable by him. +e shall have charge of protesting industrial establishments Aud their personnel during; ci.vi,l, defense urgencies. lea shall appoint and may re- move volunteer personnel necessary to staff the division." Trate model ordinance of the-Nationzal. Institute of Municipal Law Officers provides for the 05tabl4sshment of such divisions by council. resolution. Sul,division 7., Consistent with the civil defenses plait, the director stall provide and equip €=.mergerney hospitals, casualty stations, aALulances, canteens, evacuation centers, and €ether facilities, of ccriveyances for the: care of injured or homeless persons. Subdivisioist 8. The director sisals, carry, out all orders, rules and re�elaatioa isaeaeaf by the governor with reference to civil. defense. Subdivision 9. The director shall direct and coordinate the i�etne:ral, ops rat -ions of all local ariv# s. defense forces dvriaz ; a c=ivi' defe=nse emergency in conformity controlling rOgulations and instructions of state civil defense authorities. The beads of departments and agencies shall be governed? by his orders asp, respect thereto. Subdivision 10. Consistent with the civil defense plan, the director shall provide and equip at some suitable place in the city (village) �;. control center and, If required by the state civil defense: ?loan, an auxiliary control center to be used during a civil defense eme geilcv as heaaiouarteraa for direction and coordination of civil defense forces. o shall arrange for representation at the contrail center by municipaal- <4epa-artnfilnts and agencies, public utilities and other agencies authorized by federal or state authority to carry an civil defense activities durinr, a civil Aefense emergency. iie shall arrange for the installation at the control, center of necessary facilities for communication with and between headn of civil defense divisions, the stations and operating units of ==Icipal services and other agencies concerned with civil defense and for cornunication with other cormunitien and control centers, wit',An Vie surrounding area and with the federal and state agencies concerned. Subdivision ll.. During the first 30 days of a civil defense emergency, if the legis- lature io in session or the governor has coupled his declaration of the emergmncy with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except rtembers of the federal or state military forces and officers of the state or any other political subdivision, to perform services for civil defense purposes as he directs, and he may commondeer, 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.10 Section 5 General Provisions on Civil Defense Workers Subdivision 1. :4o person shall b* wotoyed, or associated in any capacity in the civil defense agency who advocate.s or has "vocated n char, ", by force or violence in the e,onstitutional foriP of goverturent of the Unitod ctates or JI) this state or the Qverthrcn,: of any government in the United Status by force or violence, or Wlio has been convicteld of or is under indictment for informatioYi charging any subversive act against the United States. Each rerson who in appointed to serve in the civil defense agency shall, Wore entering upon I.As duties, take ar, oath in writing before a person authorized to admini~ oaths in this state, or before any officer of the state department of civil defense. the 10. This subdivision is patterned after the state law. See. 12.34. It may be ommitted, if desired. Director, or ground observer aoq» supervisor. fora prescribed by Minn. State. Sot. 12.436 11 The oath shall be substantially ir. the Subdivision 2. Civil defenso vOluntears snail be called it.tO Ae:rvice only in case o a civil defense omergeney or a raturAl disnoter for which the r-gulgar municipal forces are inadequate or icor xaece ssarry traisit.g and prepaaratIon for such emergencits. All vol- unteers shall nerve without coupensatIon. 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 e? -1411 be in the form and style apprea ;-eel Y,y the federal government. 'fid volunteer shall exercise any autbority ovsr the parsons or ,rop.��rty of others w,thojt his identification. Version% except an authorized volunteer shall u_=aeA t )e I(lesntifi.cation of a volun.teexr or otberwise represent himself to be aa authorized vola xteer. 11. This subdivision is patterneex after the O L ate law, `+ear.. 1.2.43 whicxi iu turn is based upon the federal law. It n,:3y 1e omitted, if desired. Some councila may prefer to include: the for.::r of the oat>, in full. -It: mast read substantially as follow t "I. , do solemnly swear (or affirm) that I will support and defend the ConstItutior. of Mhe `Jnit:ed ct;,ates and the Co,.-stitution of the State of Minnesota against all eu miees, foreign and domestic; that I will beer true faint and allegiance to the aaatw., that i take this obligation freely, vit:h- out any, went al rerservatie,r. of purpose of ev«k 41or ; and that I will well and faithfully discharge the duties upon which i ate about to 3ixater. ArW I do further swear (cab• af£irm) tbat I do riot advocate, nor airs I a€ member of any political party or organiaeat-Lon Haat advocates the overthrow of the Govern - pent of the United States or of this stain" by farce or violence-, and that curing such 'Gime: an 1 am as viember of the.. civil defense agency, I still not advocate nor become a member of any political party or organization that advocates the overthrow of the Govern-. nt of the United States, or of this state, by force or violence." - 14 - Seib ivteion 4. No civil defense volunteer shall carry any firearm while on duty except onwritten order of the chief of the police department. '>ubdivision_5 Personnel procedures of th:_ cit, r (village) applicable to regular em- ployees shall not apply to volunte<sr civil defense workers but shall apply to paid employees of tele civil defense agency. -2 Saction E Lm TAOMM,R_egul;atip.nx13 Subdivision I. Wherever necessary to meet a civil defense emergency or to prepare for such an acergency for which ad,.quate regulations have :.ot !,aen adoptee: ;y the 4overaor or the city (vil.lagle) council, thct na,,prr 7.'r,y by prvclaTlatl-:T, proatul.gate regulations, consistent with applicable fed<2ral or .;tat,: law or regulation respecting: protection against air -raids; the sounding- of air-raC alarms:. the conduct of persons and the use of property during alaras, the repair, Mairitenance, and safeguarding of essential public services: emergency health, fire and &,,faty re:,t:lations, trial drills or practice periods required for preliminary training: and all other a.atters which are required to protect Public safety, health, and welfare in civil defense earorgencies. No regulation govern- ing observation of enery aircraft. air attr.ck, ala.rss, or 'Illumination durin;- :lir attacks shall be adopted or take effect unless approved by the state director of civil defense. 12. This provision may be made more a::plir_it by mentionin;; particular rz,quireaients —e.g., recruitment, classification, ;irountion, discharge, leaves, etc. In a municipality having, civil service for all departments or for particular depart- ments, the council may wish to include a "revision placing paid employees with- in the classified service (if than is desired or required by chart•ir) ;az:d placing volunteers outside. For examrale, if n municipality had adopted civil service for policemen, the eounci9 may viols to include some suet, sentence as "Auxiliary policemen shall not be considered as officers or employees of the police depart- ment within the meaning of !ting. Stats. Chaptor 419". This may have no legal effect, but it may emphasise the emercency character of the services tc such an extent that no one will attempt to claim that the police civil service commission has any Jurisdiction over auxiliary policemen. on the other hand if a municipality with civil service finds that the civil service procedure can be utilized for the re- cruitment of auxiliaries, the ordinance provision<, .4i1,1 require other adaptation, and am@ change in the civil service rules may also be. necessPry. - 15 - Every proclamation of er4rgenty regulations shall be in t-rciting Aud signed by the rlayor, shall. be dated, shall refer to the particular civil. defei?ae emer- gency to which it pertains, if so limited, and shall t.e filed In the office the CitY (villa") cleric; where a copy shall be kept posted an(., avail.able for puballic Inspection during business hoarse. lotice of the existence of such regulation and its availability for 1"" jtion at tj.a e clerk's office 31.1all., '��e conspicuously o ted at ha t , fr;)-,,It of tile city (village) hall or other headquarters of the city Grillage) ar-4 --it such other places in the affected area as the wayot shall desigpet ,_ It, the proclariation. Thereupon the regulation shall, tak.a effect immediately or at sue -1-, later tifile as may be specified in the proclamation, y lik-e proclamation the mayor may modify or rescind any sucli-i regula- tion. Subdivision 3 The city (village) c Ouv%cj, may hexcind any such retulation by resolution at ary tip, If not sooner rescinded, every such rec ;ulstlon 411all Cxlire cit Vha end of 30 days after its effective date or at the and of the civil defer -se elzergencv to vilich it relates, whichever occurs first. Any ordivance. rule or regulation inconsistent with an erwrgency regulation promulgated by the mayer Whall be suspended during the perlod of time and to the extent that such conflict exists. Burin iz a civil defense euergwncy the city "village) is,notwithstanding. any statu- tc,ry or charter provision to the contrary, enpm?erod, through its gaveniting body actlnp, w1thir or without the corporate liTrits of the city (villas ge), to enter into contracts ar.d incur obligations necessary to combat such disaster by pratecting the health and safety of persons and property, , , ard irovtdlag emergency assistance to the victims of such disaster. The city (village) any exercise such powers in the light of the exigencies of tile disaster without compliance with tize-consuming procedures and forrmlities, prescribed by Inv pertainin- to the perforriance of public work, entering into contracts, incurring of obligations, gmplovment of temporary worher5, rental of equipment, Purchase of supplies and v.aterials, limitations; upon tax levies, and the axppronriAtiort and expenditure of-ubli.c funds, for example, but not liirited to, publi- cation of ordinances and resolutic*rs, publication of cills for bids, provisions of civil service laws + rd rul.an. provisions" to 1rnq bis ,;, and requirements for bud sets.13a Section 7 Civil fs nesse A zacl'..Procedure Subdivision 1. There is herety established iso the city (viEllaste) trea3ury a especial fund to be knoin, as the civil detense fungi .I4 Into this ftuid shal?. be placed the proceeds of tsa),;e ?.evied for civil deferase, mor tt y transferred from ether funds, gifts axed ether 13. This section is included in r,zco�..nitllon of tl�e foci that in the exigencies of art aalr--rraid (said to 3ore extant eves:': In advance of such an aventutli ty) it I,% nece- ssary to entrust to a sir,43e ind3,Ac:ual t iz responsibilty of formulating, rules to cove with the evArgency. Conrcil action in such s case is too sloe to he foasible and it will be found alr<ost impossible to draw complete regulations of so permaneert a character that thev crn be includ4ed 3r ari ord1nance. Some of this job may be done by the governor trader the power to Fariopt regulations given him (subject to npproval oaf the executive; ccnincil) by than state acts, but it Is not likely that his regulations will cover t4a whole fi.el"i of needed local Taction. In normal tines, the.; provisions of this rection might be considered an unlawful de:le Tat �7r of pcTer by tho council, 4owever•, since the c =urts recog- nize that delegation of power is pert'#issi.ble if necessary to meet the exigen-- ciesa of particular situations (provVod the council t-:�cercises it+a own policy- making power in limiting the discration Of the sdinfni.strative official so far as the situation allows). this section, should have a reasonable chance of being sustriinacd under war conditions. See Stitt' of Ctaica.o v. Maarriotto, (1928) 338 11.1. 44, 163 X.E. 369; note (1939) Wl . L. Rev. 443; note (1.924),37 Harv. L. Rev. 118. The state act (see:. 12.37) :lezrly recognizes the unprecedented rated extremity OIL a civil defense emergency ay r armtttlug the, by-paswinp of ordinary procead:rral requirements to the extent necessary to take emerR,ency action. The council r<;ay ratify t to ection taken by the r;txyoir and tharebay minimize questions of derl.e*ntlon ck {cower. Seo nate, (1933) 1.5 11arv. 14. Rev. 1069-74. 11'a,, its subdivision is a reastate=,xent of the :hate law, Minn. StntA. !pec. 12.17. It may be ovitted if desired, 14. many councils will prefer to bsanele tMa :is an Recount in the general. fund in which case the sentence fright recd, •" hero 18 hereby ="tahlisheJl :an o(z connt in :the geaner+al fund to be known as the civildefense account. Into titin account .,.". Similar char..qes ir. larsauaes� will nccessary In subsequent sentences of this subdivision. revenues of the civil defense agency. From it shall be spade a xpend1t4ress for the opera. -- tion and maintenance of the civil defease agency and rather eaxsponditurses for civil defense* Regular accounting, disbursement, purchasing, budgeting and Bather financial procedures of the cite shall apply to the civil defense fund insofar as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the fund during 1.951 or in any ansa wirer, their application will prevent compliance with ter ..ss and conditions of at federal or state grant of money or property for civil defense purposes* Subdivision 1. The director shall., as wren as possible after the end of each fiscal year, prepare and present to the city (village) council for the information of the council an4 the public, a comprehewussive repeat of the tactivitl.eas of the civil defense ra eeney duri ? the year i5 Section Conformity and Cooperation with Federal and Mate Authority .,,very officerxrd a er�c�� of the city (valla el shall cpG�merate with fedearal and stnte aauthoritit s nn(2 with anthorired agencies engaged in civil. defense and ersergenty vtos sures to the fullest po€agibl.e extent consistent with the pe:-fcrmancp of their tither dutieeq. The pre -vision of !: .. 17aa - Sectio -1 9 Civil DeafA raj _ a overnmentalFuan�lr) All functions hereunder and ,all other activities relating to civil defense are hereby declared to he govern-mentnl functions. The city Cvilla pz v , nn&, except in ceases of wilful visconduct, its officers, agert, a mpl.oye eo, or reapresentetives engaged in any civil defense activities, whiles complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as a.men;Aed (;Minn. Stats. Seca. 12.01 to 12.46) or with this ordinance or any rule, requlaati.on or order maces Viereunder, aahaall not be liable for the death of, or any injury to persons, or d nage to property as a. result of such activity. The provisions of this section shaail not affect the right of any person to receive benefits to which he would otheervise he entitled under this ordinance or under the work -men's cooper cation law, or under any pension law, nor the right of any such person to receive arab benefits or coiVi a nsaation under any .pct of Conpreass Section 10 Prohibited Illumination a ` ulsanceel.7 Any il.lunsination with the city (vill.n!L�;e) contrary to the nrovisions of this or any Bather ordinance pertaining to civil defense or of any regulation adopted there -tinder or of any federal or state 1aca ree•.alati:ras., or ird-er shall be deed a public csulsonce. Ary regular (or auxiliary) policemen (or air-roicd, warden) r.==say abate such nufsance suamaar.. ilp or may take any other action necessary to enforce stach provisions, 1rxcl:adinn entry on private property and the use of whatever reasonable forces is nescems ary. Section 21 particip_'Lt_ e7A in Labor Dispute or_Pglitt4 is" The civil defense agency shall not participate in any form of political activity nor shall it be employed directly or Indirectly for political purposes, nor shall it be tployed in a legitimate labor dispute. ib. This section is patterned after the state act. See See. 12.41. It may be oraaasitteed if desired, 17. If a sop a'ra4te ordinance dealing with blackouts is enacted, the sectiospay he Olaitt*d, Tilis section assumes, that blackout regulations will he embodled in state and local regulations. 18. This suction is patterned after the state act. Sec. 1.2.44. xt may be emtmitte*d if desired. - 1° - Section 12 Penalty Any Pearson who violates arty provlsfor of this ordinar.^e or of any regulation adopted thereunder relating to aetq, emissions, or conduct other than official. acts Of Village officers of employees s'iall he Rteilty of a nlsdomeanor, and upon conviction shall be punished by a fine of not more than sion or by irnrisonment for not more than 10 days. ORDINANCE NO. 147 AN ORDINANCE PROVIDING FOR CIVIL DEFENSE AND FOR PRO- TECTION AND PROMOTION OF PUBLIC SAFETY, HEALTH, AND WELFARE IN THE VILLAGE OF MAPLEWOOD DURING CIVIL DE- FENSE EMERGENCIES THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES ORDAIN: Section 1. The model municipal civ- il defense ordinance set forth as Ap- pendix No. 6 to Municipal Prototype Plan of the Minnesota Survival Plan prepared and published by the State of Minnesota, Department of Civil De- fense, three copies of which ordinance are on file in the office of the Village Clerk of Maplewood, is hereby adopt- ed as the civil defense ordinance of the Village. Every provision contained in such ordinance is hereby adopted and made a part of this ordinance as fully as if set forth explicitly herein. Adopted by the council this lat day of March, 1962. s/ Forrest R. Schmid Mayor Ayes - 5 Nays - 0 Attest: a/ James M. Hafner Clerk Review March 21, 1962 #ate of �Ninitesrda >SS. County of Ramsey () T. R. Lillie --------------------------------------------------------------------- being duly sworn, on oath says: that he is, and during all the times herein stated has been--------------------------------------------- the---------------------------------------publisher of the newspaper known as Ramsey County Review, and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publica- tion therein of the - Ordinance ---------------------------------------------------------------------------------- -----------------------------------------------------------------------------------hereinafter described, said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey. State of Minnesota, on Wednesday of each week; that during all said time said newspaper has been print- ed in the English language from its known office of publication within the Village from which it pur- ports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued once each week from a known office established in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and the presswork on that part of the newspaper devoted to local news of interest to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty- five per cent of its news columna have been devoted to local news of interest to the community it pur- ports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local post office; and that a copy of each issue has been filed with the State Historical Society, St. Paul; and that there has been on file in the office of the County Auditor of Ramsey County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the -------- 0r�-' ilC!E!---------------------------hereto attached was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ------ one successive weeks; that it w afirst so published on Wednesday the___ 21st'---------- day of --- March -------------------- 1�_: and thereafter on Wednesday of each week to and including the ------------------- day of ------------------------------ 19____; and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghi jklmnoparstuvwxYz y � --------- -' - -�--- ---------------------t ------------ 21- f _ 62 -� 1�7 ch _ 19-___ Subscribed and sworn to before -------- -- d - ---------- --f-"-"-"""""-' --t------------------------- Notary it ic,---------------------------------------County, Minn. My commission expires --------------------------------------------19---- P � AGEK, Minn. Notary `PUbiic,1Ra�seY SePt, low, 1960 MY �On�l;sslon ExPirec Sept.