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HomeMy WebLinkAbout658ORDINANCE NO. ORDINANCE CREATING AND ESTABLISHING A CIVIL DEFENSE AGENCY IN BATESVILLE, ARKANSAS; PROVIDING FOR A DIRECTOR THEREOF; GRANTING CERTAIN POWERS, PRESCRIBING THE DUTIES THEREOF; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. POLICY AND PURPOSE (a) Because of the existing and increasing possibility of the occurence of disasters of unprecedented size and des- tructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other nat- ural causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace; health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: (1) to create a City Civil Defense Agency; (2) to provide for the rendering of mutual aid to other cities within the State of Arkansas, and those adjoining states, and to co- operate with the State Government with respect to carrying out Civil Defense functions. (b) It is further declared to be the purpose of this Ordinance and the policy of this City that all Civil Defense functions of this City be coordinated to the maximum extent with the comparable functions of the State Government including its various departments and agencies, of other cities and localities, and of private agencies of every type,,to the end that the most effective preparation and use may be made of this city's man- power, resources, and facilities for dealing with any disaster that may occur. (c) It is further declared to be the purpose of this y Ordinance, and the policy of this City to organize its Civil Defense organization in conformity with the Arkansas Civil De- fense Plan as directed by Act 321 of 1953, which is cited as "The Arkansas Civil Defense Act of 1953." SECTION 2. DEFINITIONS As used in this Ordinance: (a) "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake, or other natural causes. These functions include, without limit- ation, fire fighting services, 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 (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other act- ivities necessary or incidental to the preparation for and carrying out of the foregoing functions. SECTION 3. POWERS OF THE MAYOR The Mayor of the City shall be responsible for and have general direction and control of the civil defense of this City. In addition to the powers and duties the Mayor now has, he shall have such additional powers granted and conferred by this Ordin- ance not inconsistent with other Ordinances of this City. SECTION 4. DIRECTOR OF CIVIL DEFENSE The Mayor, with the consent of the City Council, is hereby authorized to appoint a Director of Civil Defense, who shall perform such duties as are imposed upon him by this Ordin- ance, and as are delegated to him by the Mayor when not contrary to other Ordinances of this City. SECTION 5. DUTY OF DIRECTOR The Director shall coordinate the activities of all organizations for Civil Defense within this City and shall maintain liaison with and cooperate with the Civil Defense agencies and organizations within the State and with the State Government. SECTION; u. ADVISORY COUNCIL There is hereby created a Civil :Defense Advisory Council consisting of citizens appointed by the Mayor who shall advise the Mayor and the Director on all matters pertaining to Civil Defense. The Mayor shall serve as chairman of the council and the members thereof shall serve without com- pensation. SECTION 7. DUTIES (a) In performing his duties under this Ordinance, the Mayor, or the Director of Cavil Defense when such authority is delegated to him by the Mayor, is authorized to cooperate with the State Government, with other cities and counties, and with private agencies in all matters pertain-ing to the Civil Defense of this City and of the State. (b) In perform --n— tris duties under this Ordinance and to effect its policy and purpose, the Mayor is further authorized and empowereu; (1) To make, amend, and rescind the necessary orders, rules, and reCD ulations to carry out the provisions of this Ori-i'_nance wii:hJn the -t m -its of the authority conferred upon 14Im hereiil, with due consideration of the plans of file :state Govern- me-at. Overn- meint. (2) To prepare a comprehensive plan and }-ro,-ram for -. ie C- vii Defense of this v'' ty, such plan a -Ld program to be n- to rated _nt0 and COOrCi s:atC'Cl ti7J_ti1 t1C --L I �efCnSr pians O1. the Stcase Govern. -=Hent and of c)L1jcr c"f Lies ai.d Count:' -es C•Ii :hin z --he State- Lo tateto the fullest. exterit . r� (3) in accordance wLth such plan and pro;ram for Lhe Civil defense of th_'_S iULL , LO ins- Itut-e proID rams and public -_Lnformation pro ;rams, al.ci Lo ta?-.e all other preparatory SLOPS :.1>ClUu_itd "Che part'_ai or f� .l i mom moi_ _zal OT_ Of �: V-1 eferi.se or�ar_ _zat ort, n advance of actual disaster, Lo =_r sure the fur - rt _sh::nJs of adequately Lraited and equipped forces of C.v"i!_ :Defense personnel __n time of neeu. (4) To -ma.�cC such stun _es an,�surveys of the industries P resources, and fac"-li t -.-eS yrs. t1Tis __ty as may be -necessary L0 i ascar:ai 'i tiie capal:`t:_es Of the C _Ly for C --',v-'- _ defense, xnci. to p i aid" LOr Lile inosL ell C j_e i.1L eliter eitcy L use hereof. (`i) On eha of this ClL.y, to cl-iter into mu.t.?as_ a_{_a arras ements L.iLli Ottler cit:_es and CO` riLweS �7_t t:'_r: Lh S Sta .e and also -v;:_t 1 Civ -i_' Doi -ease a� erc ..es o or ar ._ZaL=_OnS _re otiL-1: r_ - r ' S"tares fOr re C prOCa V JeLeliSe aid asci ass"stance 1 Case of disaster too great LO be ciea"_t wil th unass__sted. vucli muL�la=' aid arran-ements may be made sub;ect to ti -ie approval of the Governor, or of the State Director of Civil Defense. (b) To delegate any administratrive authority vested in him under this Ordinance, and to provide for the sub - delegation of any such authority. (7) To cooperate with the Governor and the Arkansas Office of Civil Defense and other appropriate Stale offices and agenc-es, and with the officials and a� enc "_es of other cities and counties w-th'M the State pertain -'r to he C -v_1 i)eL-ense of the StalLe the a-jLrec `_or_ or control of (a) blac" outs and pract_LCe black -oats, a r-ranQ csr-!I. I ls, moij-._= -.zat _on. of C -V R_ 'defense forces, ar-td other Lests and e:ierCJ_ses; (b) warn-_'_n� s !" s and s- l�.•als for dr ills cr attacI«s and the mec, a- _cal dev"-ces to be used '_r. connect -Lon 'C ere.' i th; (c) t_Iic effec-Llve screening c e: -,t -_'_l ix Sl—,4n_ of all l-_�itts and 1 -i -ht. -n dev-ces andappliances; (d) shutt_inr off water ma ns, Cas mars, electric poi:— - cor_- nec-L:fors and the suspens a_orr.. of a-21-1- othe-z ut i _C services; (e) the conduct of civ=l'.ans algid the movement and cessation of -4 movement of pedestrians and vehicular traff-« c during, -pr"_i.or, and subsequetit to drills or at- tacl;; (f) pub 1 is meeti-ng s or gatherings and ( ) the evacuation and recept=or_ of the c -_' v _liars population. SECTION S. MUTU_,�,L AID !`,nPAFG METS TS3 . (a) The D=irector of the organization for Civil Defense may, in collaboration with other public and private agencies w_thin this State, develop or cause to be developed mutual aid arrangements for -reciprocal Civ-il Defense aid and assistance in case of disaster too meat to be dealt with unassisted. Such arrangements shall be consistent with the State Civ_F_1 Defense plan and program, and _n time of emergency it shall be the duty of each local organization for Civil Defense to render assistance in accordance with the provisions of such mutual aid arrangements. (b) The Director of the organization for Civil De- fense may, subject to the approval of the Governor, enter into mutual aid arrangements with Civil Defense agencies or organ- izations in other States for reciprocal Civil Defense aid and assistance in case of disaster too great to be dealt with un- assisted. SECTION 9. AUTHORITY TO ACCEPT SERVICES, GIFTS, GRANTS, AND LOANS. (a) Whenever the State Government or any agency or officer thereof shall offer to this City, services, equipment, supplies, materials, or funds by way of gifts, grant or loan, for purposes of Civil Defense, the City, acting through the Mayor, may accept such offer and upon such acceptance, the Mayor may authorize any officer of the City to receive such services, equipment, supplies, materials, or funds on behalf of this City, and subject to the terms of the offer and the rules and regul- ations, if any, of the agency making the offer. (b) Whenever any person, firm, or corporation shall offer to this City services, equipment, supplies, materials, or 144W6 funds by way of gift, grant or loan, for purposes of Civil De- fense, the City, acting through the Mayor, may accept such offer and upon such acceptance the Mayor of the City may authorize any officer of the City to receive such services, equipment, supplies, materials, or funds on behalf of the City, and subject to the terms of the offer. FACILITIES. SECTION: 10. UTILIZATION? OF EXISTING SERVICES AND In carrying out the provisions of this Ordinance, the Mayor is directed to utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the City, to the maxium extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Mayor, and to the Civil Defense organizations of the City upon request. SECTION 11. POLITICAL ACTIVITY PROHIBITED. No organization for Civil Defense established under the authority of this Ordinance shall participate in any form of political activity, nor shall it be employed directly or in- directly for political purposes. SECTION' 12. CIVIL DEFENSE PERSONNEL. (a) No person shall be employed or associated in any capacity in the Civil Defense organization of this City estab- lished under this Ordinance who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or of this State, or .+n this City or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under in- dictment or information charging any subversive act against the United States. Each person who is appointed to serve in this *4W � W 1 lorganization for Civil Defense shall, before entering upon his duties, take an oath, in writing before a person authorized to administer oaths in this State, which oath shall be substantially as follows: , do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the State of Aricansas against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon whi 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 United States or of this State by force or violence; and that during such time as I am a member of the Civil Defense Organization of Batesville, Arkansas, 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." SECTION 13. This Ordinance shall not be deemed to repeal any existing Ordinances on this subject, but shall be cumulative thereto. SECTION: 14. SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such in- validity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 0 cm 0 SECTION 15. ENFORCEMIENT . It shall be the duty of the organization for Civil Defense established pursuant to this Ordinance and of the officers thereof to execute and enforce such orders, rules and regulations, as may be made by the Mayor under authority of this Ordinance. Such organization shall have available for inspection at its office all orders, rules and regulations made by the Mayor, or under his authority. SECTION 16. This Ordinance shall become effective immediately upon its passage and approval by the Mayor of the (City of Batesville, Arkansas. PASSED: ATTEST: CITY CLERK APPROVED: "I.