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HomeMy WebLinkAbout115_Civil Defense OrganizedORDINANCE NO. 115 AN ORDINANCE ESTABLISHING A CIVIL DEFENSE ORGANIZATION FOR THE TOWN OF OWASSO, OKLAHOMA; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR OF CIVIL DEFENSE AND OTHER PERSONNEL; CONFERRING CERTAIN POWERS OF THE CIVIL DEFENSE ORGANIZATION TO PLAN FOR AND TO COPE WITH EMERGENCIES CREATED BY ANY MAJOR DISASTER; AUTHROIZING MUTUAL AID BETWEEN THE TOWN OF OWASSO AND OTHER GOVERNMENTAL JURISDICTIONS; PROVIDING FOR THE ESTABLISHMENT OF SUCH ORGANIZATIONS AND THE TAKING OF SUCH ACTION AS MAY BE NECESSARY AND APPOPRIATED TO CARRY OUT THE PROVISIONS OF THIS ORDINANCE; PROHIBITING DISCRIMINATION OR SEGREGATION OF BENEFITS AND SERVICES PROVIDED BY THE CIVIL DEFENSE PROGRAM ESTABLISHED BY THIS ORDINANCE PROVIDING DEFINITIONS OF WORDS USED HEREIN; CONTAINING AND PENALTY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, AS FOLLOWS: SECTION 1. This ordinance shall be know as the Civil Defense Ordinance of The Town of Owasso, Oklahoma. SECTION 2. DEFINITIONS. The following terms, as used in this ordinance, shall be construed as follows, unless a contrary intent appears clear from the context: (a) "Civil Defense" means the preparation for and the carring out of all emergency functions other than functions for which primary responsibility is assigned elsewhere by Federal, State, or local law or ordinances, to protect the public peace, health and safety, and to preserve lives and property, in The Town of Owasso, Oklahoma, during any emergency resulting from enemy attack, sabotage or other hostile action, or from any lfood, drought, fire, hurricane, earthquake, shorm, or other catastrophe in or near the Town of Owasso, Oklahoma, and involving imminent or actual peril to life and property in the Town of Owasso, Oklahoma, and such functions shall include administrative, organization, planning, recruiting, training, education, information, welfare service, relief service, police service, warden service, fire service, resuce service, medical service, health service, transportation service, communications service, streets and sewers service, utilities service, general engineering service, plant protection service, supply service, mutual aid, mobile support, evacuation, and all other functions necessary or incidental to the prservation for and carrying out of the foregoing functions. (b) "Enemy - Caused Emergency" means any state of emergency caused by actual or impending attack, sabotage or other hostile action, anywhere within the United States of America, and involving imminent peril to lives and proerty in the Town of Owasso, Oklahoma, and such emergency shall be deemed to exist only when the President of the Board of Trustees of the Town of Owasso, Oklahoma, shall so declare by proclamation such existance, and shall be deemed to continue to exist unil the President of the said Board of Trustees or his successor shall declare its terminiation by public proclamation, or until the governing body shall declare its terination by resolution. (c) "Natural Emergency" means any state of emergency caused by any actual or impending flood, drought, fire, hurricane, earthquake, stom, or other catastrophe in or near The Town of Owasso, Oklahoma, and involving imminent peril to lives and property in the Town of Owasso, Oklahoma, and such emergency shall be deemed to exist and to be terminated under the same conditions and in the same manner as prescribed for an "enemy-caused emergency". SECTION 3. CIVIL DEFENSE ADMINISTATION CREATED. There is hereby established within the executive branch of the town government of The Town of Owasso, Oklahoma, "The Town of Owasso, Oklahoma, Civil Defense Administration," which offices shall consist of: (a) A director of Civil Defense, who shall be appointed by the executive head of the governing boy of the Town of Owasso, Oklahoma, and shall serve at their pleasere or until the repeal of this ordinance, The director shall be the executive head of the office of civil defense, and shall be responsibole to the president of the Board of Trustees of the Town of Owasso for carrying out the civil defense program of the town. he shall coordinate the activities of all organizations for civil defense within the town, and shall maintain liaison with and cooperate with the civil defense agencies and organizations of other governmental units both within and without the State of Oklahoma, and of the Federal Goverment, and shall have such additional authority, duties and responsibilities as may be authorized under this ordinance, or amendments thereof. he shall serve without compensation but may be reimbursed for expenses incurred in the performance of his duties. (b)Such other volunteer civil defense advisory committees as may be created by the director, for the evaluation of technical, professional or other phases of the work of the office of civil defense, and which may provide advisory assistance on any matters pertaining to the town's civil defense. SECTION 4. OFFICE SPACE, EQUIPMENT AND SUPPLIES. Appropriate office space, furniture, equipment, and supplies as required shall beprovided for the office of civil defense. Expenditures for these purposes, within the appropriations therefore, shall be made only on authority of the Board of Trustees of the Town of Owasso, Oklahoma. The Director shall also, within the appropriations therefore, establishsh a primary and one or more secondary control centers, as he deems necessary to serve during an enemy-caused or a natural emergency. SECTION 5. CIVIL DEFENSE DIRECTOR-AUTHORITY-RESPONSIBILITY. The director shall have general direction and control of the office of civil defense, and shall be responsible for carrying out the provisions of this ordinance. In so carrying out the provisions of this ordinance, the director is expressly authborized to cooperate, insofar as permitted by other appropriate legislation, with the federal government, the governments of Oklahoma and its subdivisions, with other states and their subdivisions, and with private agencies, in all matters pertaining to civil defense in The Town of Owasso, Oklahoma. SECTION 6. AUTHORITY OF DIRECTOR PRIOR TO EMERGENCIES. Prior to an emergency as defined in this ordinance, the diretor shall have the following powers: (a)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 conosideration to be given to the plans and powers of the federal government, the government of Oklahoma, and other public and private agencies and organizations empowered to ace in either enemy-caused emergencies or natural emergencies, or both. (b) To prepare comprehensive plans for the civil defense of the town in both enemy-caused and natural emergencies, such plans and programs to be integrated and coordinated with the plans and programs of the federal government, of the government of Oklahoma, and of other public and private agencies and organizations empowered to act in either enemy-caused or natural emergencies, or both. (c) To establish, within the limits of funds available, a public warning system, composed of sirens, horns, or other acceptable warning devices. (d) To establish and carry out recruitment and training programs as may be necessary to develope an adequate, qualified civil defense volunteer corps. (e) To conduct drills, execises, and similar programs as may be necessary to develope a well-trained, alert, fully prepared civil defense organization. (f) To make such studies and surveys of the industries, resources, and facilities o this town as he deems necessary to ascertain its capabilities for civil defense, and plan for the most efficient emergency use therefor. (g) On behalf of the Town of Owasso, Oklahoma, to enter into mutual aid agreements with surrounding cummunities, subject to the approval o the Board of Trustees of said Town. (h) To delegate any administrative authority vestin in him under the ordinance, and to provide for the subdelegation of any such authority. (i) To take any other action proper and lawful under his authoirty to prepare for either an enemy-caused or a natural emergency. SECTION 7. POWERS OF DIRECTOR DURING ENEMY-CAUSED EMERGENCT. In the event of any actual enemy-caused emergency, as proclaimed by the Chairman of the Board of Trustees of the Town of Owasso, Oklahoma, the director of civil defense, with the approval of the Chairman of said Board of Trustees, may exercise during such emergency, the power to enforce all rules and regulations relating to civil defense, and acting under the authority of statutes, now in force or to be enacted, or under the authority of the said board Chairman as an agent of the Governor of the State of Oklhaoma, may take control of all means of transportation and communications, all stocks of fuel, food, clothing, medicine and supplies, and all facilites including buildings and plants, and exercise all powers necessary to secure the safety and protection of the civilian population. in exercising such powers, the Director shall be guided by regulations and orders issued by the Federal Government and the governor of the state of Oklahoma relating to civil defense and shall take no action contary to orders which may be issued by the Governor under similar emergency powers; he is further authorized to formulate written plans and gather information and keep written record thereof to govern the functions of the civil defense organization. SECTION 8. POWERS AND UTIES OF DIRECTOR DURING NATURAL EMERGENCY. In the event of any natural emergency as proclaimed by the President of the Board of Trustees of the Town of Owasso, Oklahoma, and Director of Civil Defense, with te approval of said board Chairman and acting under his instructions, shall coordinate in every way proper andactivities of the civil defense organization. he is specifically charged in such emergency with the collection, evaluation, and dissemination of information to all agencies, both public and private, participating in the civil defense organization of the Town of Owasso, Oklahoma, or cooperating in any such emergency. He shall, as director, have the power to recommend appropriate action, but he shall not otherwise control over the participating agencies. He shall also recommend to the President of the Board of Trustees the allocation of any funds received from the federal or stategovernments or from any other source to alleviate distress and aid in restoring normal conditions. SECTION 9. NON-LIBILITY OF TOWN OR CIVIL DEFENSE ORGANIZATION PERSONNEL. Neither The Town of Owasso or any officer or member of the civil defense organization provided for in this ordinance shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civil defense worker or member of any agency engaged in civil defense activity prior to or during either an enemy-caused or natural emergency. Nor shall the town or any such officer or member be liable for the death or injury of any person, or damage to property, resulting from such civil defense activity prior to or during either an enemy-caused or natural emergency. SECTION 10. DIRECOR OF CIVIL DEFENSE TO ACCEPT GIFT, GRANT OR LOAN, WHEN -. Whenever the Federal Government or the State of Oklahoma or any person, firm, or corporation shall offer to the Town of Owasso, Oklahoma, any services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of civil defense, the president of the Board of Trustees of the Town of Owasso, Oklahoma, may accept such offer and may authorize the Director of Civil Defense to receive same subject to the terms of the offcer and the rules and regulations, if any, of the agency making the offer. SECTION 11. DEFINITION OF WORD "PRESIDENT", "CHAIRMAN". Whenever used in this ordinance, unless otherwise indicated herein, the word "President" and the word "Chairman" shall be synonymous and interpreted to mean the president of the Board of Trustees of the Town of Owasso, Oklahoma, or moay or other names chief executive officer of said town at the time of application of this ordinance. SECTION 12. DISCRIMINATION PROHIBITED. No person shall be deprived of the equal benefits of, or be sujected to discrimination or restrictive in the equal enjoyment of any advantage, privilege, or participation, service to be received or to be furnished or provided, under the program of civil defense established by this ordinance, or to be classified, segrated or grouped, by reason of racfe, color or national orgin, or religion or the lask thereof. SECTION 13. PENALTIES. Any person violating any the provisions of this ordinance in the Town of Owasso, Oklahoma, or who shall fail to carry out any of the orders, rules, or regulations made under the authority hereof, shall upon conviction be punished by a fine not exceeding Twenty Dollars ($20.00) including costs. SECTION 14. SAVING CLAUSE. Should any provision of this ordinance or the application thereof to any person or circumstance be held invalid by any Court of competent jurisdiction, the remainder of the ordinance, and each section or clause of any section, and its application to persons or circumstances, other than those as to which it or they are held invalid, shall not be affected thereby, and such remaining part of said ordinance SECTION 15. EMERGENCY CLAUSE. The passage of this ordinance being deemed necessary for the immediate preservation of the public safety, peace and welface, an emergency is hereby declared to exist and this ordinance shall take affect immediatley upon its passage and approval. PASSED, APPROVED, ADOPTED, and THE EMERGENCY CLUASE RULED AND VOTED UPON SEPEARTELY AND PASSED this ___ day of August, 1969. President of the Board of Trustees of Owasso, Oklahoma ATTEST: Town Clerk. , Board Member APPROVED Attorney for the Town of Owasso