HomeMy WebLinkAboutNo 378 Providing for Civil Defense and for Protection and Promotion of Public Safety, Health and Welfare in the City of Maplewood During Civil Defense EmergenciesORDINANCE NO. 37o"
AN ORDIMICE PROVIDING FOR CIVIL DITrERSE
AND FOR PROTECTION AM) PRCWTION OF PLIC
SArETY, IiI?.'LL'.l'li AND WELFARE IN 1'Hd. CITY OF
VAFLI: A.WD DURING CIVIL DEFENSE 12-1E iGENCIES
'sae Council of the City of Maplewood does hereby ordain as follows:
Section 1.
Chapter 601 of the Municipal Code is hereby amended to rend as follows:
601.010. POLICY AIM PURI't"dSES. Because of the existing and increasing possibility of
the occurence of disasters of imprecedented size and destructiveness resulting from
ener;:.7 attach, sabotage, or other hostile action, or frotti fire, flood, earthquake or
other natural causes, and in order to Insure that preparations of this City will be
adecuate to deal with :such disasters, it is hereby fouri<.I and declared to be necessary:
(a) To establish a local emergency preparedness agency;
(b) To provide for the exercise of necessary powers during civil defense emergencies;
(c) To provide for the rendering of mutual raid between this City azzd other political
subdivisions of this state and of other states with respect to the carrying out
of civil defense functions.
601.020. DEFINITIONS. "Unnergency Preparedness", jeans the preparation for and the
carrying out of all wwrGency functions, other than functions for which military forces
are primarily responsible, to prevent, minimize and repair injury and dam*, -,e resulting
from disasters caused by energy attack, sabotages or other enemy hostile actions, or from
fire, flood, earthquakes or other natural causes. 'These functions include, without lim-
itation, firefighting services, police services, medical and health services, rescue,
en inecrin. , air-raid warning services, communications, radiological, chemical and other
special weapons defense, evacuation of parsons from stricken areas, emergency welfare ser-
vices, emergency transportation, existing or properly assigned functions of plan: protect-
ion, taV. orary restoration of public utility :services, and other functions related to
civilian protection, together with all other activities necessary or incidental to pre-
paration for and the carrying out of the foregoing functions.
"Civil defense emergency! Means an emergency declared by the governor under Minn.
Stats. Sec. 12.31
"Civil defense forces" means: any personnel evployed by the City and any other volunteer
or paL =ether of tlYe local civil defense agency engaged in carrying on civil defense
functions in accordance with the provisions of this ordinance or any rule or order there-
under.
6031.030. ES`I`&BLISiKWT OF DIERGENCY PREPAREDNESS (CIVIL DEFENSE) AGENCY. ih.ere is
hereby created within the City ;government ra civil defense Agency which shall be named
the Office of IInergency Preparedness, which shall be under the supervision and control of
a director of emergency preparedness, hereafter called the director. The director shall
be appointed by the Mayor and shall serve for an indefinite term, And shall receive a
salary determined by the Council. In a civil defense emergency he may be removed by the
Mayor summarily or suspended; and at other times he may be removed by the Mayor for cause
rafter an opportunity to be heard. The director shall have direct responsibility for the
organinati.on, administration and operation of the emergency preparedness agency, subject
to the direction and control of the council. the emergency preparedness agency shall be
organized into such divisions and bureaus, consistent with state and local civil defense
plans, as the director deems necessary to provide for the efficient performance of local
civil defense functions during a civil defense emergency. The emergency preparedness
agency shall perform civil defense functions within the city and in addition snail conduct
such functions outside the city as may be required pursuant to the provisions of the
Minnesota Civil Defense Act of 1951 as amended or this ordinance.
501.040. POWERS AND DUTIES OF THE DIRECTOR. The director, with to consent of the
council, shall represent the city on any regional or state organization for civil defense.
He shall develop proposed mutual aid agreements with other political subdivisions within
or outside the state for reciprocal civil defense aid and assistance in civil defense
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
defense plan and during a civil defense emergency it shall be the duty of the civil defense
agency and civil defense forces to render assistance in accordance with the provisions of
such mutual aid agreements. Any mutual aid arrangement with a political subdivision of
another state shall be subject to the approval of the governor.
The director shall make such studies and surveys of the manpower, industries resources,
and facilities of the city as he deems necessary to determine their adequacy for civil
defense and to plan for their most efficient use in time of a civil defense emergency.
The director shall prepare a comprehansive ,general plan for the emergency preparedness
agency of the city 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 emergency preparedness forces of the city to perform the duties and
functions assigned by the plan as approved. The plan may be modified in like manner from
time to time, The director shall coordinate the civil defense activities of the city to
the end that they shall be consistent and fully integrated with the civil defense plan
of the federal government and the state and correlated with the civil defense plans of
other political subdivisions within the state.
in accordance with the state and city emergency preparedness plan, the director shall
institute such training programs and public information programs and shall take all other
preparatory steps, including the partial or full mobilization of civil defense forces in
advance of actual disaster, as may be necessary to the prompt and effective operation of thl
city emergency preparedness plan in time of a civil defense emergency. He may, from time
to time, conduct such vicil defense exercises as ?ie may deem necessary.
The director shall utilize the personnel, services, equipment, supplies and facilities
of existing departments and agencies of the city to the maxim= 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 emergency
preparedness agency and to the governor upon request. The head of each department and
agency, in cooperation with and under the directions of the director, shall be responsible
for the planning and programming of such civil defense activities as will involve the
utilization of the facilities of his agency or department.
The director shall, in cooperation with existing city departments and agencies affected,
organize, recruit, and train auxiliary police, emergency medical personnel, and any other
personnel that may be required on a volunteer basis to carry on the emergency preparedness
plans of the city and the state. TO the extent that such emergency personnel is recruited
to augment a angular city department or agency for civil defense emergencies, it shall be,
assigned to such department or agency for purposes of administration and command. The
director may dismiss any civil defense volunteer at any time and require him to surrender
any equipment and identification furnished by the city.
Consistent with the emergency preparedness plan, the director shall provide and equip
emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and
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other facilities, or conveyances for the care of injured or homeless persons.
The director shall cavy out all orders, rules and regulations issued by the governor
with reference to civil defense.
The director shall direct and coordinate the general operations of all local emergency
preparedness forces during a civil defense emergency in conformity with controlling reg-
ulations and instructions of state civil defense authorities. The heads of departments
mid agencies shall be governed by his orders in respect thereto.
Consistent with the emergency preparedness plan, the director shall provide and
equip at some suitable place in the city a control center and. if required by the state
civil defense plan, an auxiliary control center to be used during a civil defense emer-
gency as headquarters for direction and coordination of urgency preparedness forces.
He shall arrange for representation at the control center by municipal departments and
agencies, public utilities and other agencies authorized by federal or state authority to
carry on civil defense activities during a civil defense emergency. He shall arrange for
the installation at the control center of necessary facilities for communication with and
between heads of civil defense divisions, the stations and operating units of municipal
services and other agencies concerned with emergency preparedness and for coanamunicaation
with other communities and control centers within the surrounding area and with the federal
and state agencies concerned,
During the .first 30 days of a civil defense emergency, if the legislature is in sessior
or the governor had coupled his declaration of the emergency with a call for a special
sission of the legislature, the director may, when necessary to save life or property,
require any person, except members of the federal or state military forces and officers
of the state or any other political subdivision, to perform services for civil defense
purposes as he directs, and he may commandeer* for the time 1 eiantg, any motor vehcile,
tools, applicanees or any other property, subject to the owner's right to just compensation
as provided by law.
601.050. GENERAL PROVISIONS 4N BM(=CY pREpAljMWSS (CIVIL DEFENSE) WORKERS,
No person shall be employed or associated in any capacity in the emergency preparedness
agency who advocates or had advocated a change by force or violence in the constitutional
fora of government of the United States or in this state or the overthrow of any goverment
in the United States by force or violence, or who has been convicted of or is under in-
dictment for information charging any subversive act against the United States. Each person
who is appointed to serve in the emergency preparedness 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 civil defense or the director.
The oath shall be substantially in the form prescribed by Minn. Stats. Sec. 12.43 and rends
as follows:
"I , do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of Minnesota
against all enemies; foreign or domestic; that I will bear true faith and allegiance
to the same, that I take this obligation freely, without any mental reservation of
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter. And I do further swear (or affirm) that I do not advocate,
nor am I a member of any political party or organisation that advocates the overthrow
of the Government of the United States or of this state by force or violence; and that
during such time as I arra a member of the -ftcivil defense agency,
I will not advocate nor became a member of any political party or organization that
advocates the overthrow of the Goverment of the Unit4d States, or of this state,
by force or violence."
Emergency preparedness volunteers shall be called into service only in case of a civil
defense emergency or a natural disaster for which the regular municipal forces are inade-
- 3 -
quate or for necessary training and preparation for such emergencies, All volunteers
shall serge without compensation,
Emergency preparedness volunteers shall be providers with such suitable insignia or
other identification as may be required by the director. Such identification shall be
in the ford and style approved by the federal government, No volunteer shall exercise
any authority over the persons or property of others without his identification, No
person, except authorized volunteers, shall use the identification of a volunteer or
otherwise represent himself to be an authorized volunteer.
No emergency preparedness volunteer shall tarry any firearm whiles go duty t
on written order of the chief of the police department,
Personnel procedures of the city applicable to regular employees shall not apply
to volunteer emergency preparedness workers but shall apply to paid emp, oyees of the
emergency preparedness agency.
601sO60. EMERGENCY REMATIONS, Wherever necessary to meet a civil defenses emer-
gency
envy or to prepare for such an emergency for which adequate regulations have not been
adopted by the governor or the city council, they mayor amy by proclamation promulgate
regulations, consistent with applicable federal or state low or regulation respecting;
protection against airraids; the sounding of air-raid alarms, the: conduct of persons and
the use of property during, alarms, the repair, maintenance, and safeguarding of essential
public services, emergency health, fire* and safety regulations, trial drills or practice
periods required for preliminary training; and all other matters which are required to
protect public safety, health, and welfare in civil defense emergencies, No regulation
governing observation of enemy aircraft, air attack, alarms, or illumination during air
attacks shall be adopted or take effect unless approved by the state director'of civil
defense .
Every proclamation of emergency regulations shrill be in writing and signed by the
mayor, shall be dateed, shrill refer to the particular civil defense: emerge* to which it
pertains, if so limited, and shall be filed in the office of the city clerk, where a copy
shall be dept posted and available for public inspection during business hours. Notice
of the existences of such regulation and its availability for inspection at the clerk's
office shall be conspicuously posted at the front of the city hall or other headquarters
of the city and at such other places in the affected area as the maayor shall designate in
the proclamation. Thereupon_ the regulation shall take effect immediately or at such later
time as may be specified in the proal tion, By like proclamation the mayor may modify
or rescind my such regulation,
The city council may rescind any such regulation by resolution at any time. If not
sooner recinded, every such regulation shall expire at than end of 30 days after its effect-
ive date or at the eyed of the civil defense emergency to which it relates, whichever occurs
first. Any ordinance, rule or regulation inconsistent with an emergency regulation pro-
mulaaated by they mayor shall be suspended eluting the period of time and to the extent that
such conflict exists.
During a civil defense emergency the city is, notwithstanding any statutory or charter
Provision to the contraary$ empowered,, through its governing body acting within or without
the corporate limits of the city, 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 to the victims of such disaster, The city may exercise
such powers in tete light of the exigencies of the disaster without compliance with time
consuming procedures and formalities, prescribed by law pertaining to the performance of
pulalic work, enterin; into contracts, incurring of obligations, employment of to ovary
workers, rental of equipment, purchase of supplies and materials. limitations upon Calx
levies, and the appropriation and expenditure of public funds, for example, but not limited
4 -
to, publication of ordinances and resolutions, publication of calls for bids, provisions
of civil service laws and rules, provisions relating to low bids, requirements for budgets
601470, Et°IERGENCY PREPAREDNESS ABY PRAC13DUPX. There is hereby established an
account in the general fund to be known as the emergency preparedness accounto into this
account shall be placed the proceeds of taxes levied for civil defense, money transferred
from other funds, gifts and other revenues of the w-aergency preparedness agency. From it
shall be made expenditures for the operation and maintenance of -the emergency preparedness
agency and other civil defense expenditures.
The director shall, as soon as possible after the enol of each fiscal year, prepare
and present to the city council for the information of the council and the public, a com-
prehensive report of the activities of the emergency preparedness agency during the year.
601*080. C0MORKITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY. Every officer
and agency of the city shall cooperate with federal and state authorities and with author-
ized agencies engaged in civil defense and emergency measures to the fullest possible
extent consistent with the performance of thtir other duties. The provisions of this ord-
inance and of all regulations made thereunder shall be subject to all applicable and con-
trolling provisions of federal and state laws and of regulations and orders issued there-
under and shall be deemed to be suspended and inoperative so far as there is any conflict
therewith. The city chief of police may appoint any qualified person holding a position
in any agency created under federal or state authority for civil defense purposes as a
special policeman of the city, with such police powers and duties within the city incident
to the functions of his position, not exceeding those of a regular polices of the city
as may be prescribed in the appointment. Every such special policeman shall be subject to
the supervision and control of the chief of police and such other police officers of the
city as the chief may designate.
601.090. ZKMGENCY PREPAREDNESS A GONE1R1& 'lid. FUNCTION* All functions hereunder and
all other activities relating to emergency preparedness are hereby declared to be govern-
mental functions. The city, and except in cases of willful misconduct, its officers, agent
esVloyeen, or representatives engaged in any emergency preparedness activities, while com-
plying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended
(Minn. State. Secs. 12.01 to le.46) or with this ordinance or any rule, regulations or
order made thereunder, 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
affect the right of any person to receive benefits to which he would otherwise be entitled
ander 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.
601.100. PROHIBITED ILLUKINATI€iN A NUISANCE. Any illumination within the city con-
trary to the provisions of this or any other ordinance pertaining to emergency preparedness
or of any regulation adopted thereunder or of any federal or state law, regulation, or
order shall be deemed a public nuisance. Any regular Cor auxiliary) policemen may abate
such nuisance summarily or may tale any other action necessary to enforce such provisions,
including entry on private property and the use of whatever reasonable force is necessary.
641.110. PARTICIPATION IN LAR DISPui2 OR POLITICS, The emergency preparedness
agency shall not participate in any form of political activity nor shall it be employed
directed or indirectly for political purposes, nog- shall it be employed in a legitimate
labor dispute.
601.120. PENALTY. Any person who violates any provision of this ordinance or of any
regulation adopted thereunder relating to acts, omissions, or conduct other than official
acts of the city officers or employees, shall be guilty of a misdemeanor, and upon con-
viction shall be punished by a fine of not more than $100 or by imprisonment for not more
than 10 days.
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Section 2.
This ordinance shall take effect upon passage and publication.
Passed by the City Council of the City of Maplewood
this 17th day of October, 1974.
Mayor
Attest:
Ayes - 5
Clerk Nays - 0
AFFIDAVIT OF PUBLICATION
*8b of ciitute"M
County of RamI
sey
........................... N... T}leo. — Lillie......... I .................. being duly sworn, onoi says
he is and during at l the times herein stated has been the ........................... .... .. .......................
........ .. ..........................r...,..,.......... ,........ ...... ......,..�.. �..........,.y....,,,,,.
atht has full knowledge o the facts M1ereln stated as follows: (11 Said newspaper is printed in the
English language In newspaper format and In column and sheat form equivalent In printed space to at
least 900 square Inches. 101 Said newspaper is a weekly and is distributed at least once each weak.
(3) Said newspaper has W percent o ib news columns devoted to news W local Interest to the coon
munity which it purports to serve and does not wholly dupplicate any other publication and is not made
up entirely W patents, plate matter and advertisements. f') Said newspaper Is circulated in and near
Me municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more Men
three months in arrears and has entry as second class matter In its local oostoffice. (5) Said newspapper
purports to serve the Village of Maplewood In the County o Ramsey and It has Its known oXice
W Issue in Me Village of North St. Paul in said county, established and open during Its regular
business tours for Me gathering o news, sale W advertisements and sale of subacrlptions and main-
tained by Me publisher of said newspaper or persons In his employ and subject to itis direction and
control during all such regular business hours at which mid newspaper Is printed. (6) Said news
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi
cation mentioned below. (W Said newspaper has filed with the Secretary o State W Minnesota prior
M January 1, 1966, and each January 1 thereafter an affidavit In the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a Wary public stating that the newspaper is
a legal newspaper.
He furmer stateson path that the printed ...P;7#nA71Ce No• 8
. _................ _........ ................... hereto attached as a part hereof was cut from Me columns
W said newspaper, and was printed and published therein in the English language, once each weak, for
.. ... _ _ .....one... .. .. successive weeks; that It was firstsopublishhedan We nines lay the -- ..lath
day of . .. ...... DeC@mb.er....................... ...... 0119.74rd was thereafter printed and pub
fishep on every Wednesday to and Incl uding Wednesday the ............... day of ....................................
................................................. 19.... and that the following Is a printed copy M Me (ower case alphabet
from A M Z, both Inclusive, and is hereby acknowledged as bei Me size and kind of type used in
the composition and publication of said notice/motto' wilt::
abaacadd�yyefyypyyhyyiiµsks,lmonpgrsiuvwxyz `
.................yy..�....................t.......................................7..,.s
Subscribed and sworn to before me this . ...18tVa Deoe'mber 1914
. .J.. rn2! ..
NoterypuWlc ..............BEATRICE S... ENRIGHT... y'Minhasof,
Notary Publle, Ramsey County, Minn.
MycotmnissionEl'Irr>Commission Expires -Sept: -8, 1978
ORDINANCE NO. 378
AN ORDINANCE PROVIDING FOR CIVIL DEFENSE
AND FOR PROTECTION AND PROMOTION OF
PUBLIC SAFETY, HEALTH AND WELFARE IN THE
CITY OF MAPLEWOOD DURING CIVIL DEFENSE
EMERGENCIES. THE COUNCIL OF THE CITY OF
MAPLEWOOD does hereby ordain as fmlows:
Section 1.
Chapter 601 of the Municipal Code is hereby amended
to read as follows:
601.010. POLICY AND PURPOSES. 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 m order to insure that preparations of this
City will be adequate to deal with such disasters, it is
hereby found and declared to be necessary.
(a) To establish a local emergency preparedness
agency;
(b) To provide for the exercise of necessary powers
during civil defense emergencies;
(c; To provide for the rendering of mu'.,al aid bet
.Per. t" 5 r'y and other political subdiv's "s Of this
±ate ana of Other states with respect to the carrying Out
of civil defense functions.
601.030. DEFINITIONS. "Emergency Preparedness"
means the preparation for and the carrying out of ah
emergency functions, other than functions for which
military forces are primarily responsible, to prevent,
mmnimize and repair injury and damage res.,tting from
disasters caused by enemy attack, sabotage, or other
enemy hostile actions, or from fire, flood, earthquake,
or other natural causes. These functions include,
without limitation, firefighting services, police ser
vices, medical and health services, rescue, engineering,
air raid warning services, communications,
radiological, chemical and other special weapons
defense, evacuation of persons from stricken areas,
emergency welfare services, emerg"ncy Iran
sportation, existing or property 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 the carrying out of
Me foregoing functions.
"Civil defense emergency" means an emergency
declared by the governor under Minn. Stats. Sec. 12.31.
"Civil defense forces' means any personnel em
ployed by the City and any other volunteer or paid
member of The local civil defense agency engaged in
carrying on civil defense functions in accordance with
the provisions of this ordinance or any rile or order
thereunder
601.030. ESTABLISHMENT OF EMERGENCY
PREPAREDNESS (CIVIL DEFENSE) AGENCY.
There is hereby created within The City government a
civil defense agency which shall be named the Office of
Emergency Preparedness, which shall be under the
supervision and control of a director of emergency
preparedness, hereafter called the director. The
director shall be appointed by the Mayor and shall serve
for an indefinite term, and shall receive a salary
determined by the Council. Ina civil defense emergency
he may be removed by the Mayor summarily or
suspended: and at other times he may be removed by
the ,Mayor for cause after an opportunity to be heard.
The director shall have direct responsibility for the
organization, administration and operation of The
emergency preparedness agency, subject to the
direction and control of the council. The emergency
preparedness agency shall be organized into such
divisions and bureaus, consistent with state and local'
civil defense plans, as the director deems necessary to
provide for the efficient performance of local civil
defense functions during a civil defense emergency. The
emergency preparedness agency shall perform civil
defense functions within the city and In addition Shall
Conduct such functions Outside the city as may be
required pursuant t0 the provisions of the Minnesota
Civil Defense Act of 1951 as amended or this ordinance.
601.040. POWERS AND DUTIES OF THE OIREC
TOR. The director, with the consent Of the cou,^Jl, shall
represent the City on any regional or state organization
for civil defense. He shall develop proposed m„tual aid
agreements with other political subdivisions within or
outside the state for reciprocal civil defense aid and
assis'ance in civil defense emergency too great 10 be
dealt with unassisted, and he shall present such
agreements to the council for its action. Such
arrangements shall be consistent with the stale civil
defense plan and during a civil defense emelgencY it
shall be the duty of the civil defense agency and civil
defense forces to render assistance in accordance with
the provisions of such mutual aid agreements. Any
mutudl aid arrangement with a political subdivision Of
another state shall be subject to the approval Of the
governor.
The director shall make such studies and surveys Ot
the manpower, industries resources, and faciHilesof the
city as he deems necessary to determine Their adequacy
for evil defense and to plan for their most efficient use
in time of a civil defense emergency.
The director shall prepare a comprehensive general
plan for the emergency preparedness agency of the city
and shall present such plan t0 the council the plan p-
provai. When the council has app
by
resolution, it shall be the duty of all municipal agencies
and all emergency preparedness forces of the city to
perform the duties and functions assigned by the plan as
approved. The plan may be modified in like manner
from time to time. The director shall coordinate the
civil defense activities of the city to the end that Me?
shall be consistent and fully integrated with fie civil
defense plan of the federal government and the state
and correlated with the civil defense plans of Other
potil,cal subdivisions within the state.
In accordance with the state and city emergency
preparedness plan, the director shall institute Such
training programs and public information programs
and shall take all other preparatory steps, including the
partial or full mobilization of civil defense forceS in
advance of actual disaster, as may be necessary to the
prompt and effective operation of the city emergency
preparedness plan in time of a civil defense emergency.
He may, from time to time, conduct such civil defense
exercises as he may deem necessary.
The director shall utilize the personnel, Services,
equipment, supplies and facilities of existing depart-
ments and agencies of the city to the maximum extent
practicable. The officers and personnel of all Such
departments and agencies shall, to the maximum ex-
tent practicable, cooperate with and extend such ser.
vices and facilities to the local emergency preparedness
agency and to the governor upon request. The head of
each department and agency, in cooperation with and
under thedirections of the director, shall be responsible
for the planning and programming of such civil defense
activities as will involve the utilization Of the facitlfies OF
his agency or department.
The director shall, in cooperation with existing city
departments and agencies affected, organize, recruit,
and train auxiliary police, emergency medical per-
sonnel, and any other personnel that may be required on
a volunteer basis to carry on the emergency
preparedness plans of the city and the state. To the
extent that such emergency personnel is recruited to
augment a regular city department or agency for civil
defense emergencies, it shall be assigned to such
department or agency for purposes of administration
and command. The director may dismiss any civil
defense volunteer at any time and require him to
surrender any equipment and identification furnished
by the city.
Consistent with the emergency preparedness 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.
The director shall carry out all orders, rules and
regulations issued by the governor with reference 10
civil defense.
The director shalt direct and coordinate the general
operations of all local emergency preparedness forces
during a civil defense emergency in conformity with
controlling regulations and instructions of state civil
defense authorities. The heads of departments and
agencies shall be governed by his orders it *"pect
thereto
consistent with the emergency preparedness alar,
the director shall provide and equip at some suitable
place in the city a control center and, if required 0y the
state:v yefenseplan, anauxiliary control center Mbe
:.sed avr,r'g a civil defense emergency as headquarters
for direction and coordination of emergency
preparedness forces. He shall arrange for -epresen.
talion at the control center by municipal departments
and agencies, public utilities and other agencies
authorized by federal or state authority to carry on civil
defense activities during a civil defense emergencv- He
shall arrange for the installation at the control center Of
necessary facilities for communication with and bet
ween heads of civil defense divisions, the stations and
operating units of municipal services and other agen-
cies concerned with emergency preparedness and for
communication with other communities and control
centers within the surrounding area and with the
federal and state agencies concerned.
During the first 30 days of a civil defense emergency,
if the legislature is in session or the govemor had
coupled his declaration of the emergency with a call for
a special session of the legislature, the, director may,
when necessary to save life or property, require any
person, except members of the federal or state military
forces and officers of the state or any other political
subdivision, 10 perform services for civil defense
purposes as he directs, and he may commandeer, for
the time being, any motor vehicle, tools, aPpliances or
any other property, subject to the owner's right to just
compensation as provided by law..
601.050. GENERAL PROVISIONS ON EMERGENCY
PREPAREDNESS (CIVIL DEFENSE) WORKERS, NO
person shall be employed or associated in any capacity
in the emergency preparedness agency who advocates
or had advocated a change by force or violence in the
constitutional form of government of the United States
or in this state or the overthrow of any government in
the Unitec 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 emergency
preparedness agency shall, before entering upon his
;tubes, lake an oath in writing before a person
authorized to administer oaths in this state, or before
any officer of the state department of civil defense or
the director. The Oath Shall be substantially in the form
prescribed by Minn. Stats. Sec. 11.43 and reads as
follows
"I . I gu suiemnly swear (or affirm)
that i will support and defend the Constitution of the
United Stsies and the Constitution of the State of Min
nesota against all enemies; foreign or domestic; that 1
will bear irje faith and allegiance to the same, that I
take this obligation freely, without any mental reser
vation Of purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to
enter. And I do further swear (or affirm) that I do not
advocate, nor am I a member of any political party or
organization that advocates the Overthrow of the
Government of the Untied States Or of this state by force
or volence; and that during such time as I am a
rriemoer of the .......... civil defense agency, i will not
advocate nor become a member of any political party or
organization that advocates the overthrow of the
Government of the United States, or of this state, by
force or violence."
Emergency preparedness volunteers shall be called
into service only in case of a civil defense emergency or
a natural disaster for which the regular rnunicipal
forces are inadequate or for necessary training and
preparation for such emergencies. All volunteers shall
serve without compensation.
Emergency preparedness volunteers shali be
provided with such suitable insignia or other Iden
tification as may be required by the director. Such
identification shall be in the form and style approved by
the federal government. No volunteer shall exercise any
authority over the persons or property of others without
his identification. No person, except authorized
volunteers, shall use the identification of a volunteer or
otherwise represent himself to be an authorized
volunteer.
No emergency preparedness volunteer small carry
anyfirearm while on duty except on written Order of the
Chief of the police department.
Personnel procedures of the city applicable to regular
employees shall not apply to volunteer emergency
preparedness workers but shall apply to paid employees
of the emergency preparedness agency.
501.060. EMERGENCY REGULATIONS. wherever
necessary to meet a civil defense emergency or to
prepare for such an emergency for which adequate
regulations have not been adopted by the governor or
the city council, the mayor may by proclamation
promulgate regulations, consistent with applicable
federal or state law or regulation respecting: protection
against airraids; the sounding of air raid alarms, the
contluct of persons and the use of property duGng
alarms, the repair, maintenance, and safeguarding of
essential public services, emergency healthfire and
safety regulations, trial drills or practice periods
required for preliminary training; andall other matters
which are required to protect public safety, neaith, and
welfare in civil defense emergencies. No regulation
governing observation of enemy aircraft, air attack,
alarms, or illumination during air attacks shall be
adopted or take effect unless approved by the state
director of civil defense.
Every Proclamation of emergency regulations snarl
be in writing and signed by the mayor, shall be dated,
shall refer to the particular civil defense emergency to
which it pertains, if so limited, and shall be fled in the
office of the city clerk, where a copy shall be'cept posted
and available for public inspection during business
hours. Notice of the existence of such regulation and its
availability 'or inspection at the clerk's office shall be
conspicuously posted at the front of the city hall or other
headquarters of the city and at such other places in the
affected area as the mayor shall designate in the
Proclamation. Thereupon the regulation shall take
effect immediately Or at such later time as may be
specified in the proclamation. By like proclamation the
mayor may modify or rescind any such regulation.
The city council may rescind any such regulation by
resolution at any time. It not sooner rescinded, every
such regulation shall expire at the end of 30 days after
its effective date or at the end of the civil defense
emergency to which it relates, whichever oc:urs first.
Any ordinance, rule or regulation inconsistent with an
emergency regulation promulgated by the mayor shall
Pe suspended during the period of time and to the extent
that such conflict exists.
During a civil defense emergency the city is, ro,
withstanding any statutory or charter provision to the
contrary, empowered, through its governing body
acting within or without the corporate limits of the city,
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 to the victims of such disaster.
The city may exercise such powers in the light of the
exigencies of the disaster without compliance with time
consuming procedures and formalities, prescribed by
law Per'aining to the performance of public work, an
tering into contracts, incurring of obligations, em-
ployment of temporary workers, rental of equipment,
purchase of supplies and materials, limitations upon tax
levies, and the appropriation and expenditure of public
funds, for example, but not limited to, publl. cation of
ordinances and resolutions, publication of calls for bids,
provisions Of civil service laws and rules, IXpvis%ons
retlltfng to low bids, requirements for budgets.
601till EMERGENCY PREPAREDNESS AGENCY
-
PROCEDURE. There is hereby established an account
in the general fund to be known as the efinergencv
preparedness account. Into this account shall be placed
the Proceeds of taxes levied for civil defers,^. money
transferred from other funds, gifts and other rev~.S
of the emergency preparedness agency. From it shall
be made expenditures for the operation and main
tenance of the emergency preparedness agency and
Other civil defense expenditures.
The director shall, as soon as possible after the end of
each fiscal year, prepare and present to the city council
for the information of the council and the public, a
comprehensive report of the activities of the emergency
preparedness agency during the year
601.060. CONFORMITY AND COOPERATIONVi
FEDERAL AND STATE AUTHORITY. Every officer
and agency of the city shall cooperate with federal and
state authorities and with authorized agencies engaged
in civil defense and emergency measures to the fullest
possible extent consistent with the performance of their
Other duties. The provisions of this ordinance and of
regulations made thereunder shall be subject to alt an
applicable and controlling provisions of federal d
state laws and of regulations and orders kasued
thereunder and shall be deemed to be suspended and
inoperative so far as there is any conflict therewi th The
city chief of police may appoint any qualified person
holding a position in any agency created under federal
or state authority for civil defense purposes as a special
Policeman of the city, with such police Powers and
duties within the city incident to the functions of his
Position, not exceeding those of a regular policeman of
the city as maybe prescribed in the appointmer' Every
such special policeman shall be subject to the sup,,:
vision and control of the chief of Police and such other
Police officers of the city as the chief may designate.
601.090. EMERGENCY PREPAREDNESS H
GOVERNMENTAL FUNCTION. All functions
hereunder and all other activities relating to emergency
Preparedness are hereby declared to be governmental
functions.. The city, and except in cases of willful
misconduct, its officers, agent, employees, or
representatives engaged in any emergency
preparedness activities, while complying with of at-
tempting 70 comply with the Minnesota Civil Defense
Actof 1957 asamended (Minn. Stats. Secs. 122.01 to le,46)
Or with this ordinance or any rule, regulations or order
made thereunder, shall not be liable for the death of or
any ;njory to persons, or damage to property ase, resuft
01'such activity. The provisions of this section shaft no
affect ice right of any person to receive behetifs to
which he would otherwise be entitled under this or-
dinance or under the workmen's compensation law, or
under an Pension law, nor the right of any such person
to receive any benefits or compensation under any act
of Congress.
601.100. PROHIBITED ILLUMINATION .A
NUISANCE. Any illumination within the city contrary
to the provisions of this or any other ordinance per
taining to emergency preparedness 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) policemen may abate such
nuisance summarily or may take any other action
necessary to enforce Such provisions, including entry on
Private Property and the use of whatever reasonable
force Is necessary.
601.110. PARTICIPATION IN LABOR D,SPu TE Oct
POLITICS. The emergency preparedness agency,shali
not Participate in any form of political activity nor Shalt
it be employed directed or indirectly for political pur
Poses, nor shall it be employed in a legitimate labor
dispute.
607.120. PENALTY. Any Person who vjo)ates any
Provision of this ordinance or of any regulation adoptee}
thereunder relating to acts, omissions, or conduct other
than official acts of the city officers or employees, shall
be guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not more than $700 or by im-
prisonment for not more than 10 days.
Section 2.
This ordinance shall take effect upon passage and
Publication.
Passed by the City Council of the City of Maplewood
this 17th day of October, 1974.
S_ Robert T Bruton
Attest: Mrs. Lucille E. Aurelius Mayor
City Clerk
Ayes 5, Nays - 0
(Review: Dec. 18, 1974)