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HomeMy Public PortalAbout204CITY OF MEDINA SUMMARY OF ORDINANCE NO. ,4D # AN ORDINANCE ESTABLISHING A DEPARTMENT OF EMERGENCY SERVICES WITHIN THE CITY OF MEDINA Purpose of Ordinance 204 is to insure that the City is prepared for natural and hostile disaster by coordination of emergency services within the City and in cooperation with other agencies. Sections 40.04 - 40.11 outlines the establishment of a Civil Defense Agency with appointment of an Advisory Committee and Director with duties and responsibilities of each. Section 40.12 provides for the establishment of an Emergency Service Fund for operation of the Department with reporting required on an annual basis, by the Director to the City Council. Section 40.13--40.15 outlines provisions for cooperation with other agencies engaged in Civil Defense and Emergency Services and penalties for violation of any section of said Ordinance. A copy of the entire ordinance may be obtained at City Hall. Ad ted by the Council of the City of Medina this er day of 1g83. Clerk -Treasurer or CITY OF MEDINA ORDINANCE NO. 4 L AN ORDINANCE ESTABLISHING A DEPARTMENT OF EMERGENCY SERVICES WITH THE CITY OF MEDINA THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS: SECTION 1. Section 40.01 Polic and Purpose. To insure that the City is prepared for such disasters as enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, draught, tornado, storm or other natural causes, and to generall pro- vide for the common defense and the protection of the y c welfare, peace, health and safety,y rubli Coun establishes the Department of EmergencyCServicescil forhthebfollow- ing general purposes: (1) To provide for the exercise of necessary powers during public emergencies: (2) To provide for the rendering of mutual aid be- tween this City and other political subdivisions of the State and of other states in carrying out emergency ser- vices; (3) To coordinate the emergency services with com- parable functions of the Federal Government, of other states and localities, and private agencies of every type, to the end that effective preparations may be made and the maximum use may be made of the work force of the City, State and nation. Section 40.03 Definitions. For the purposes of this Ordin- ance, each term defined in this section shall have the meaning ascribed to it. (1) Disaster. Disaster means a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted or is likel to result in catastrophic loss to y traditional sources of relief and assistanceand within the affected area are unable to repair or prevent the injury or loss. (2) Emergency. Emergency means an unforeseen com- bination of circumstances which calls for immediate action to prevent a disaster from developing or occurring. (3) Emergency services. Emergency services means the preparation or and the carrying out of all emergency func- tions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair in- jury and damage resulting from disasters. These functions include, without limitation, fire -fighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency trans- portation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to prepar- ation for and carrying out of the foregoing functions. (4) Department of Emergency Services. Department of Emergency Services means an organization created by this Ordinance. (5) Mobile Support Unit. Mobile support unit means an organization for emergency services created in accordance with the provisions of this chapter by the state or a political subdivision to be dispatched by the governor to supplement local organizations for emergency services in a stricken area. (6) Organizational Equipment. Organizational Equipment means equipment and supplies essential for emergency services in excess of equipment and supplies provided for normal oper- ation of the state or a political subdivision to the acquisi- tion of which the federal government will contribute. (7) Imminence. Imminence means clear and present danger to life and/or property rights as a result of an emergency or disaster. Section 40.04 Establishment of Civil Defense Agenc. is hereby created a Department of Emergency Services which shall be under the supervision and control of the Director of Emergency Services. The Director shall be appointed by the Mayor for an in- definite term and it may be removed by the Mayor at any time with or without cause. The Director may be compensated at a rate to be determined by the City Council and shall be reimbursed for expenses necessarily incurred in the performance of duty. The Director shall have responsibility for the organization, administration, and operation of the Department of Emergency Services, subject to the direction and control of the Mayor. The Department of Emergency Services shall perform both civil defense functions and emergency service functions both within and without the City as may be re- quired by the Minnesota Civil Defense Act of 1951 as amended, or by this Ordinance. Section 40.05 Advisory Committee. An Advisory Committee is hereby created to advise the Director and the City Council on all matters pertaining to civil defense and emergency services. Each member of the committee shall be appointed by the Mayor, may be removed by the Mayor with or without cause, and shall serve with- out compensation. The Mayor shall chair the Advisory Committee and the Director shall be the Secretary. Section 40.06 Powers and Duties of the Director. The Direc- tor with the consent of the Mayor, shall represent the City on any federal, state, regional or local organization for civil de- fense or emergency services. The Director shall perform the following duties and exercise the following powers: (1) The Director shall prepare a comprehensive plan for the civil defense and delivery of emergency services for the City which shall be coordinated with such comprehensive plans of other cities and the State of Minnesota; (2) The Director may procure supplies and equipment for the preparation of training programs and public infor- mation programs, and shall conduct practice, drills and other training exercises that may be necessary to fully train and equip civil defense and emergency service personnel for their duties in time of need; (3) The Director may survey the training and education of the work force of the City, the industries, and resources and facilities of the City in order to ascertain their cap- ability to function in time of emergency; (4) The Director may, in cooperation with other public and private agencies within the State of Minnesota, and in cooperation with other cities and political subdivisions, develop mutual aid arrangements for reciprocal civil defense aid and rendering of emergency services in cases where the local effort would require assistance; (5) The Director shall cooperate with federal, state and local officials in matters pertaining to the training, equip- ping, and functioning of civil defense efforts and emergency services of every kind; -3- (6) The Director may prepare a budget for the acquisition of organizational equipment which meets standards set by the State of Minnesota and, subject to the approval of the City Council, take the necessary administrative steps to procure such equipment and any state, federal or local financial assistance available in connection therewith; (7) The Director shall formulate, and to the extent required, shall execute plans for the control of traffic in time of civil defense needs or for the delivery of emergency services. Section 40.07 Coordination of Goods and Services. •In carrying out the duties hereunder, the Director shall use the services, equipment, supplies and facilities of existing departments, offices, personnel, and agencies of the City to the maximum extent practic- able and all City employees are directed to cooperate with the Director in carrying out civil defense and emergency service func- tions. Section 40.03 Local Emer encies. A local emergency may be declared y t e Mayor upon mating a finding that a clear and pres- ent danger to life and/or property exists as a result of an emergency or disaster or the imminent approach thereof. by the declaration of a local emergency, the Ma ornmay, byi rocl mati_on, promulgate regulations which are consistent with applicable r, federal and state laws or regulations relatingto hostile attack, the soundingoron protection against the conduct of persons and he usebofcprivate ofproperty lduring ate remer- gencies, the safeguarding of essential public services, and all other matters necessary to protect the public health, safety and welfare during, and in the aftermath of such local emergency. emergencylregu10at09onseshallybeeinlations. wFT.Eli andEvery proclamation of shall be dated, and shall describe the nature ofgthe localned bye emergency to which it pertains. A copy thereof shall be kept on file by City Clerk and shall be available forp inspection all l the reasonable times. A copy of the regulations shall bepostedat the City Hall or such other headquarters location as may be desig- nated. All changes in such regulations shall be promulgated in like manner. Section 40.10 Termination of Emergency Regulations. Emery ✓ regulations promulgated by the Mayor may be terminated by the City Council at any time. If not sooner terminated, each such regulation shall expire at the end of three days after its effective date or at the end of the Local Emergency, whichever occurs first - 4 - Section 40.11 Director's Responsibilities During Emergencies. The Director shall, in cooperation with existing City Departments, organize, recruit, and train City personnel and local volunteers to carry out civil defense and emergency service plans of the City and the State. Volunteers shall be assigned to and shall be under the command of the Director. The Director may dismiss with or without cause any volunteer at any time and require said volunteer to surrender any equipment, identification, or other semblance of authority furnished by the City. (1) The Director shall carry out all orders, rules, and regulations issued by the Governor or by the Mayor pertaining to civil defense or emergency services;. (2) The Director shall provide and equip emergency headquarters, hospitals, conveyances, and other facilities as are necessary to carry out the Comprehensive Plan; (3) The Director shall direct and control the general operations of all civil defense and emergency services in conformity with state and local plans, regulations, and instructions; civil defense volunteers shall be called into service only in case of an emergency for which regularly employed municipal personnel are inadequate or for the necessary training and preparation for such emergencies. A11 volunteers shall serve without compensation. (4) Each civil defense volunteer shall be provided with a means of identification as may be required by the Director, in keeping with the form and style of such identification required by the state or local government. No person other than an authorized volunteer shall use such identification or otherwise impersonate an authorized volunteer. No volun- teer shall exercise authority over any person or property without identification and authorization. (5) No civil defense volunteer shall carry any firearm while on duty except on written order of the Director. Section 40.12 Procedures of the Department of Emergency Ser- vices. An Emergency Service Fund is hereby established under the control of the City Clerk/Treasurer. The proceeds of all taxes levied under M.S.A. Sec. 12.26, all gifts received, all monies transferred from other funds, and all other revenues pertaining to civil defense or emergency services shall be deposited therein. All expenditures for the operation and maintenance of the Depart- ment of Emergency Services and other expenditures for Civil Defense shall be made from such fund. 0n or before August 1st of each year the Director shall prepare and present to the City Council a -5- comprehensive report on the activities of the Department of Emer- gency Services during the preceding year, and shall present a proposed budget for the ensuing year. Section 40.13 Cooperation with Federal and State Authority. Every officer and agency of the City shall cooperate with the Fed- eral and State Authority and with authorized agencies engaged in civil defense and emergency services to the fullest extent possible consistent with the performance of their duties. The provisions of this Ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as they may be in conflict therewith. Section 40.14 Civil Defense a Governmental Function. A11 functions authorized and carried out hereunder and all other activi- ties relating to civil defense or emergency services are hereby declared to be governmental functions. Except in cases of willfull- ness conduct, the City, its officers, agents and employees while engaged in authorized civil defense or emergency service activities, shall not be liable for an injury or death of any person or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this ordinance or under the worker's compensation law, any pension law, any loan or benefit or compensation resulting from an Act of Congress, State of Minnesota, or other governmental agency. Section 40.15 Penalties. Any person who violates any provision of this Ordinance or a regulation adopted thereunder relating to acts, ommissions, or conduct other than official acts of City officers, employees or volunteers, is guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed $500.00 or by im- prisonment not to exceed 90 days or both. SECTION 2. This Ordinance becomes effective upon its adoption and publica- tion. Adopted by the City Council of the City of Medina this (.,a? / day of ez , 1982. no Las Ande s.n, .`avor ATTEST: Donna Hoeni, leric -6- Published in the /,� ✓d� Imo./��.3 this 9 day of