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HomeMy WebLinkAbout~Master - Creating a Civil Defense Organization i ORDINANCE NO. 1014 AN ORDINANCE TO CREATE A CIVIL DEFENSE ORGANIZATION FOR THE CITY OF AMES, IOWA IN THE EVENT OF MAJOR MAN-MADE DISASTERS OR NATURAL DISASTERS; TO PROVIDE FOR A CIVIL DEFENSE COUNCIL AND A DIRECTOR THEREOF; TO DEFINE THE POWERS AND DUTIES OF THE CIVIL DEFENSE COUNCIL AND THE DIRECTOR; TO AUTHORIZE THE RECEIPT AND EXPENDITURE OF FUNDS INCIDENT TO THE ADMINISTRA- TION THEREOF: AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF. Be It Ordained By the City Council of The City of Ames, Iowa, as follows: Section 1. Purpose. The Ames Civil Defense Council, hereinafter referred to as the "defense council" shall be responsible for the administration of civil defense matters in the City of Ames, Iowa, and the defense council shall direct its services in the event of major man-made disasters or in the event of natural disasters including but not limited to, hurricanes, tornadoes, windstorms or floods. Section 2. Defense Council Created. There is hereby created the Ames Civil Defense Council which shall consist of the following: (a) The Mayor of the City of Ames, Iowa, who shall serve as chairman of the Council. (b) The City Council of the City of Ames, Iowa, and the Mayor Pro-tempore shall serve as vice- chairman of the defense council. Section 3. Powers and Duties of Defense Council, The powers, duties and responsibilities of the civil defense council shall include the following: (a) The recommendation for adoption by the city council of a civil defense plan for the City of Ames, Iowa in cooperation with the Iowa Civil Defense Administration and the Federal Government, and the continuing study of the need for amendments and improvements in the civil defense plan adopted by the city council. (b) The recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of the civil defense plan. (c) The determination of all questions of authority and responsibility that may arise within the civil defense organization of the City of Ames. (d) The issuance of all necessary proclamations as to the existence of an emergency. (e) The issuance of reasonable rules and regulations which are necessary for the protection of life and property in the City of Ames, in event of emergency. (f) The authorization of agreements, after approval of the city attorney, for the use of private property for shelters and other purposes. (g) To accept on behalf of the City of Ames all equipment, supplies, material and money offered by the Federal Government, the State of Iowa, or private contributions to enable the city to carry out any program, act or activity necessary to the proper function of defense activities in the city. Authorization is hereby granted to execute such agreements or documents and to agree to such reasonable terms and conditions as may be required by the Federal Government or the State of Iowa for the grant, loan, lease, or other use or possession of said equipment, supplies, materials or money. (h) The defense (council shall meet upon call of either the Chairman or the Vice-Chairman. Section 4. Office and Authority of Director of Civil Defense. The office of director of civil defense is hereby created. The director of civil defense shall be appointed by resolution by the city council, and he shall have authority to request the declaration of the existence of an emergency by the defense council. In event it is deemed necessary to declare the existence of an emergency without delay, the director may, if the defense council is not in session or cannot be polled by phone, do so, but such action shall be subject to confirmation by the defense council at its next meeting. The duties and responsibilities of the director of civil defense shall include the following: (a) The direction of the actual or training efforts of the civil defense organization of the City of Ames. (b) The maintenance of necessary liason with other municipal, area, state, regional, federal, or other civil defense organizations. or (c) The marshaling, after the declaration of an emergency as provided for herein, of all necessary personnel, equipment or supplies from any department of the City of Ames, or otherwise, to aid in the carrying out of the civil defense plan. (d) The immediate operational effectiveness of the civil defense plan in event of an emergency. Section 5. Operational Civil Defense Organization Created. The operational civil defense organization of the City of Ames shall consist of the officers and employees of the City of Ames designated by the Defense Council as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution. Any such resolution shall set forth the form or organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this ordinance. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Federal Government and the recommendations of the Iowa Civil Defense Administration. -2- Section 6. Political Activity or Purpose. No organization for civil defense established under this ordinance shall participate in any form of political activity, nor shall it be employed directly or indirectly for political activity. Section 7. Oath of Civil Defense Workers. No person shall be employed or associated in any capacity in the Ames Civil Defense Cbuncil or Ames Civil Defense Organization, or as an officer, employee or volunteer in any capacity created hereby or created by rsolution pursuant to the authority herein conferred, who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or the State of Iowa, or who advocates the overthrow of any govern- ment in the United States by force or violence, or who has been convicted of, or is under indictment or information charging any subsersive act against the United States. Each su ch person, employed or associated in the Ames Civil Defense Council or Ames Defense Organization shall, before entering upon his duties, take an oath in writing, before a person authorized to administer oaths in the State of Iowa, which oath shall be substantially as follow s: "CIVIL DEFENSE OATH STATE OF IOWA COUNTY OF STORY : SS is � , do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the State of Iowa, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obli- gation freely, without any mental reservation or 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 United States or of this state by force or violence; and that during such time as I am a member of the Ames Civil Defense Council or Ames Civil Defense Organization, I will not advocate or 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. Subscribed and sworn to before me this day of 19 . Notary Public, Story County, Iowa, (or other official title) " -3- Section 8. Conflicting Ordinances, Orders, Rules and Regulations Suspended. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. Section 9. No Conflict with State or Federal Statutes. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. Section 10. No Municipal or Private Liability. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety and neither the City of Ames, the agents and representatives of said City, or any individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property as the result of said activity. Any person owning or controlling real estate or other premise who voluntarily and without compensation grants to the City of Ame s a license or privelege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack shall, together with his successors in interest, if any, not be civilly liable liable for the death of, or injury to, any person on or about such real estate or premises under such license, privelege or other permission or for loss of, or damage to, the property of such person. Section 11. Expenses of Civil Defense. No person shall have the right to expend any public funds of the City in carrying out any civil defense activity authorized by this ordinance without prior approval by the City Council, nor shall any persorka.ve any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council. Section 12. Vi.61ttions. It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the civil defense organization of the City of Ames unless authority so to do has been ,granted to such person by the proper officials. Convictions for violation of the provisions of this ordinance shall be punishable by fine not exceeding One Hundred ($100. 00) Dollars, or imprisonment not exceeding thirty (30) days. - Section 13. Seperability. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. Section 14. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. -4- Section 15. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 19th day of December , 1961. ;� Q�) 6�))� 6F M. Jorda , ity Clerk Pearle P. DeHart, Mayor Moved by Judge and seconded by Schilletter Ordinance No. 1014 be passed on its first reading. Voting Aye: Armstrong, Judge, Brouhard, Eschbach, Ratterree, Schilletter Voting Nay: None Absent: None Moved by Ratterree and seconded by Judge the rules governing the passage of ordinances be suspended, the second and third readings be omitted and Ordinance No. 1014 be placed on its final passage. Voting Aye: Armstrong, Judge, Brouhard, Eschbach, Ratterree, Schilletter Voting Nay: None Absent: None Moved by Eschbach and seconded by Schilletter Ordinance No. 1014 do now pass. Voting Aye: Armstrong, Brouhard, Eschbach, Ratterree, Judge Schilletter Voting Nay: None Absent: None Mayor DeHart declared Ordinance No. 1014 duly adopted. I , M. W. Jordan, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 1014 was duly and properly passed at a meeting of the City Council on the 19th day oy December , 1961, and published in the Ames Daily Tribune on 'Lhe 27th day of December, 1961. M. y�7 Jordan, C1erk -5-