HomeMy WebLinkAboutOrdinance - 82 - Providing for Civil Defense - 08/24/1966 V '
PILLAGE OF EDEN PRAIRIE
HMEPIN COUNTY, IOTA
ORDINANCE NO. 82
AN ORDINANCE PROVIDING FOR CIVIL, DEFENSE AND FOR PROTECTION
AND PRCMOTION OF FMIC SAFETY, HEALTH, AND WELFARE IN THE
VILLAGE OF EDEN PRAIRIE DURING CIVIL DEMSE EMERGENCIES
The Village Council of the Village of Eden Prairie does hereby ordain
as follows:
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Section 1. The Minnesota Civil Defense Act Minn. Stats. 1961, Chapter 12,
as amended by Laws 1963 Chapter 660 and 678 and Lags 1965, Chapter 660
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insofar as it relates to municipalities, is adopted by reference as part
of this ordinance as fully as if set forth explicitly herein. j
Section 2. Establishment of Civil Defense Agena
Subdivision 1. There is hereby created with the village government a civil
defense agency, which shall be under the supervision and control of a
director of civil defense, hereinafter called the director. The director
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shall be appointed by the mayor for an indefinite term and may be removed d
by him at any tine. The director may be compensated at a rate to be deter-
mined by the village council and he shall be paid his necessary expenses.
The director shall have direct responsibility for the organization, adminis-
tration and operation of the civil defense agency, subject to the direction
and control of the mayor. The civil defense agency shall be organized into I`
such divisions and bureaus, consistent with state and local civil defense
plans, as the director deems necessary to provide for the efficient perform-
ance of local civil defense functions during a civil defense emergency. The
civil defense agency shall perform civil defense functions within the village
an addition shall conduct such functions outside the village as may be
*� required pursuant to the provisions of the Minnesota Civil Defense Act of
1951 as amended or this ordinance.
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Subdivision 2. There is heretycreated within the civil defense agency a
civil defense advisory committee, hereinafter called the "committee".
Members of the committee shall be appointed by the mayor to represent village
departments and other groups concerned with civil defense. The mayor shall
be chairman and the director shall be secretary of the committee. The '
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committee shall advise the director and the village council on all matters
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pertaining to civil defense. Each member shall serve without compensation
and shall hold office at the pleasure of the mayor.
Section 3. Powers and Duties of the Director
Subdivision 1. The director, with the consent of the mayor, shall represent
the village 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 a civil defense emergency too ..'g y 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 arrangements. Any mutual aid arrangement with a political subdivision
of another state shall be subject to the approval of the governor.
Subdivision 2. The director shall make such studies and surveys of the
man power, industries resources, and facilities of the village 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.
Subdivision 3• The director shall prepare a comprehensive general plan for
the civil denfense of the village and shall present such plan to the council
for its approval. When the council has approved the plan by resolution, it
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shall be the duty of all municipal agencies and all civil defense forces
of the village to perform the duties and functions assigned by the plan as
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approved. The plan may be modified in like manner from time to time. The
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director shall coordinate the civil defense activities oZ he village to the
end that they shall be consistent and fully integrated with the civil defense
plan of the federal government and the state correlated with the civil defense
plans of other political subdivisions within the state.
Subdivision 4. In accordance with the state and village civil defense plan,
the director shall institute such training programs and public information
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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 village civil
defense plan in time of a civil defense emergency. He may, from time to time.,
conduct such practice air-raid alerts or other civil defense excercises as he
may deem necessary.
Subdivision 5. The director shall utilize the personnel, services, equipment.,
supplies and facilities of existing departments and agencies of the village
to the maximum 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 civil defense agency
and to the governor upon request. The head of each department and agency, in
cooperation with and under the direction of the director, shall be responsible
for the planning and programming of such civil defense activities as will
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involve the utilization of the facilities of his department or agency.
Subdivision b. The director shall, in cooperation with existing village {
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departments and agencies affected, organize, recruit, and train air-raid wardens,
auxiliary police, auxiliary firemen, emergency medical personnel, and any other
personnel that may be required on a volunteerbasis to carry out the civil
defense plans of the village and the state. To the extent that such emergency
personnel is recruited to augment a regular village 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
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civil defense volunteer at arjy time and require him to surrender any equipment
and identification furnished by the village.
Subdivision 7. Consistent with the civil defense plan, the director shall
provide and equip emergency hospitals, casualty stations, ambulances, canteens,
evacuation centers, and other facilities, or conveyances for the care of the
injured or homeless persons.
Subdivision 8. The director shall carry out all orders, rules and regulations
( issued by the governor with reference to civil defense.
Subdivision 9. The director shall direct and coordinate the general operations
of all local civil defense 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 in respect
thereto.
Subdivision 10. Consistent with the civil defense plan, the director shall
provide and equip at some suitable place in the village a control center and,
if required by the state civil defense plan, an auxiliary control center to be
used during a civil defense emergency as headquarters for direction and coordina-
tion of civil deBB nse 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
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during a civil defense emergency. He shall arrange for the installation at
the control center of necessary facilities for communication with and between
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heads of civil defense divisions, the stations and operating units of munici-
pal services and other agencies concerned with civil defense and for communica-
tion with other communities and control centers, within the surrounding area f
and with the federal and state agencies concerned. t
Subdivision 11. Daring the first 30 days of a civil defense emergency if the
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legislature is in session or the governor has coupled his declaration of the
emergency with a can 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 o f,:the state or
any other political subdivision, to perform services for civil defense purposes
as he directs, and he may commandeer, for the time being, any motor vehicle,
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tools, appliances or any other property, subject to the owners right to just
compensation as provided by law.
Section 4.
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Subdivision 1. Civil defense volunteers shall be called into service only
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in case of a civil defense emergency or a natural disaster for which the
regular municipal forces are inadequate or for necessary training and pre-
paration for such emergencies. All volunteers shall serve without compense-
tion.
Subdivision 2. Each Civil defense volunteer shall be provided with such
suitable insignia or other identification as may be required by the director.
Such identification shall be in a form and style approved by the federal
government. No volunteer shall exercise any authority over the persons or
r property of others without his identification. No person except an authorized
volunteer shall use the identification of a volunteer or otherwise represent
himself to be an authorized volunteer. E
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Subdivision No civil defense volunteer shall carry any firearm while on
duty except on written order of the chief of the police department. `p
Subdivision 4. Personnel procedures of the village applicable to regular
employees shall not apply to volunteer civil defense workers but shall apply
to paid employees of the civil defense agency.
Section s. Emergency Regulations
Subdivision I. When used in this section, the term "civil defense emergency"
includes, in addition to the meaning given in Section 2, Subd. 2, disasters
caused by fire, flood, windstorm or other natural causes.
Subdivision 2. Whenever 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 of the village council, the mayor may by proclamation
( promulgate regulations, consistent with applicable federal or state law or
regulation, respecting: protection against air-raids; 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 regula-
tion governing observation of enemy aircraft, air attack, alarms, or illumina-
tion during air attacks shall be adopted or take effect unless approved by
the state director of civil defense.
Subdivision 3• Emery proclamation of emergency regulations shall 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 filed
in the office of the village clerk, where a copy shall be kept posted and
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available for public inspection during business hours. Notice of the existence
of such regulation and its availability for inspection at the clerk's office
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shall be conspicuously posted at the front of the village hall or other head-
quarters of the village and at such other places in the affected area as the
mayor shall designate in the proclamation. Thereupon the regulation shall take
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effect immediately or at such later time as may be specified in the proclamation. i
By like proclamation the mayor may modify or rescind any such regulation.
Subdivision 4. 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 30 days after its effective date or at the end of the civil defense
emergency 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 con-
flict exists.
During a civil defense emergency the village is, notwithstanding any
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statutory or charter provision to the contrary, w powered, through its governing
body acting within or without the corporate limits of the village, to enter into j
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contracts and incur obligations necessary to combat such disaster by protecting
the health and safety of persons and property, and providing emergency assistance f
to the victims of such disaster. The village may exercise such powers in the
light of the exigencies of the disaster without compliance with time-consuming
procedures and formalities prescribed by law pertaining to the performance of
public work, entering into contracts, inc erring of obligations, eMloyment of
temporary workers, rental of equipment, purchase of supplies and materials,
limitations upon tax levies, and the appropriation and expenditure of public
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funds including, but not limited to, publication of ordinances and resolutions,
publication of calls for bids, provisions of civil service laws and rules,
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provisions relating to low bids, and requirements for budgets.
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Section 5. Civil Defense Agency Procedure
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Subdivision 1. There is hereby established in the village treasury a special
fund to be known as the civil defense fund. Into this fund shall be placed v
the proceeds of taxes levied for civil defense, money transferred from. other }
funds, gifts and other revenues of the civil defense agency. From it shall be
made expenditures for the operation and maintenance of the civil defence agency
expenditures for civil defense. Regular account I
and other exp gul accounting., disbursement, x
purchasing, budgeting and other financial procedures of the +Tillage shall apply
to the civil defense fund insofar as practicable; but budgeting requirements
and other financial procedure shall not apply to expenditures from the fund in
any case when their application will prevent compliance with terms and condi-
tions of a federal or state grant of money or property for civil defense
purposes.
Subdivision 2. The director shall, as soon as possible after the end of
each fiscal year, prepare and present to the village council for the infor-
mation of the council and the public, a comprehensive report of the activi-
ties of the civil defense agency during the year.
Section 7. Conformity and Cooperation with Federal and State Authority
Subdivision 1. Every officer and agency of the village 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. Me provisions of this ordinance and
of all regulations made thereunder sha11 be subject to all applicable and
controlling provisions of federal and state laws and of regulations and orders
issued thereunder and shall be deemed to be suspended and inoperative so far
as there is any conflict therewith.
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Subdivision 2 . The village council-. - - -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 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. Every such 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 8. prohibited Illumination a Nuisance
Subdivision 1. Any illumination witlril*the village contrary to the pro-
visions of this or any other ordinance pertaining to civil defense or of any
regulation adopted thereunder or of any federal or state lair, regulation, or
order shall be deemed a public nuisance. Amy regular or auxiliary policeman
or air-raid garden 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.
Section 9. Penalty
Amy person who violates any provision of this ordinance or of any regu-
lation adopted thereunder relating to acts, omissions, or conduct other Mis-
demeanor., and upon conviction may be punished by a fine of not more than $100
or by imprisorzaent for not more than 90 days.
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Section 10. Effective Date
This ordinance shall take effect upon its passage and publication.
Adopted by the council thisy of Ct "tu%-'t ,19bb•
Mayor of the Village of Rden Prairie
ATTEST:
Clerk
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. AFFIDAVIT OF PUBLICATION �
The Hennepin County Review
12 Suburban Square Hopkins, Minnesota
;', � . ��",• may. �
State of Minnesota rn>se�
SS• 1t"r°dYy a '
County of Hennepin
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toot WhtCah>p
JOHN E. TILTON, being duly sworn, on oath says he is and during all the times herein stated am ales
has been the abaft >tere� a
publisher and printer of .the newspaper known as The Hennepin County Review g����-� �
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed R'tro1W#l ',a4q�1 ;: y
in the English language in newspaper format and in column and sheet form equivalent In
printed space to at least No square inches. (2) Said newspaper is a weekly and is distributed (idemtiiie; as="asay�Aft
i byy�t�.Fte C{�t4tokr i9ltR�1
at least once each week. (3) Said newspaper has 60% of Its news columns devoted to news strati bt:'.As a
of local interest to the community which it purports to serve and does not wholly duplicate ,:
any other publication and is not made up entirely of patents, !slate matter and advertisements.
(4) Said newspaper is circulated in and near the municipality which it purports to some, has at L of others gp#hout 1tasM }
least 500 copies regularly delivered to paying subscribers, has an average of at least 7". of
its total circulation currently paid or no more than three months in arrears and has entry asA 'll i
second-class matter in its local post-office. (5) Said newspaper purports to serve the City
klopkins and Villages of Minnetonka and Eden Prairie in the County of Hennepin and it has its 6c . FIZ
known office of issue in the City of Hopkins in said county, established and open during its ap{�eern,•�p�, � w��x � '
regular business hours for the gathering of news, sale of advertisements and sale of subscriptions
and maintained by the publisher of said newspaper and subject to his direction and control �` #
during
all such regular business hours and at which said newspaper in printed. (8) Said news.
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper ban complied with all the foregoing conditions for at least two years preceding the day
or dates of to vtHtoatee�*c15rlf+d
publication mentioned below. (8) Said newspaper has filed with the Secretary. of
State of Minnesota prior to January 1, 19M and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a legal newspaper. BAi, 4 di�ga �
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ordinance t 114
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He further states on oath that the prlatedy $�.,^Q�........................................... sJ� w, rt3 wt+ry xa� ii:•
hereto attached as a part hereof was cut from the columns of said newspaper. and was printed �r�yy P�4yyy""•t y #�!
and published therein to the English language. once each week, for l.... . A » a a
successive weeks: , ?
z � #y
that it was first so published on a. . ..... th a
Thlsxs. .... 1st....... da,y ,r .--. Se�t.�... is.... 66
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and was thereafter printed and published on every ................ . ............. to and including
the day of .... 19 and that the following Is a printed copy "!! Y
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being
the size and kind of type used in the comp
osition and publication of said notice, to wit:
abcdefghijklrnnopgrstuvwxyz : * a
Subscribed and sworn to before the this ZSt! day of -Sept• .......
(Notarial Seal)
Alice J.Nelson,N Public. Hennepin County, Minn.
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My Commission Expires December 20. 1966
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