004-88 Ordinance
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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.
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National Graphics Corp., Cols., O. .... Form No. 2806-A
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(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.)
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National Graphics Corp., Cols., O. ~ Form No. 2806.A
Ordinance N 0 ._____()~-:--~8_________ Passed ____________ _______ _____________________________19_______
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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.
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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_ -
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(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.
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(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.
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National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance No. ----0-4--&&--------- P assed__________ ______________'n_ _____nn_19 _____
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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.
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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