Loading...
281.r ~ ~ ORDINANCE N0. p`SL/ AN ORDIi~TANCE CREATING :AND EST~BLI~HING 1=~ CIVIL Dr~FENS~ AGENCY: PROVIDING FOR A DIRECTOR THEREOF; GRArtTINN C~RTyIN POWERS; PRESCRIBING THE DUTILS THEREOF; AND FOR OTriER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. POLICY AND PURPOaE ...r "L L (a) Because of the existing and increasing possibility of the occur- rence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile adtion, or from fire, flood, earthquake, or other natural 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 pub- lic 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 nec- essary: (1) to create a City Civil Defense Agency; (2) to provide for the rendering of mutual aid to other cities within the State of Arkan- sas, and those adjoining states, and to cooperate with the State Gov- ernment 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 #'unctions 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 manpower, resources, and facilities for dealing with any disaster that may occur. (e) It is further declared to be the purpose of this ordinance, .and the policy of this City, to organize its Civil. Defense organization in conformity with the Arkansas Civil Ddfense plan as directed by Act 321 of 1953, which is cued as "The Arkansas Civil Defense Act of 19 53 • " SECTION 2. DEFINITIONS As used in this ordinance: (a) "Civil Defense" shall mean the prepara- tion 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 ~.is- asters caused by enemy attack, sabotage, or other hostile action, or by fife, flood, earthquake, or other natural causes. These functions include, without limitation, 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 func- tions 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 the preparation for and carrying out of the foregoing functions. The Mayor of the city shall be responsible for and tion and control of the Civil Defense of this city. powers and duties the Mayor now has, he shall have powers granted and conferred by this ordinance not other ordinances of this city. SECTION 3. POWERS OF THE MAYOR have general direc- In addition to the such additional inconsistent with J `"`. "L L 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 ordinance, $nd 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 6. ADVISORY CONNCIL There is hereby created a Civil Defense Advisory Coun~:il consisting of five (5) citizens appointed by the Mayor, rho shall advise the Mayor and the Director on all matters pertaining to Givil Defense. The Mayor shall serve as chairman of the Council, and the Fnembers thereof shall serve without compensation. SECTION 7. DUTIES (a) In performing his duties under this ordinance, the Mayor, or the Director of Civil 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 pertaining to the Civil Defense of this city and of the State. (b) In performing his duties under this ordinance, and to effect its policy and purpose, the Mayor is further authorized and empowered: (1) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this ordinance within the limits of the authority conferred upon him herein, with due consid- eration of the plans of the State Government. (2) To prepare a comprehensive plan and program for the Civil Dew fence of this city, such plan and program to~be integrated into and coordinated with the Civil Defense plans of the State Govern- ment, and of other cities and counties within the State to the fullest extent. (3) In accordance with such plan and program for the Civil Defense of this city, to institute training programs and public information programs, and to take all other preparatory steps. including the partial or full mobilization fo the Civil Defense organization, in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of Civil Defense personnel in time of need. .. (4) To make such studies and surveys of the industries, resources, and facilities in this city as may be necessary to ascertain the capabilities of the city far Civil Defense, and to plan for the most efficient emergency use thereof. (5) On behalf of this city,. to enter into mutual aid arrangements kith other cities and counties within this state, and also with Civil Defense aid and assistance in case of disaster too great to be dealt with unassisted. Such mutual aid arrangements may be made subject to the approval of the Governor, or of the State Direct®r of Civil Defense. (6) To delegate any administrative authority vested in him under this ordinance, and to provide for the subdelegation of any such authority. J J (7} Tp cooperate with the Governor and the Arkansas office of Civil Defense and other appropriate State offices and agencies, and with the officials and agencies of other cities and counties within the State, pertaining to the Civil Defense of the State, in- cluding the direction or control of (a} blackouts and practice blackouts, air-raid drills, mobilization of Civil Defense forces, and other tests and exercises; (b} warnings and signals for drills or attacks, and the mechanical devices to be used in connection therewith; (c) the effective screening or extinguishing of all lights and lighting devices and appliances; (d} shutting off water mains, gas mains, electric power connections and the suspension. of all other utility services; (e the conduct of civilians, and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or attack; (f) public meetings or gatherings; and (g} the evacuation and reception of the civilian population. _` L 1 L SECTION $. MUTUAL AID ARRANGEMENTS (a) ~'he Director of the organization for Civil Defense may, in collab- oration withother public and private agencies within this state, de- velop or cause to be developed mutual aid arrangements for reciprocal Civil Defense aid and assistancenin case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the State Civil Defense plan and program, and in 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 arrange- me nt s . (b) The Director of the organization for Civil Defense may, subject to the approval of the Governor, enter into mutual aid arrangements with Civil Defense agencies or organizations in other states for reciprocal Civil Defense aid and assistance in case of disaster too great to be dealt with .unassisted. SECTION 9. APPROPRIATIONS .AND 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, grants or loan, for purposes of Civil De- fense, 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 regulations, 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 funds by way of gift, grant or loan, for purposes of ~iivil Defense, 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 re- cieve such services, equipment, supplies, materials, or funds on be- half of the city, and subject to the terms of the offer. SECTION 10, UTILIZATION OF EXISTING S:~RVICES AND FACILITIES In carrying out the :provisions of this ordinance, the Mayor is directed to utilize the services, equipment, supplies, and facil= ities of existing departments, offices, and agencies of the city,. to the maximum 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 Mayors and to the Civil Defense organizations of the city upon request. SECTION 11. POLITICAL ACTIVITY PROHIBITED No organization for Civil Defense established under she authority of this ordinance shall participate in any form of political activity, nor shall it be employed directly or indirecti}~ for political purposes. J~ • • SECTION 12. CIVIL DEFENSE PERSONNEL .~ f raj No person shall be employed or ass Civil Defense organization of this cit dinance ociated in any capacit in the constitutionalsformhos advocated' established Y in the a change b under this or- of this state f the Government of the United °St te°~ence the United States bf this city, or the overthrow of an is under indictment yor°informationechar or the United States ' or who has been convictedtofnor ganization for CivilEDefense shall ging anY subversive act against person who is appointed to serve in this or- take an oath in writin ~ before enterin in this state g, before a person authorized to°a his duties, which oath shall be substantiall dminister oaths ~, "I, Y as follows will support an de end thesConstitut~nrof°r affirm} that I and the Constitution of the State of ARKANSAS e8emie$, foreign and domestic• the United States, allegiance to the same. ~ that I will bearatru~sfaith and out an ~ and I take this obligation freel Y mental reservation or purpose of evasion Y, with- wail well and gaithfully discharge the duties u on about to enter. ; and that I P which I am "And I do further swear nor am I a member of any political} that I do not advocate, advocates the overthrow of the Government °of°thEnUnation that or of this state, by force or violence , time as I am a member of the WEST lted States IZATION ; and that during such located at West Mem his MEMPHIS CIVIL DEFENSE ORGAN nor become a member of an p ~ Arkansas, I will not advocate advocates the overthrow of thelGovernment YofrthegUnit~tion that or of this State, by force or violence." d States, SECTION 1~ This ordinance shall not be deemed to repeal an or finances on this subject, but shall be cumulative thereto.y existing SECTION 1.. SEVERABILITY If any provisions of this ordinance or the application thereof to an person or circumstance is held invalid, such invalidity shall not Y 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. SECTION 15. ENrORCEMENT It shall be the duty of the ©rgani~ation for .Civil,: Defense e~tablished~ 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 insped'tion 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 tea passage and approval by the Mayor of the city of West Memphis. PASSED: ATTEST: APPRUVED• i ayor J