ORD NO 05-1964 ORDINANCE NO. 5 -1964
AN ORDINANCE CREATING AND ESTABLISHING A CIVIL DEFENSE AND PROVIDING
FOR A DIRECTOR THEREOF: GRANTING CERTAIN PU'UEEIS: DESCRIBING THE
DUTIES`THEREOF, AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
SECTION I. POLICY AND PURPOSE
(A) Because of the existing and increasing possibility of the
occurrence of disasters of unprecendented size, and destructiveness
resulting from enemy attack, sabotage, or other natural causes, and
in order to insure that preparations of this 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 this City; it :is
hereby found and declared to be necessary: (1) to create an
Executive Office of Civil Defense and Disaster Relief; (2) to provide
for the rendering of mutual aid to other cities within the State' of
Arkansas, and those adjoining States, and to cooperate with the State
Government with respect to carrying out Civil Defense functions.
(B) It is further declared to be the purpose of this ordinance,
and the policy of this City, that all City Civil Defense functions be
coordinated to the maximum extent with the comparable functions of the
State: Government, including its various departments and agencies; of
other:cities and localities, and of private agencies of every type,
to the end that the most effective preparation and use may be made of
this City's manpower, resources, and facilities for dealing with any
disaster that may occur.
(C) It is further declared to be the purpose of this ordinance,
and the policy of this City, to organize its Civil Defense organiza-
tion in conformity with the Arkansas Civil Defense Plan as directed
by Act 156 of 1959, which is cited as "THE ARKANSAS CIVIL DEFENSE ACT
OF 1959
SECTION II.
(A) As used in this ordinance: (1) "CIVIL DEFENSE" shall mean
the preparation for, and the carrying out of, all emergency functions;
other than functions for which milit ry forces are primarily respon-
sible,to prevent, minimize, and repair injury and damage resulting
from disasters caused by enemy attack, sabotage, or other hostile
action; or by fire, flood, earthquake, or other natural causes.
(B) "Qualified Civil Defense Worker" shall mean a Civil Pefense
volunteer worker, duly qualified and registered with either on
Accredited Local Civil Defense Organization, or the Executive Office
of Civil Defense and Disaster Relief, and who has on file in either
of the aforementioned, the following information:
1. Nome and address
2. Date enrolled
3. Loyalty Oath
4. Class of Service assigned
)1i (C) Accredited CD Organization "Accredited Local Civil
Defense Organization" shall mean any local Civil Defense organization
who has completed the requirements under this Act and has complied with
the rules promulgated b,' the Executive Office of Civil Defense and
Disaster Relief, and has received by reason thereof an Accreditation
Letter from the State Department of Civil Defense.
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SECTION III. CITY CIVIL DEFENSE AGENCY
(A) Thera is hereby created within the City of Van Buren, an
Executive Office of Civil Defense and Disaster Relief (Hereinafter
called the "Director who shall be the head thereof, and who shall
be directly responsible to the Mayor_ The Director shall be appointed
by the Mayor with the advice and consent of the Council.
(B) The Director and other personnel of the Office shall be
provided with appropriate office space, furniture, equipment, supplies
stationery, and printing in the same manner as provided for personnel
of other City Departments.
(C) The Director, subject to the direction and control of the
Mayor, shall be the Executive Head of the Office, and shall be res-
ponsible to the Mayor for carrying out the program for Civil Defense,
of this city. Ho shall coordinate the Civil Defense activities of
ell City Departments, Civic Clubs, Church groups, and other cities,
counties, States, and of the Federal Government; and shell have such
additional authority, duties, and responsibilities authorized by this
ordinance and as may be prescribed by the Mayor.
SECTION IV. CIVIL DEFENSE ADVISORY COUNCIL
(A) There is hereby created a Civil Defense Advisory Council
(hereinafter called the "Council the members of which shall be
appointed by the Mayor, to include all city constitutional officers
and 5 citizens. The Council shall advise the Mayor and the Director
on all matters pertaining to Civil Defense. The Mayor shall servd as
Chairman of the Council, and the members thereof shall serve without
compensation, but may be reimbursed for their reasonable and necessary
expenses incurred in the performance of their duties.
SECTION V. CIVIL DEFENSE PO`3ERS OF THE MAYOR
(A) The Mayor shall have general direction and control of the
affairs of the office, and shall be responsible for carrying out the
provisions of this ordinance.
(,B) In performing his duties under this ordinance, the Mayor is
authorized to cooperate with the County, State and Federal Govern-
ments,Thnd with private agencies in all matters pertaining to the
Civil`,Dufense of this City, State, and Nation.
(G) In performing his duties under this ordinance, and to effect
its policy and purpose, the Mayor is fully authorized and empowered:
(1) To make, amend and rescind the necessary orders, rules,
and regulations to carry out the provisions of this ord-
inance within the limits of the authority conferred upon
him herein, with due consideration for the plans of the
County and State Government.
(2) To prepare a comprehensive plan and program for the Civil
Defense of this city, such plan and program to be integrated
into and coordinated with the Civil Defense Plan of the
County Government and State Government to the fullest possible
extent.
(3) In accordance with such plan and program for the Civil
Defense of the city to procure supplies and equipment, to
o institute training programs and public information programs,
and to take all other preparatory steps, indluding the
partial or full mobilization of the City Civil Defense in
advance of actual disaster to insure the furnishing of
adequately trained and equipped forces of Civil Defense
personnel in time of need.
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(4) To make such studies and surveys of the industries, resources,
and facilities in this city as may be necessary to ascertain
the capabilities of the city for Civil Defense, and tb plan
for the most effidient emergency use thereof.
(5) On behalf of this City to enter into mutal aid arrangements
with other cities.
(6) To delegate any administrative authority vested in him under
this ordinance, and to provide for the sub- obligotion'of any
such authority.
(7) To cooperate with the Governor and the Arkansas Office of
C Civil Defense -onrl other appropriate State Offices and Agencies
and with the officials and agencies of other cities and
counties within the State, pertaining to the Civil Defense
of the State, including the direction or control of (a) black-
outs and practice blackouts, air -raid drills, mobilization
of Civil Defense forces, and other tests and exorcises; (b)
warnings and signals for drills or attacks, and the mechanical
devices to be used in connection therewith; (c) the effective
screening or extinguishing of all lights and lighting devices
and appliances; (d) the conduct of civilians, and the move-
ment and cessation of movement of pedestrians and vehicular
traffic during, prior, and subsequent to drills or attack;
(e) public meetings or gatherings; and (f) the evacuation and
reception of the civil population.
SECTION Vi. CITY CIVIL DEFENSE ORGANIZATION
(A) In accordance with (Section 9 of the Arkansas Civil Defense
Act of 1959) this city may confer or authorize the conferring
upon members of the auxiliary police the power of police
officers, subject to such restrictions as shall be imposed.
(B) The City organization for Civil Defense shall perform Civil
Defense functions within the territorial limits of the city, end, in a
addition; shall conduct such functions outside of such territorial
limits as may be required pursuant to the provision of Section of
this Ordinance.
(C) If any disaster as described in Section 2 hereof occurs, the
city shall have the power to enter into contracts and incur obligations
necessary to combat such disaster, protecting the health and safety of
persons and property; and providing emergency assistance to the victims
of such disaster. The city is authorized to exercise the powers vested
under -this section in the light of the extigencies of the extreme
emergency situation without regard to the time consuming procedures
and formalities prescribed by law (excepting mandatory constitutional
requirements) pertaining to the performance of public work, entering
into contracts, the incurring of obligations the employment oftem-
porery workers, the rental of equipment, the purchosa of supplies
and materials, and the appropriation and expenditure of public funds.
SECTION VII. APPROPRIATIONS AND AUTHORITY TO ACCEPT SERVICES,
GIFTS, GRANTS AND LOANS
A:. The city shall have the power to make appropriations in the
manner ;provided by law fcr making appropriation for the ordinary expenses
of the city for payment of expenses of the City Civil Defense Organ-
ization.
B. Whenever the State Government or any agency or officer thereof
shall offer to this city, services, equipment, supplies, materials,
or funds by way of gifts, grant or loan, for the purpose of Civil
Defense, the city, acting through the Mayor, may accept such offer and
upon such acceptance, the Moyer may authorize any officer of the city
tc receive such services, equipment, supplies, materials, or funds on
behalf of this city, and subject to the terms of the offer and the
rules and regulations, if any, of the agency mekeing the offdr.
e
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C. Whenever any person, firm, or corporation shall offer to this
City, services, equipment, supplies, materials, or funds by way of
gift, grant or loan, for purposes of Civil Defense, the City, acting
through the Mayor, may accept such offer, and upon such acceptance
the Mayor of the city may authorize any officer of the city to
receive such services, equipment, supplies, materials or funds. on
behalf of the city, and subject to the terms of the offer.
SECTION VIII. UTILIZATION OF EXISTING SERVICES AND FACILITIES
1/1 A. In carrying out the provisions of this ordinance, the
Mayor is directed to utilize the services, equipment, supplies,
and facilities, of existing departments, offices, and agencies -are
directed to cooperate with and extend such services and facilities to
the Mayor, and to the Civil Defense organizations of the city upon
request.
SECTION IX. POLITICAL ACTIVITY PROHIBITED
A. No organization for Civil Defense established under the
authority of this ordinance shall participate in any form of
political activity, nor shall it be employed directly or indirectly
for political purposes.
SECTION X. CIVIL DEFENSE PERSONNEL
A. No person shell be employed or associated in any capacity
in the Civil Defense organization of this city, established under
this ordinance, who advocates or has advocated a change by force or
violence in the constitutional form of Government of the United
States or of this State, or of this City, or the overthrow of any
government in the United States by force or violence or who has
been convicted of, cr is under indictment or information charging
any subversive act against the United States. Each person who is
appointed to serve in this organization for Civil Defense shall,
before a parson authorized to administer oaths in this state, which
oath shall be substantially as follows:
"I do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States, and the
Constitution of the State of ARKANSAS, against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the same;
and I take this cbligetion freely, without any mental reservation
or purpose of evasion; and that I will well and faithfully discharge
the duties upon which I am about to enter.
•And I do further swear (or affirm) that I do not advocate, nor
am I p member of any political party ur organization that advocates
the overthrow of the Government of the United States, ur of this
State, by force or violence; and that during such time as I am a
member of the (Name of Civil Defense Organization and Location)
I will not advocate nor become a member of any political party
or :;rganizotion that advocates the overthrow of the Government of
the United States, or of this State, by force or by violence."
:SECTION XI.
A. This ordinance shall not be deemed to repeal any existing
ordinances on this subject, but shall be cumulative thereto.
SECTION XII. SEVERABILITY
4. If any provisions of this ordinance or the application
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
application, and to this end the provisions of this ordinance are
declared to be severable.
Page 5
SECTION XIII. ENFORCEMENT
A. It shall be the duty of the organization fur Civil Defense
established pursuant to this ordinance, and of the officers thereof,
to execute and enforce such orders, rules, and regulations, as may
be made by the Moyor under the authority of this ordinance. Such
organization shall have ❑vailahle for inspection at its office all
orders, rules, and regultions made by the Moyor, or und::r his authority
SECTION XIV
This ordinance shall become effective immediately upon its
passage and appr:.vcl by the Moyer of the city of Von Duren, Arkansas.
PASSED:
July 6, 1964
Allen R. Toothaker (s)
Mayor
Attest:
Geo L. Crofton (s)
City Clerk