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HomeMy WebLinkAbout2067 ORDINANCE NO. 2067 AN ORDINANCE relating to Civil Defense and declaring an emergency. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans, including mock or practice drills, for the civil defense of persons and property within this city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this city with all other puolic ag- encies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activ- ities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to ce for the direct protection and benefit of the inhabitants and property of the City of Bremerton. Section ~. A. Definitions. Civil Defense. As used in thisordinance, the term "civil defense" shall mean 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. It shall not include, nor does any provision of this ordinance apply to any condition relating to a labor con- troversy. B. Disasters. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood storm, epidemic, riot, earthquake or other similar public calamity. Section 3. Civil Defense Council. Membership. The Bremerton Civil Defense Council is hereby created and shall consist of the following: A. The ~ayor, who shall be chairman. B. The director of civil defense, who shall be vice chairman. C. Such deputy directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this ordinance. i D. Such representatives of civic, business, labor, veterans, pro- ~. fessional or other organizations having an official group or organization civil defense responsibility as may be appointed by the mayor with ~he advice and consent of the city council. Section ~. Civil Defense Council. Powers and Duties. It shall be the d~ty of the Bremerton civil defense council, and it is hereby empowered, to review and recommend for adoption by the city council, civil defense and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The civil defense council shall meet upon call of the chairman or in his ab- sence from the city or inability to call such meeting, upon the call of the vice chairman. Section ~. Director of Civil Defense. Powers and Duties. There is hereby crea~ed the office of director of civil defense. Such officer shall be appointed by the mayor wi~h the advice and consent of the city council. The director is hereby empowered: A. ~o control and direct the effort of the civil defense organization f this city for the accomplishment of the purposes of this ordin- ance. B. To direct coordination and cooperation between divisions, services, and staff of the civil defense organization of t.his city, and to resolve questions of authority and responsibility that may arise between them; C. To represent the civil defense organization of this city in all dealings with public or private agencies pertaining to civil de- fense and disaster. Section 6. In the event of disaster as herein provided, the director is hez~eby empowered: Ordinance No. 2067 (Con't) A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council. B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and pro- perty of the people, and bind the city for the fair value there- of, and if required immediately, to commandeer the same for pub- lic use. C. To require emergency services of any city officer or employee, to command the air of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered eivil defense worker vol~nteers$ D. To requisition necessary personnel or material of any city de- partment or agency. Section 7. Civil Defense Organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons wino may by agreement or operation of law, including persons pressed into service under ~he provisions of Section 6 (C) of this ordinance, be charged with duties incident to the protection of life and property in,this city dur- ing such disaster, shall constitute the civil defense organization of the City of Bremerton. Section 8. Divisions~ Services and Staff of the Civil Defense Or- ganization. The functions and duties of the Bremerton civil defense or- ganization shall be distributed among such divisions, services and special staff as ~he city council shall prescribe by resolution. The City Council shall concurrently with the adoption of this ordin- ance, adopt a resolution setting forth the form of organization, estab- lishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form or organization, titles and terminology shall conform to the recommendations of ~he Federal government and the Department of Civi~ Defense of the State of Nashington. Section 9. Punishment of Violations. It shall be a misdemeanor, punishabl& by a fine of not to exceed ~ZOO.O0 or by imprisonment in the ~ity jail for no~ more than ninety days or by both such fine and imprison- ment for any person during a disaster: A. $o wilfully obstruct, hinder or delay any member of the civil d~ense organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in ~he perform- ance of any duty imposed upon him by virtue of this ordinances B. To do any act forbidden by any lawful rules or regulations is- sue sued pursuant to this ordinance, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereo£; C. To wear, carry or display, without authority, any me~ns of iden- tification specified by the State Department~of Civil Defense. Section 10~ Repeal of Conflicting Ordinances. Any ordinances of the C~ty of Br~mer~on in conflict herewith are hereby repealed, provided, that it is the in~ent of the city council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance re- pealed by this ordinance, and the status of volunteers shall not be af- fected by such repeal; nor shall civil defense mutual aid plans and agree- ments, rules and regulations or resolutionsadopted pursuant to such re- pealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. Section ll. Effective Date. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the Ordinance No. 2067 (Con't) public peace, health and safety, and shall take effect immediately. The following is a statement of the facts showing tis urgency: The National Security Resources Board of the Federal Government has recently published its plan for the civil defense of the country. The State of Washington, acting in accordance with the Federal plan, has en- acted and made immediately effective the Washington Civil Defense Act of 1951. Ooth the Congress and the Legislature have adopted comprehensive civil defense laws. Both Federal and State plans contemplate immediate adoption of such local legislation as is necessary to put into operation a coordinated and effective civil defense program so that each citizen and each community will be ready in the event of a disaster to afford as complete protection as is possible to life and property. In order that the laws of this city relating to civil defense may be brought into con- formity with the Federal, State, and County plans at the earliest possible date, it is necessary that this ordinance take ~ffect immediately. Section 12. No Private Liability. No individual firm, association, corporation or other party, owning, maintaining or controlling any build- ing or premises who voluntarily and without compensation grants to the city of bremerton a license or privilege or otherwise permits said city to inspect, disignate and use the whole or any part or parts of such build- ing or premises for the purpose of sheltering persons during an actual im- pending, mock or practice attack, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for in- juries sustained by any person while in or upon said building or premises as a result of the condition of said building or premises or as a result of any act or omission in connection with the upkeep or maintenance, there- of, (except a wilful act of misconduct) when such person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during destructive operations or attacks by enemies of the United States or during a mock or practice attack or test ordered by law- ful authority. Section 13. Severability. If any provision of this ordinance or the a~lication thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect Without the invalid provision or ap- plication, and to this end the provisions of this ordinance are declared to ~ severable. PASSED UNANIMOUSLY by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 21st day of April, 1954. ATTEST: S.W. E.H. . McGOWAN, City Clerk.