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HomeMy WebLinkAbout004-88 Ordinance . RECORD OF ORDINANCES - National Graphics Corp., COls., O. ~ Form No. 2806.A Ordinance No. mm()_~-:-8_8_m Passedm m________ _m_m___mnmm__mm__19______, ESTABLISHING THE "OFFICE OF CIVIL PREPAREDNESS FOR DUBLIN, OHIO" TO DEAL WITH DISASTERS, AND DECLARING AN EMERGENCY WHEREAS, it is the will of this Council to establish an Office of Civil Preparedness for Dublin, Ohio to deal with disasters and emergencies; and WHEREAS, the establishment of such an office with definitions of scope and responsibilities and organization would promote complete and efficient utilization of all of Dublin's facilities to cope with disasters or other emergencies; NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin, State Ohio, 7 of the elected members concurring that: Section 1. This ordinance shall be known and may be cited and referred to as the "Civil Preparedness Ordinance of the City of Dublin". Section 2. INTENT AND PURPOSE (1) It is the intent and purpose of this ordinance to establish an office that will ensure the complete and efficient utilization of all of the City's facilities to cope with disaster resulting from enemy actions or other disasters as defined herein. (2) The City of Dublin office of the City Manager will be the coordinatini agency for all activity in connection with civil preparedness: it wi 11 be the instrument through which the City Manager may exercise thE authority and discharge the responsibilities vested in him by appropriate statutes of the Ohio Revised Code, Public Acts of the United States Code Annotated, Section 5.04 of the City Charter, and this ordinance. (3) This ordinance will not relieve any City Department of the moral responsibilities or authority given to it in the City Charter or by ordinance, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies. Section 3. DEFINITIONS (1) The following definitions shall apply in the interpretation of this Article: (a) "Civil Preparedness" in its broad meaning is to carry out the basic government functions of maintaining the public peace, health and safety during an emergency. This sha 11 include plam and preparations for protection from, and relief, recovery and rehabilitation from the effects of an attack on the City by the forces of an enemy nation or the agents thereof, and it shall also include such activity in connection with disaster as defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States. (b) "Attack" shall mean a direct or indirect assault against the City of Dublin, or its government, its environs, or of the nation, by the forces of a hostile nation or the agents thereof including assault by bombing, radiologial, chemical or bio- logical warfare, or sabotage. (c) "Disaster" includes, but is not limited to, actual or threatenec enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threaterning to endanger health, life or property or constitutec government. . RECORD OF ORDINANCES National Graphics Corp., Cols., O. .... Form No. 2806-A -- -- Ordinance No._ _____nQ~=i3i3n____ Passed_______nn _ nnU_ ____nnnn__ _nn_n__19 _n__ ,__ Page Two (d) "Civil Preparedness Forces" shall mean the employees, equipment and facilities of all City departments, boards, commissions and contract agencies; and, in addition, it shall include all volunteer persons or agencies. (e) "Volunteer" shall mean contributing a service, equipment or facilities to the civil preparedness organization without remuneration. (f) "Civil Preparedness Volunteer" shall mean any person duly registered, identified and appointed by the Director of the Office of Civil Preparedness and assigned to participate in the civil defense activity. (g) "Director" shall mean the City Manager or his designated alternate duly appointed in accordance with Section 5.04 of the City Charter. (h) "Coordinator" shall mean a coordinator of civil preparedness, appointed as prescribed in this ordinance. (i) "Regulations" sha 11 include plans, programs and other emergency procedures deemed essential to civil preparedness. Section 4. ORGANIZATION AND APPOINTMENTS (1) The City Manager is hereby authorized and directed to create an organization for civil preparedness utilizing to the fullest extent the existing agencies within this City. The City Manager, as executive head of the municipal government, shall be the Director of the civil preparedness forces of this City and shall be responsiblE for their organization, administration and operations. (2) The organization shall consist of the following: (a) There shall be an executive head of the Civil Preparedness who shall be known as the Director of Civil Preparedness. The Director may appoint one or more coordinators of Civil Preparedness and such assistants and other employees as are deemed necessary for the proper functioning of the organization (b) The employees, equipment, and facilities of all City departmenu, boards, commissions and contract agencies will participate in the civil defense activity. Duties assigned to a City department shall be the same or similar to the normal duties of the department, if at all possible. However, in times of actual emergency, the basic plan and Section 163.04(e) of the Codified Ordinances of the City of Dublin, Ohio, shall apply. (c) Volunteer persons and agencies offering service to, and accepted by, the City. (3) The Civil Preparedness Director (City Manager) is required to be well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this ordinance. (4) The Civil Preparedness Director shall designate and appoint Deputy Directors to assume the emergency duties of the Director in the event of his absence or inability to act. (This designation to be compatible with the provisions of Section 5.03 of the City Charter. The intent being that there will always and at all times be a City Manager/Civil Preparedness Director in charge in the City.) , RECORD OF ORDINANCES National Graphics Corp., Cols., O. ~ Form No. 2806.A Ordinance N 0 ._____()~-:--~8_________ Passed ____________ _______ _____________________________19_______ Page Three Section 5. EMERGENCY POWERS AND DUTIES (1) The City Manager (a) The Civil Preparedness Director may exercise the emergency powe and authority necessary to fulfill his general powers and duties as defined in Section 5.04 of the City Charter. The judgment of the Civil Preparedness Director shall be the sole criteria necessary to invoke~ emergency powers provided in the City Charter, the Codified Ordinances and other appropriate authorities, and to declare an end to the emergency period. The City Council may convene to perform its legislative powers as the situation demands, and shall receive reports relative to civil preparedness activities, and may declare an end to the emergency period in advance of such declaration as aforesaid by the Civil Preparedness Director in his declara- tion of the end to the emergency period. Nothing in this ordinance shall be construed as abridging or curtailing the powers or restrictions of the City Council as defined in the City Charter or as creating any provision which would be in conflict with the City Charter. (b) During any period when disaster threatens or when the City has been struck by disaster, within the definition of this ordinance, the City Manager may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: (1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of civil defense forces, or to facilitate the mass movement of persons from critical areas within or without the City. (2) Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (3) Such other regulations necessary to preserve public peace, health and safety. (4) Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and stated by newspaper and radio. These regulations will have the force of ordinance when duly filed with the Clerk of Council and violations will be subject to the penalties provided. (c) The Civil Preparedness Director shall direct resources to the aid of other communities when required in accordance with the statutes of the state, and he may request the state, or a political subdivision of the state to send aid to the City of Dublin in case of disaster when resources of the City are no longer adequate to cope with the disaster. (d) The Civil Preparedness Director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people, and bind the City for the fair value thereof. (e) The Civil Preparedness Director may require emergency services of any City officers or employees. If regular City forces are determined to be inadequate, the Director may require the servic es of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by State Law, the City Charter and Ordinances for regular city employees and other registered and identified civil defense and disaster workers and upon deemed, may receive appropriate compensation for their emergency employment. . RECORD OF ORDINANCES . . National Graphics Corp., Cols., O. ~ Form No. 2806-A Ordinance No .m()!+_-_8_8_nnm_n P assedn________n __n___nm_m_______ n_nn __ __19 nn_ - Page Four (f) The Civil Preparedness Director will cause to be prepared the Basic Plan herein referred to and to exercise his ordinary powe s as City Manager in addition to any special powers conferred upon him by this ordinance. (2) Coordinator of Civil Preparedness (a) A Coordinator of Civil Preparedness shall be responsible to the Director in regard to all phases of the civil defense activity. Under the supervision of the Director, he shall be responsible for the planning, coordination and operation of the civil preparedness activity in the City. Under the supervision of the Director, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operatior of the civil defense plan. His duties shall include, but not be limited to, the following: (1) Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the City for civil preparedness purposes. (2) Development and coordination of plans for the immediate use of all of the facilities, equipment, manpower and other resources of the City for the purpose of minimizing or preventing damage to persons and property; and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare. (3) Negotiating and concluding agreements with owners or person in control of buildings or other property for the use of such buildings or other property for the civil preparedness purposes and designating suitable buildings as public shelters. (4) Through public informational programs, educating the civilian population as to actions necessary and required for the protection of their persons and property in case of enemy attack, or disaster, as defined herein, either impending or present. (5) Conducting public practice alerts to ensure the efficient operation of the civil preparedness forces and to familiarize residents with civil preparedness regulations, procedures and operations. (6) Coordinating the activity of all other public and private agencies engaged in any civil preparedness activity. (7) Assuming such authority and conducting such activity as the Director may direct to promote and execute the civil preparedness plan. Section 6. CIVIL PREPAREDNESS AND DISASTER BASIC PLAN (1) A comprehensive civil preparedness and disaster Basic Plan shall be adopted and maintained by Ordinance of the City Council upon the recommendations of the City Manager. In the preparation of this Plan as it pertains to City organization, it is the intent that the service s, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all municipal departments and agencies to perforrr the functions assigned by the Plan and to maintain their portion of the Plan in a current state of readiness at all times. The Basic Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster, as defined in this Chapter, has been proclaimed. . RECORD OF ORDINANCES . ~ National Graphics Corp.. Cols" O. ~ Form No. 2806-A Ordinance No. mmnn()~=~~nun P assednumn un nnnnmmnnnm_nmumnmnl 9 nnnn n' Page Five (2) The Director shall prescribe in the Basic Plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of persons as successors to his position. The list will be in order of succession and will as nearly as possible designate persons best capable of carrying out all assigned duties and functions. (3) Each department or division head assigned responsibility in the Basic Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned City employees and volunteers. Each such supervisor sha 11 formulate the operational plan for this department/ division which, when approved, shall be an annex to and part of the Basic Plan. (4) Amendments to the Basic Plan shall be submitted to the City Manager. If approved, the Director (City Manager) will submit the amendments t the City Council with his recommendation for their approval. Such amendments shall take effect thirty (30) days from the date of approval unless action is taken by the Council disapproving the Director's submission. (5) When a required competency or skill for a disaster function is not available within the City Government, the Director is authorized to seek assistance from persons outside of government. The assignmen of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. Such services from persons outside of government may be accepted by the City on a volunteer basis. Such citizens shall be enrolled as civil preparedness volunteers in cooperation with the heads of City dpeartments affected. (6) Some of the duties ascribed to the Director in this section may ordinarily be handled as a matter of routine by a Coordinator, but the responsibility and authority stem from and remain with the Director. Section 7. NO MUNICIPAL OR PRIVATE LIABILITY (1) This ordinance is an exercise by the City of its governmental functiors for the protection of the public peace, health and safety, and neither the City nor 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 an order, rule or regulation promulgated pursuant to the provisions of this ordinance, shall be liable for any damage sustained to persons or property as thE result of said activity. (2) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right 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 En actual, impending or practice enemy attacks shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. I I .. . .. .. RECORD OF ORDINANCES .I , National Graphics Corp., Cols., O. ~ Form No. 2806-A Ordinance No. ----0-4--&&--------- P assed__________ ______________'n_ _____nn_19 _____ Page Six Section 8. VIOLATION OF REGULATIONS It shall be unlawful for any person to violate any of the provisions of this ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the civil preparedness organization as herein defined in the enforcement of the provisions of this ordinance or any regulation or plan issued thereunder. Section 9. PENALTY Conviction of a violation of any provision of this ordinance or any rule 0 regulation promulgated thereunder by any person, firm or corporation shall be punished as a misdemeanor of the third degree. Section 10. SEVERABILITY Should any provision of this ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or of this ordinance as a whole, it being the legislative intent that the provisions of this ordinance sha 11 be severable and remain valid notwithstanding such declaration. Section 11. CONFLICTING ORDINANCES, ORDERS, RULES AND REGULATIONS SUSPENDED At all times when the orders, rules and regulations made and promulgated pursuant to this Article shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent the rewith. Section 12. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, morals and welfare of the citizens of the City of Dublin, Ohio; and, for the further reason that a "disaster" policy be put into effect as soon as possible, this ordinance shall take effect immediately upon its adoption. Passed this 4th day of January 1983. , ~ Mayor - Presiding Officer Attest: MIl4t-b2<) 7/;, t(A4~~1 Clerk of Council Sponsor: City Manager45 I hereby certify that copies of this Ordinance/Resolution were posted in tl13 Viii=rrc of D;'~!in ill &ccordar.ce with Section 731.25 cf the G:::J Rs~issd CC~3. -1Aa~zo '->>7. Z{~~ Clerk of Council