Loading...
HomeMy WebLinkAbout1970-02 02-16 CCO CITY OF BROOKLYN CENTER ORDINANCE NO 70 -2 AN ORDINANCE REPEALING CHAPTER 31 OF THE CITY ORDINANCES ENTITLED "WAR AND CIVIL DEFENSE" AND ADDING A NEW CHAPTER 31 - "CIVIL DEFENSE ORDINANCE" THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 31 of the City Ordinances is hereby amended by the repeal of the following: (CHAPTER 31 - WAR AND CIVIL DEFENSE) (AN ORDINANCE PROVIDING FOR CIVILIAN DEFENSE AND FOR PROTECTION OF PUBLIC SAFETY, HEALTH AND WELFARE IN THE VILLAGE OF BROOKLYN CENTER DURING WAR EMERGENCIES) (Section 31 -101. WAR EMERGENCY DEFINED. A war emergency for the purposes of this Ordinance shall be deemed to exist whenever the Village or any part thereof is threatened by or involved in an enemy air raid or other attack, or a blackout, conflagration, sabotage, or other contingency or condition incident to or resulting from war and endangering public safety, health or welfare in the Village.) ( Section 31 -102. WAR EMERGENCY SERVICES. The head of each Village Department which may be directly affected by any war emergency .or concerned with civilian defense or with the protection or promotion of public safety, health, or welfare during any such emergency shall act as chief of emergency service of his department. In that capacity he shall have charge of providing for such services as may be required of his department in any war emergency, and may call for and accept volunteers for the purposes of such service, and dismiss any volunteer at any time and require him to surrender his equipment and insignia or identification furnished by the Village. Every volunteer for , any such emergency service shall take the same oath, if any, as is required of the members of the regular Village forces performing corresponding service. Subject to the other provisions hereof, every such volunteer shall be under the direction and subject to the orders of the chief of the service to which he belongs, and shall perform such duties as the chief may require within the scope of the functions of such service. The several chiefs of the emergency services may make and enforce all necessary and proper rules or orders, conforming with provisions hereof, to regulate the operation of their respective services, to define the duties of the regular or volunteer members thereof, and to secure efficiency and discipline therein. The chiefs shall provide suitable instruction and training for the members of their services. Volunteers shall be called into active service only in case of war emergency forwhich the regular municipal forces are inadequate, or for necessary training and preparation for such emergencies. All volunteers shall serve without . compensation. No volunteer in any such service shall carry any firearm while on duty except on written order of the Chief of Police.) Ordinance No. 70-2 ( Section 31 -103. IDENTIFICATION. Each volunteer for any emergency service under this Ordinance shall be provided with suitable insignia or other identification as may be specified by his chief. No volunteer shall exercise any authority over the persons or property of others without his insignia or identifi- cation. No person except an authorized volunteer shall use the insignia or identification of such volunteer or otherwise represent himself to be an authorized volunteer.) ( Section 31 -104. EMERGENCY REGULATIONS. Whenever necessary to meet any actual or imminent war emergency for which adequate regulations have not been adopted by the Village Council, the President may by proclamation promulgate regulations respecting protection against air raids; the sounding of air raid alarms; the conduct of persons and the use of property during alarm periods; 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 war emergencies. In framing regulations the President shall consider suggestions and proposals made by the federal and state agencies concerned. No regulations governing observation of enemy aircraft, air attack, alarms, or illuminations during air attacks or other war emergencies shall be adopted or take effect unless approved by the proper federal or state authority. Every proclamation of emergency regulations shall be in writing, shall be dated, shall refer to the particular war emergency to which it pertains, and shall be filed in the office of the Village Clerk, where a copy shall be kept posted and available for public inspection during business hours. A copy of each such proclamation shall also be conspicuously posted at the front of the Village Hall or other headquarters of the municipal government and at such other places in the affected area as the President shall designate in the proclamation. Thereupon the regulations shall take effect immediately or at such later time as may be specified in the proclama- tion. By like proclamation the President may notify or rescind any regulation. The Village Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty days after its date except so far as its provision may be embraced in ordinance regulations adopted by the Village Council.) ( Section 31 -105. CONTROL CENTER. There shall be established at some suitable place in the Village a control center to be used during war emergencies as headquarters for direction and co- ordination of the emergency services herein pro- vided for, with facilities for communication with and between the several chiefs of emergency services, the stations and operating units of such services, and with the American Red Cross and other agencies concerned with civilian defense and relief in the Village during war emergencies and for communication with other con- trol centers within the surrounding area and with the federal and state agencies concerned. The center shall be in charge of the mayor or director of war emergency services who shall be appointed by the Village Council and may be removed by it at any time. The director shall receive such compensation as the Council may allow. Subject to the approval of the Village Council by resolution, the director shall • secure and equip a place for the control center and a place for an auxiliary control center for use in case the regular center is disabled. The director shall select and train necessary personnel for the operation of the control center.) Ordinance No. 70 -2 Section 31-105 (continued) (If the Village is included in any plan for a superior or joint control center established under federal or state authority or by agreement with any other municipality or other governmental agency, the local control center and all other agencies of the Village shall cooperate with and submit to the direction of the authority in charge of such superior or joint control center in all matters consistent with the performance of their duties hereunder. The mayor, director of the local control center, chiefs of emergency services, and other officers and agencies of the Village may be authorized by resolution of the Village Council to participate in the establishment and operation of such superior or joint control center and to attend or be represented there at, if required by the authority in charge thereof, and to suspend or dispense with the operation of a local control center if the functions thereof can be effectively performed through such superior or joint control center.) ( Section 31 -106. EMERGENCY SERVICE STATIONS AND EQUIPMENT. The several chiefs of the emergency services shall establish stations therefore where needed in the Village and shall provide at such stations and at the control centers such personnel and equipment as may be necessary. ) ( Section 31 -107. CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY. Every officer and agency of the Village shall cooperate with federal and state authorities and with the American Red Cross and other authorized agencies in the administration of civilian defense and war emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder from time to time, and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The Village Council may appoint any person holding a position in any agency created under federal or state authority for civilian defense or war emergency purposes as a special policeman of the Village, with such police powers and duties within the Village incident to the functions of his position, not exceeding those of a regular policeman of the Village, as may be prescribed in the appointment, provided such person is otherwise qualified to exercise such powers and perform such duties. Every such special policeman shall be subject to the supervision and control of the Chief of Police and such other police officers of the Village as the chief may designate.) ( Section 31 -108. ACCEPTANCE OF AID. The mayor is hereby designated as the chief executive officer of the Village to make applications for and to accept on behalf of the Village all money or property offered by federal or state authority for the purposes of civilian defense or war emergency protection or relief. The Mayor may agree to such terms and conditions and execute such instruments in behalf of the Village as may be required by the authority granting such assistance; but no such agreement imposing any obligation on the Village or any of its officers other than for the proper care and disposition of the money or property received shall be effective until it is approved by resolution of the Village Council.) ( Section 31 -109. WAR EMERGENCY PROPERTY OFFICER. The Captain of Police is hereby designated as the Village war emergency property officer. He shall perform such functions in connection with the acquisition, disposition, and return of property received from the federal or state authorities for any civilian defense or war emergency purpose as are imposed on local property officers by such authorities. Ordinance No. 70 -2 Section 31 -109 (continued) When necessary to obtain such property, he shall execute such bonds as may be required by sjch authorities. The premium on such bonds shall be paid by the Village.) ( Section 31 -110. PENALTY. Any person who violates any provision of this ordinance or of any regulations 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 conviction shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars and by imprisonment not to exceed ninety (90) days.) (Air Raid Precautions) (AN ORDINANCE RELATING TO AIR RAID PRECAUTIONS IN THE CITY OF BROOKLYN CENTER) (Section 31 -201. DEFINITIONS. As used in this ordinance and in regulations adopted hereunder, the following phrases shall have the meaning given to them below: (a) "Air raid warning signal ": a signal to indicate the beginning of of a blackout or air raid alarm prescribed by the Adjutant General of Minnesota or other appropriate military authority or in the absence of such prescription, by the mayor of the City. (b) "All -clear signal ": a signal to indicate the end of a blackout or air raid alarm prescribed by the Adjutant General of Minnesota or other appropriate military authority, or, in the absence of such prescription, by the president of the City Council. (c) "Alarm period ": the interval of time between an air raid signal and the following all -clear signal. (d) "Blackout structure ": any area so enclosed that any illumination maintained or existing therein is not advisable.) ( Section 31 -202. SOUNDING SIGNALS. The mayor of the City shall cause the sounding of an air raid alarm signal and of an all clear signal whenever the City or the district in which the City is located is directed to do so by the Adjutant General or other appropriate military authority, or in case of practice alarm periods, whenever he deems it advisable and is permitted to do so by such authority.) ( Section 31 -203. ILLUMINATION DURING ALARM PERIODS PROHIBITED. Except as otherwise provided in this section, no person in an alarm period shall maintain any illumination or permit any illumination under his control to be main- tained at any place within the City of Brooklyn Center during the hours of dark- ness. The foregoing provisions shall not apply to the following types of illumination: I Ordinance No. -2 Section 31 -203 (continued) (a ) Illumination within a blackout tructur s e. (b) Illumination maintained by the armed forces of the United States or the State in the course of duty. (c) Illumination authorized by the president of the Village Council through regulations adopted under Section 31 -205 of this ordinance. (d) Illumination maintained pursuant to permission granted in individual cases by the Chief of Police. The Chief of Police may grant such permission only when he finds it necessary for the preservation of the public safety or the maintenance of order or when he has been specifically authorized to grant such permission by an officer of the United States or the State of Minnesota acting within the scope of his authority. If an alarm period is confined to a part of the Village, the restrictions of this section shall apply only to that part of the Village-. ) ( Section 31 -204. TRAFFIC DURING ALARM PERIODS. Except as hereinafter provided, no vehicle shall be moved on the streets of the Village during an alarm period unless directed to be moved by a regular or auxiliary police officer or . fireman displaying his official identification. When a blackout signal is sounded, the operator of every vehicle in motion on the streets shall immediately bring the vehicle to a halt at the side of the street off the traveled portion of the roadway; but every such vehicle shall be halted clear of intersections, fire station entrances and other emergency areas. This section shall not apply to the emergency operation of vehicles of the armed forces of the United States or of the State of Minnesota, emergency vehicles as defined in the Minnesota highway traffic regulation, or vehicles whose emergency movement is authorized by the Chief of Police or other appropriate authority and which display identification showing the character of their use and the authority under which they are operated. If an alarm period is confined to a part of the Village, the restrictions of this section shall apply only to that part of the Village.) ( Section 31 -205. EMERGENCY REGULATIONS. Whenever necessary to provide adequately for the public health, order and safety, the mayor of the Village may by proclamation promulgate regulations respecting illumination and vehicular traffic during alarm periods and other air raid precaution measures to supplement the provisions of this ordinance. In framing regulations the mayor of the Village shall consider suggestions and proposals made by the federal and state agencies concerned. Every proclamation of emergency regulations shall be in writing, shall be dated and shall be filed in the office • of the Village Clerk, where a copy shall be kept posted and available for public inspection during business hours. A copy of every such proclamation shall be also I Ordinance No. 70 -2 Section 31 -205 (continued) • conspicuously posted at the front of the village hall or other headquarters of the municipal government and at such other places as the mayor of the Village shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. Regulations affecting any practice alarm period shall be promulgated at least one week before the day on which the practice is held. The mayor of the Village may modify or rescind any such regulation by proclamation. The Village Council may rescind any such regulation by resolution at any time. if not sooner rescinded, every such regulation shall expire at the end of thirty days after its date except so far as its provisions may be embraced in ordinance regulations adopted by the Village Council.) ( Section 31 -206. SIMULATING SIGNALS. No unauthorized person shall operate a siren, whistle or other audible device so as to simulate an air raid warning signal or an all -clear signal.) (Section 31 -207. INTERFERENCE WITH LIGHT SWITCHES. No unauthorized person shall interfere with the operation of electric lighting units by engaging or disengaging electric lighting unit switches in connection with air raid blackout pre- cautions except where such action is necessary for civilian protection in an emergency or when it is ordered by law enforcing authorities.) ( Section 31 -208. TELEPHONE USE DURING ALARM PERIOD RESTRICTED. No person, other than authorized military or civil personnel engaged in military or civil protection, shall make any telephone call during alarm periods except in cases of extreme emergency. ) ( Section 31 -209. DISOBEDIENCE OF ORDERS. No person shall disobey any direction or order given during an alarm period by a regular or auxiliary policeman or fireman displaying his official identification.) ( Section 31 -210. PROHIBITED ILLUMINATION A PUBLIC NUISANCE. Any illumination contrary to the provisions of this ordinance or any ordinance pertaining to war emergencies 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 policeman may abate such nuisance summarily or may take any other action necessary to enforce provisions, including entry on private property and the use of whatever force is necessary.) ( Section 31 -211. SUSPENSION OF INCONSISTENT PROVISIONS. Except for war emergency ordinances and regulations adopted pursuant thereto, the provisions of every ordinance and regulation of the City requiring any illumination to be maintained which conflict with this ordinance shall be deemed suspended during any alarm period.) ( Section 31 -212. CONFORMITY WITH FEDERAL AND STATE AUTHORITY. The provisions of this ordinance and of all regulations promulgated hereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder from time to time and shall be suspended and inoperative so far as there is any conflict therewith.) Ordinance No. 70 -2 ( Section 31 -213. PENALTY. Any person who violates any provision of this ordinance or of any regulation adopted thereunder shall be guilty of a mis- demeanor and upon conviction shall be punished by a fine of not more than Three Hundred ($300.00) Dollars and by imprisonment not to exceed ninety (90) days.) I ORDINANCE NO. 70 -2 Section 2: Chapter 31 of the City Ordinances is hereby amended by the addition of the following: . Chapter 31 - CIVIL DEFENSE ORDINANCE Section 31 -100. POLICY AND PURPOSE. Because of the possibility of man -made and natural disasters, and in order to insure that preparations of this Citv will be adequate to deal w ith 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 Citv, , it is herebv found and declared to be necessary to maintain a local Civil Defense Department, and to provide for the exercise of necessary powers durinq civil defense emergencies and in time of disaster. It is further declared to be the purpose of this ordinance and the policy of the City that all civil defense functions of this Citv be coordinated to the maximum extent practicable with the comparable functions of the Federal Government, of this State, of Hennepin Countv, and of other states and localities, and of private agencies of every tvoe , to the end that the most effective preparations and use may be made of available manpower, resources, and facilities for dealing with anv disaster that may occur. Section 31 -110. DEFINITIONS. • The lanquage set forth in the text of this ordinance shall be interpreted in accordance with the following definitions: 1. Civil Defense - means the preparation for, and the carrvinq out of all emerqencv functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resultinq from destruction caused by enemy attack or other hostile actions, or from disaster. These functions include without limitation, fire fiqhtinq services, police services, medical and health services, rescue, engineerinq and warning services, communi- cations, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergencv transportation, existing or properly assiqned functions of plant protection, temporary restoration of public services, and other functions related to civilian Protection, toqether with all other activities necessary or incidental to preparation for or carrying out of the foregoing functions. 2. Civil Defense Emergencv - means an area wide emergencv declared by the Governor under Minnesota Statutes, Section 12.31, or a local emergencv proclaimed by the Mayor of Brooklyn Center according to Section 32 -200 of this ordinance. • I ORDINANCE NO. 70 -2 3. Civil Defense Forces - means personnel reqularly employed by the City of Brooklyn Center and volunteers and paid members of the Brooklyn Center Civil Defense Department engaged in carrying on Civil Defense functions in accordance with the provisions of this i ordinance and any order issued thereunder. 4. Disaster - means any flood, landslide, drought, fire, tornado, explosion, accident, earthquake, storm, physical catastrophe, damage or destruction as result of cataclysm of nature, or after- math of a disturbance, which is or threatens to be of sufficient severity and magnitude to require efforts: in alleviating the damage, hardship or suffering, or the potential of any of these, that is greater than that which a community_ , with its regular personnel or resources, is capable of managing. Section 31 -120. CONTINUATION OF CIVIL DEFENSE DEPARTMENT. Pursuant to Section 6.03 of the City Charter, the Brooklyn Center City Council, in order to protect the lives and property and to promote the general health, safety and welfare of its citizens, does hereby determine to continue a department of City government to be known as the Brooklyn Center Civil Defense Department. Section 31 -130. DEPARTMENT ORGANIZATION. The Department of Civil Defense shall be organized, staffed, and administered in accordance with the Charter of the City of Brooklyn Center and • all personnel, with the exception of the Director of Civil Defense, shall be appointed or removed by the City Manager. The Director of Civil Defense shall be appointed for an indefinite term by the Mayor with the majority consent of the' City Council and he may be removed from office by the Mayor with the majority consent of the City Council. The Director shall have direct responsibility for day -to -day administration and operation of the department, subject to the direction and control of the City Manager. In a time of civil defense emergency or disaster the Mayor may assume supervision of the Civil Defense Department through the City Manager and the Civil Defense Director. Section 31 -140. CIVIL DEFENSE PLAN. The Director shall prepare a comprehensive general plan for the; civil defense of Brooklyn Center and shall present such plan to the City Council for its approval. When the City Council has approved the plan, by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the City to perform the duties and functions assigned by the plan. The plan may be modified in like manner from time to time. The Director shall coordinate the civil defense activities of the Citv to the end that they shall be consistent and fully integrated with the civil defense plan of the Federal Government and of the State of Minnesota. I ORDINANCE NO, 70 -2 Section 31 -150. TRAINING AND INF ORMATION. In accordance with the State and City civil defense plan, the Director shall institute such training programs and public information programs and shall is take all other preparatory steps,. including the partial or full mobilization of Civil Defense forces in advance of actual emergency or disaster, as may be necessary to prompt and effect'. implementation of the civil defense plan in time of civil defense emergency or disaster. He may, from time to time, conduct such practice alerts or other Civil Defense exercises as he may deem necessary. Section 31 -160. UTILIZATION OF CITY GOVERNMENT RESOURCES. The Director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and divisions of the City to the maximum extent practicable. The officers and personnel of all such departments and divisions shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the Civil Defense Department. The head of each department and division, in cooperation with the Director of Civil Defense and all under the direction of the City Manager, shall assist with the planning and Programming of those civil defense activities which will involve the utilization of the facilities of his department or division. Section 31 -170. VOLUNTEER EMERGENCY PERSONNEL. The Director shall, in cooperation with existing City departments and divisions affected, organize, recruit, and cause to be trained volunteer fallout shelter managers, radiological monitors, auxiliary police, auxiliary fire - rescue Personnel, emergency medical personnel, and any other personnel that may be i required on a volunteer basis to carry out the civil defense plan of the City of Brooklyn Center. To the extent that such emergency personnel are recruited to augment a regular City department or division for civil defense emergencies or disasters, they shall be assigned by the Director to such department or division for purposes of training and emergency augmentation. Except as they may individually otherwise volunteer, civil defense emergency personnel shall be called into service only in cases of a civil defense emergency or disaster or for necessary training and Preparation for such emergencies. All volunteers shall serve without compensation. Section 31 -180. IDENTIFICATION OF EMERGENCY PERSONNEL. Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the Director and approved by the City Manager. Such identification shall be in a form and style approved by the Federal Government. No volunteer shall exercise any authority over the person or property of others without his identification. No person except an authorized volunteer shall use the identification of a civil defense volunteer or otherwise represent himself to be an authorized civil defense volunteer. ORDINANCE NO. 70 -2 Section 31 -190. FIREARMS. No civil defense volunteer shall carry any firearms while on duty except is during a civil defense emeraencv or disaster and then only upon authority of the City Manager. Section 31 -200. DECLARATION OF LOCAL EMERGENCY. Whenever necessary to meet a local emergency or disaster, the Mayor may so declare an emergency authorizing activation of the civil defense plan. Section 31 -210. EMERGENCY REGULATIONS. Whenever necessary to meet a civil defense emergency or disaster or to prepare for such an emeraencv or disaster for which adequate regulations have not been adopted by the Governor or the City Council, the Mayor may by procla- mation promulgate reaulations , consistent with applicable Federal or State law or regulation, respectina: protection aaainst nuclear missiles; the sounding of attack warning; the conduct of persons and the use of property durina emergencies; the repair, maintenance, and safeauardina of essential public services; emeraencv health, fire, and safety provisions; and all other matters which are required to Protect public safety, health, and welfare in civil defense emeraencies. Every proclamation of emeraencv reaulations shall be in writing and signed by the Mayor, shall be dated, shall refer to the particular civil defense emeraencv or disaster to which it Pertains. and shall be filed in the office of the City Clerk,, where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its avail- ability for inspection at the Clerk's office shall be conspicuously posted at the City Hall and at such other places in the affected area as the Mayor shall direct. 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. Section 31 -220. EXPIRATION OF EMERGENCY REGULATIONS The City Council may rescind any proclaimed emergency regulations by resolution at any time. If not sooner rescinded. every such emeraencv regulation shall expire at the end of 30 days after its effective date or at the end of the civil defense emergency or duster to which it relates , whichever occurs first. Any ordinance, rule, or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during_ the period of time and to the extent that such conflict exists. Section 31 -230. PARTICIPATION IN POLITICS. The Civil Defense Department shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes. ORDINANCE NO, 70 -2 I Section 31 -240. CIVIL DEFENSE A GOVERNMENTAL FUNCTION. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. i Section 31 -250. PENALTIES. Whoever does any act or omits to do any act which constitutes a breach of any section of this Chapter, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed Three Hundred ($300.00) Dollars and by imprisonment not to exceed ninety (90) days. No provision of this Chapter designating the duties of anv official or emp_ lovee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section for failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 3: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 16th day of February 1970. Mayor ATTEST: j Clerk Published in the official newspaper Tanuary 29, 1970 Effective Date February 28, 1970 (Brackets indicate matter to be deleted, underline indicates new matter) • v�