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HomeMy WebLinkAboutOrdinance 1192 ORDINANCE NO. 1192 AN ORDINANCE CREATING AND ESTABLISHING A CIVIL DEFENSE AND PRO- VIDING FOR A DIRECTOR THEREOF: GRANTING CERTAIN POWERS: DESCRIB- ING THE DUTIES THEREOF, AND FOR OTHER PURPOSES /FS /3MENDL- P BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1 . POLICY AND PURPOSE (a) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack , sabotage, or other hostile action, 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 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 to create a City Civil Defense Agency and to cooperate 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 poldcy of this City, that all Civil Defense functions of this City be coordinated to the max- imum 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 . ,,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 mil- itary 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, , e$rthquake , or other natural causes . These. functions include , without limitation, fire fighting services , medical and health services , res - cue , engineering, air raid warri4ag. services , communications , radiological, ehem - ical and 'other special weapons defease� evacuation of persons from stricken areas , emergency welfare services (civilian war aid) , emergency transportation, existing or properly assigned functions of plant protections 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 . ; SECTION 3 . POWERS OF THE MAYOR The Mayor of the City of Fayetteville 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 ordinance not inconsistent with other ordinances of this city. MiCROFILMT of DATE OCT REED SECTION 4. DUTY OF MAYOR The Mayor 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 GovernemMe SECTION 5. ADVISORY COUNCIL There is hereby created a Civil Defense Advisory Council consisting of nine citizens appointed by the Mayor , who shall advise the Mayor on all matters per - taining to Civil Defense . The Mayor shall serve as chairman of the Council, and the members thereof shall serve without compensation. SECTION 6a DUTIES (a) In performing his duties under this ordinance, 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 polic�*,> 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 consideration of the plans of the State Government. (2 ) To prepare a comprehensive pian and program for the Civil Defense of this city, such plan add program to be integrated into and coordinated with the Civil Defense plans of the .State Government, 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 programe and public information programs , and to take all other preparatory steps including the partial or full mobil- ization of 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 for Civil Defense , and to plan for the most efficient emergency use thereof. It ( 5) On behalf of this city, to eater into mutuaI I aid arrangements with other cities and counties within this State. for reciprocal Civil Defense aid and assistance in case of disaster too great to be dealt with unaeeisted. Such mutual aid arrangements may bet made subject to the approval of the Governor, or of the State Director of Civil Defense. (6) To delegate any administrative authority vested in him under this ordinance . and to provide for the sub-delegation of any such authority. (7) To cooperate with the Governor raid the Arkansas Offices of Civil Defense `aad' 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, including 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 , electrical power connections and the suspension of all other utility services ; (e) the conduct of civilians , and the movement and ceaseation of movement of pe- destrians and vehicular traffic during , prior , and subsequent to drills or attack; (f) public meetings or gatherings ; and (g) the evacuation and reception of the civil- ian population. . SECTION 7. 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 , grant or loan, for purposes of Civil Defense , the city, acting through the Mayor, may accept sueh 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 pur- poses of Civil Defense, the city, acting through the Mayor , nray accept such offer , and upon such acceptance the Mayor of the city may authorize any officer of the city to recieve such services , equipment, supplies , materials,, or funds on behalf of the city, and subject to the terms of the offer , SECTION 8 . UTILIZATION OF EXISTING SERVICES AND FACILITIES In carrying out the provisions ,.of this ordinance, the Mayor is directed to utilize the services , equipment, supplies,, and facilities of existing departments . offices , dnd ' agencies of the city. i ' ihema;dni um entent g y 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 9 . OATH Each person who is appointed to serve in this organization for Civil Defense shall, before entering upon his dutieo; take an oath in writing. before a pere.on authorized to administer oaths is this state . .which oath shall be substantially as follows : "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States , and the Constit- ution of the State of ARKANSAS , 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 Krell 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 zrn I a member of any political party or organization that advocated the over - throw of the Government of the United States , or of this state , by force or violence; and that da> ing such time as I am a member of the Civil De - fense Advisory Council of the City of Fayetteville, Arkansas , I will not advocate nor become a member of any political party o: organization that advocates the overthrow of the Government of the United States , or of this State , by force or violence , " SECTION 10 . This ordinance shall not be deemed to repeal any existing ordinances on this subject, but shall be cumulative thereto. SECTION 11 . SEVERABMITY if any provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect .without the invalid pro- vision or application, and to this end the provisions of this ordinance are declar ed to be severable , SECTION 12. This ordinance shall become effective immediately upon its passage and approval .by the Mayor of the City of Fayetteville , APPROVEED: MAYOR PASSED: January 19 , 1959 ATTEST: S �e r�CI'1+3�CLERK