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:
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e:
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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...
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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.
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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."
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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.
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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.