City of El Reno, OK Chapter 19 Civil Defense

[HISTORY: Adopted by the City Council of the City of El Reno 9-1-1972 as Ch. 9 of the 1972 Code; amended in its entirety 4-14-2020 by Ord. No. 9225. Subsequent amendments noted where applicable.]

§ 19-1 Title.

This chapter shall be known as the "Civil Defense Ordinance of the City of El Reno."

§ 19-2 Definitions.

As used in this chapter, the following terms shall be construed as follows, unless a contrary intent clearly appears from the context:

CIVIL DEFENSE

The preparation for and the carrying out of all emergency functions other than functions for which primary responsibility is assigned elsewhere by federal, state or local law or ordinance, to protect the public peace, health and safety, and to preserve lives and property, in the City during any emergency resulting from enemy attack, sabotage or other hostile action, or from any flood, drought, fire, hurricane, earthquake, storm or other catastrophe in or near the City, and involving imminent or actual peril to life and property in the City. These functions include administration, organization, planning, recruiting, training, education, information, welfare service, relief service, police service, warden service, fire service, rescue service, medical service, health service, transportation service, communications service, street and sewer 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 preparation for and carrying out of the foregoing functions.

ENEMY-CAUSED EMERGENCY

Any state of emergency caused by actual or impending attack, sabotage or other hostile action, anywhere within the United States, and involving imminent peril to lives and property in the City. Such emergency shall be deemed to exist only when the Mayor of the City shall so declare by public proclamation. Such emergency shall be deemed to continue to exist until the Mayor shall declare its termination by public proclamation, or until the City Council shall declare its termination by resolution.

HEALTH EMERGENCY

Any state of emergency caused by any actual or impending health pandemic or catastrophe in or near the City and involving imminent peril to lives and property in the City. Such emergency shall be deemed to exist and to be terminated under the same conditions as prescribed for a health emergency.

NATURAL EMERGENCY

Any state of emergency caused by any actual or impending flood, drought, fire, hurricane, earthquake, storm or other catastrophe in or near the City and involving imminent peril to lives and property in the City. Such emergency shall be deemed to exist and to be terminated under the same conditions as prescribed for an enemy- caused emergency.

§ 19-3 Office of Civil Defense.

A. There is hereby established within the executive branch of the City government the Office of Civil Defense. This office shall consist of:

(1) The Director of Civil Defense appointed pursuant to this chapter.

(2) Such volunteer civil defense advisory committees as may be created by the Director of Civil Defense 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 City's civil defense.

B. Appropriate office space, furniture, equipment and supplies, as required, shall be provided for the Office of Civil Defense. Expenditures for these purposes, within the appropriations therefor, shall be made only on the authority of the City Manager.

§ 19-4 Office of Director created; appointment, term and compensation.

The Office of Director of Civil Defense is hereby created. Such Director shall be appointed by the City Manager and shall serve at his pleasure or until the repeal of this chapter. The Director shall serve without compensation, but he shall be reimbursed for actual expenses incurred in the discharge of his duties.

§ 19-5 General powers and duties of Director.

A. The Director of Civil Defense shall be the executive head of the Office of Civil Defense, and shall be responsible to the City Manager for carrying out the civil defense program of the City. He shall coordinate the activities of all organizations for civil defense within the City, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other governmental units, both within and without the State of Oklahoma, and of the federal government, and shall have such additional authority, duties and responsibilities as may be authorized under this chapter.

B. Prior to an emergency, as defined in § 19-2, the Director of Civil Defense shall have the following powers:

(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration 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 act in either enemy-caused emergencies, natural emergencies, and/or health emergencies.

(2) To prepare comprehensive plans for the civil defense of the City in both enemy- caused, natural emergencies and health 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.

(3) To establish, within the limits of funds available, a public warning system, composed of sirens, horns or other acceptable warning devices.

(4) To establish and carry out recruitment and training programs as may be necessary to develop an adequate, qualified civil defense volunteer corps.

(5) To conduct drills, exercises and similar programs as may be necessary to develop a well-trained, alert, fully prepared civil defense organization.

(6) To make such studies and surveys of the industries, resources and facilities of this City as he deems necessary to ascertain its capabilities for civil defense, and plan for the most efficient emergency use therefor.

(7) On behalf of the City, to enter into mutual-aid arrangements with surrounding communities in the State of Oklahoma, subject to the approval of the City Council.

(8) To delegate any administrative authority vested in him under this chapter and to provide for the sub delegation of any such authority.

(9) To take any other action proper and lawful under his authority to prepare for either an enemy-caused, natural emergency, health emergency.

§ 19-6 Powers of Director during enemy-caused emergency.

In the event of any actual enemy-caused emergency, as proclaimed by the Mayor, the Director of Civil Defense, with the approval of the City Manager, may exercise, during such emergency, the power to enforce all rules and regulations relating to civil defense and, acting under the authority of state statutes, or under the authority of the City Manager, as an agent of the Governor of Oklahoma, may take control of all means of transportation and communications, all stocks of fuel, food, clothing, medicine and supplies, and all facilities, including buildings and plants, and exercise all powers necessary to secure the safety and protection of the civilian population. In exercising such powers, he shall be guided by regulations and orders issued by the federal government and the Governor of Oklahoma relating to civil defense and shall take no action contrary to orders which may be issued by the Governor under similar emergency powers.

§ 19-7 Duties of Director during natural emergency.

In the event of any natural emergency, as proclaimed by the Mayor, the Director of Civil Defense, with the approval of the City Manager and acting under his instructions, shall coordinate in every way proper the activities of the civil defense organization. He is specifically charged in such emergency with the collection, evaluation and dissemination of the information to all agencies, both public and private, participating in the City's civil defense organization or cooperating in any such emergency. He shall, as Director, have the power to recommend appropriate action, but he shall not otherwise have control over the participating agencies. He shall also recommend to the City Manager the allocation of any funds received from the federal or state government or from any other source to alleviate distress and aid in restoring normal conditions.

§ 19-8 Duties of Director during health emergency.

In the event of any health emergency, as proclaimed by the Mayor, the Director of Civil Defense, with the approval of the City Manager and acting under his instructions, shall coordinate in every way proper the activities of the civil defense organization. He is specifically charged in such emergency with the collection, evaluation and dissemination of the information to all agencies, both public and private, participating in the City's civil defense organization or cooperating in any such emergency. He shall, as Director, have the power to recommend appropriate action, but he shall not otherwise have control over the participating agencies. He shall also recommend to the City Manager the allocation of any funds received from the federal or state government or from any other source to alleviate distress and aid in restoring normal conditions.

§ 19-9 Powers of Mayor during state of emergency.

A. The Mayor, during the existence of a state of emergency, by proclamation, may, in the area described by the proclamation, which proclamation shall not cover any part or portion of the city not affected by public disorder, disaster or riot at the time the proclamation is issued, prohibit:

(1) Any person being on the public streets, or in the public parks or at any other public place during the hours declared by the Mayor to be a period of curfew;

(2) Such number of persons, as designated by the mayor, from assembling or gathering on the public streets, parks or other areas of the city, either public or private;

(3) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

(4) The transporting, possessing or using of gasoline, kerosene or combustible, flammable or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) The sale, purchase or dispensing of other commodities or goods, as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

(6) The use of certain streets, highways or public ways by the public; and

(7) Such other activities as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

B. In imposing the restrictions provided for by this section, the Mayor may impose them for such times, upon such conditions, with such exceptions and in such areas of the City as he, from time to time, deems necessary.

§ 19-10 Emergency control centers.

The Director of Civil Defense shall, within the appropriations therefor, establish a primary and one or more secondary control centers, as he deems necessary to serve during an enemy-caused, natural emergency and/or a health emergency.

§ 19-11 Exemption from liability for damages resulting from civil defense activities.

Neither the City nor any officer or member of the civil defense organization provided for in this chapter 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, natural emergency, and/or a health emergency; nor shall the City or any such officer or member be liable for the death or injury of any persons, or damage to property, resulting from such civil defense activity prior to or during either an enemy-caused, natural emergency, and/or a health emergency.

§ 19-12 Acceptance of gifts, grants or loans for civil defense purposes.

Whenever the federal government or the State of Oklahoma or any person, firm or corporation shall offer to the City any services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, the City Manager may accept such offer and may authorize the Director of Civil Defense to receive same subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

§ 19-13 Continuity of government.

Control shall be exercised by the City of El Reno, Oklahoma, as established by regularly constituted governing authorities of El Reno, Oklahoma. Should normal governmental operations be interrupted by man-made disaster, natural disaster and/or health pandemics, the line of succession as outlined in the Basic Emergency Operations Plan, shall be followed.

§ 19-14 Penalty for offenses during state of emergency.

Penalty for violations of these regulations shall be set at $100 plus court costs; each day on which any violation of these regulations and restrictions occurs shall constitute a separate offense and shall be punishable as such.