HomeMy WebLinkAboutChapter 5: Civil Defense and Emergencies City of Edina Civil Defense and Emergencies 505.02
CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
505.01 Policy and Purpose.
Subd. 1 Necessary Precautions. Because of possible disasters resulting from
enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake or
other natural causes, and in order to ensure that preparations of the 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 the City, it is hereby found and declared to be
necessary:
A. To establish a local organization for civil defense.
B. To provide for the exercise of necessary powers during civil defense
emergencies.
C. To provide for the rendering of mutual aid between the City and other
political subdivisions of this State and of other states with respect to the
carrying out of civil defense functions.
Subd. 2 Coordination with Other Jurisdictions. It is further declared to be the
purpose of this Section and the policy of the City that all civil defense functions of
the City be coordinated to the maximum extent practicable with the comparable
functions of the federal government, of this State, and of other states and localities,
and of private agencies of every type, to the end that the most effective preparations
and use may be made of the nation's manpower, resources, and facilities for dealing
with any disaster that may occur.
505.02 Definitions. Unless the context clearly indicates otherwise, the following terms
have the meanings given in this Section:
Civil Defense. The preparation for and the carrying out of all emergency functions,
other than functions for which military forces are primarily responsible, to prevent,
minimize and repair injury and damage resulting from disasters caused by enemy
attack, sabotage, or natural causes. These functions include, without limitation,
fire-fighting services, police services, medical health services, rescue, engineering,
air-raid warning services,communications,radiological,chemical and other weapons
defense, evacuations of persons from stricken areas, emergency welfare services,
emergency transportation, existing or properly assigned functions of plant
protection, temporary restoration of public utility services, and other functions
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City of Edina Civil Defense and Emergencies 505.04
related to civilian protection, together with all other activities necessary or
incidental to preparation for and carrying out of the foregoing functions.
Civil Defense Emergency. An emergency declared by the Governor under M.S.
12.311, or an emergency proclaimed by the Mayor under Subsection 505.05.
Civil Defense Forces. Any personnel employed by the City and any other volunteer
or paid member of the local civil defense agency engaged in carrying on civil
defense functions in accordance with the provisions of this Section or any rule or
order thereunder.
505.03 Establishment of Civil Defense Agency. There is hereby created within the City
government a civil defense agency, which shall be under the supervision and control of a
director of civil defense (hereinafter called the"Director"). The Director shall be appointed
by the Mayor for an indefinite term and may be removed by the Mayor at any time. The
Director may be compensated at a rate to be determined by the Council and the Director
shall be paid necessary expenses. The Director shall have direct responsibility for the
organization, administration and operation of the civil defense agency, subject to the
direction and control of the Mayor. The civil defense agency shall be organized into such
divisions and bureaus, consistent with State and local civil defense plans, as the Director
deems necessary to provide the efficient performance of local civil defense functions during
a civil defense emergency. The civil defense agency shall perform civil defense functions
within the City and in addition shall conduct such functions outside the City as may be
required pursuant to the provisions of M.S. Chapter 12, or this Section.
505.04 Powers and Duties of Director.
Subd. 1 Mutual Aid Agreements. The Director shall develop for Council approval
proposed mutual aid agreements with other political subdivisions with or outside
the State for reciprocal civil defense aid and assistance in an emergency.
Subd. 2 Studies and Surveys to Determine Adequacy for Civil Defense. The
Director shall make such studies and surveys of the manpower,industries,resources,
and facilities of the City as the Director deems necessary.
Subd. 3 Comprehensive General Plan. The Director shall prepare a
comprehensive general plan for the civil defense of the City and shall present such
plan to the Council for approval.
Subd. 4 Training, Administration, and Command of Resources. The Director
shall, in cooperation with existing City departments and agencies affected, organize,
recruit, and train auxiliary police, auxiliary firefighters, emergency medical
personnel, and any other personnel that may be required on a volunteer basis to
carry out the civil defense plans of the City and the State. Such volunteer shall not
be considered an employee as defined by Section 150 of this Code.
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City of Edina Civil Defense and Emergencies 505.05
Subd. 5 Equipment and Facilities. The Director shall provide and equip
ambulances, evacuation centers, and other facilities or conveyances for the care of
injured or homeless persons.
Subd. 6 Governor's Orders. The Director shall carry out orders, rules and
regulations issued by the Governor with reference to civil defense.
Subd. 7 Emergency Operation Center. Consistent with the civil defense plan, the
Director shall provide and equip at some suitable place in the City a Emergency
Operation Center and, if required by the State civil defense plan, an auxiliary
control center to be used during a civil defense emergency as headquarters for
direction and coordination of civil defense forces. The Director shall arrange for
representation at the control center by municipal departments and agencies, public
utilities and other agencies authorized by federal or State authority to carry on civil
defense activities during a civil defense emergency.
Subd. 8 Manpower, Equipment and Property During a Civil Defense Emergency.
During the first 30 days of a civil defense emergency, if the State legislature is in
session or the Governor has coupled a declaration of the emergency with a call for
a special session of the State legislature, the Director, when necessary to save life
or property, may require any person, except members of the federal or State military
forces and officers of the State or any other political subdivision, to perform services
for civil defense purposes and the Director may commandeer, for the time being,
any motor vehicle, tools, appliances or any other property, subject to the owner's
right to just compensation as provided by State law.
505.05 Emergency Regulations.
Subd. 1 Definition of Civil Defense Emergency. When used in this Subsection,
the term "civil defense emergency" includes, in addition to the meaning given in
Subsection 505.02, Subd. 23, disasters caused by fire, flood, windstorm or other
natural causes.
Subd. 2 Mayor to Promulgate Regulations. Whenever necessary to meet a civil
defense emergency for which adequate regulations have not been adopted by the
Governor or the Council, the Mayor may by proclamation promulgate regulations,
consistent with applicable federal or State laws or regulations to protect public
safety, health, and welfare in civil defense emergencies.
Subd. 3 Written Proclamation of Regulations. Every proclamation of emergency
regulations shall be in writing and signed by the Mayor, shall be dated, shall refer
to the particular civil defense emergency to which it pertains, if so limited, and shall
be filed in the office of the Clerk, where a copy shall be kept posted and available
for public inspection during business hours. Thereupon the regulation shall take
effect immediately or at such later time as may be specified in the proclamation.
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City of Edina Civil Defense and Emergencies 505.06
By like proclamation the Mayor may modify or rescind any such regulation.
Subd. 4 Rescinding Emergency Regulations. The Council may rescind any such
regulation by resolution at any time. If no sooner rescinded, every such regulation
shall expire at the end of 30 days after its effective date or at the end of the civil
defense emergency to which it relates, whichever occurs first. Any provision of this
Code, rule or regulation inconsistent with an emergency regulation promulgated by
the Mayor shall be suspended during the period of time and to the extent that such
conflict exists.
Subd. 5 Contracts. During a civil defense emergency the City is, notwithstanding
any Statute or provision of this Code to the contrary, empowered, through its
governing body acting within or without the corporate limits of the City, to enter
into contracts and incur obligations necessary to combat such disaster by protecting
the health and safety of persons and property, and providing emergency assistance
to the victims of such disaster. The City may exercise such powers in the light of
the exigencies of the disaster without compliance with time-consuming procedures
and formalities prescribed by State Law pertaining to the performance of public
work, entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, limitations upon
tax levies, and the appropriation and expenditure of public funds including, but not
limited to, publication of ordinances and resolutions, publication of calls for bids,
provisions of civil service laws and rules, provisions relating to low bids, and
requirements for budgets.
505.06 Civil Defense Agency Procedure.
Subd. 1 Civil Defense Fund. There is hereby established in the City treasury a
special fund to be known as the civil defense fund. Into this fund shall be placed
the proceeds of taxes levied for civil defense, money transferred from other funds,
gifts and other revenues of the civil defense agency. From it shall be made
expenditures for the operation and maintenance of the civil defense agency and
other expenditures for civil defense. Regular accounting, disbursement, purchasing,
budgeting and other financial procedures of the City shall apply to the civil defense
fund insofar as practicable; but budgeting requirements and other financial
procedures shall not apply to expenditures from the fund in any case when their
application will prevent compliance with terms and conditions of a federal or State
grant of money or property for civil defense purposes.
Subd. 2 Annual Comprehensive Report. The Director shall, as soon as possible
after the end of each fiscal year, prepare and present to the Council for the
information of the Council and the public, a comprehensive report of the activities
of the civil defense agency during the year.
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City of Edina Civil Defense and Emergencies 505.07
505.07 Participation in Labor Dispute or Politics. The civil defense agency shall not
participate in any form of political activity nor shall it be employed directly or indirectly
for political purposes, nor shall it be employed in a legitimate labor dispute.
History: Ord 502 codified 1970
Reference. M.S. Chapter 12, 12.31
Cross Reference: Section 150
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