276675 WHITE - CITY CLERK F�'��`
PINK - FINANCE COIl(ICll ���� /�■
CANARY •� �D6PARTMENT I TY O F SA I NT PA U L v s�
BLt7E - MAYOR File N O.
• �7p'
r in�cnce Ordinance N 0. �� / O�
Presented By
Referred To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 73 of the
Saint Paul Legislative Code pertaining to
emergency management and civil defense.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Chapter 73 of the Saint Paul Legislative Code,
en�itled ��Civil Defence" be and the same is hereby amended
by deleting the same i�n its entirety and substituting, in
lieu and in place thereof, the following:
COUIVCILMEN Requested by Department of �
Yeas Nays
Hunt -( y,�� `� i . �,,�.V,L�(,��
Levine In Favor
Maddox
McMahon
Showalter A gai n s t BY
Tedeu:o
�Ison
Adopted by Council: Date Form A prove by C y
Certified Passed by Council Secretary BY
By
w
Approved by Mayor: Date Appro Mayor for Su is ' to Council
By BY E
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lst �'�•' �7� d� 2nd 7 ��/d �_ ;
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3rd �—���� - - Adopted � 3D—�I .
,
• Yeas � Nays
_ HUNT > � 78'� .
LEV INE �����
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McMAHON �
S1�OWALTIIt
TEDESCO
WILSON
PRESIDENT (MADDOX)
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Page 2.
CHAPTER 73 . EMERGENCY MANAGEMENT
73 01 Policy and purpose. Because of the existing
and increasing possibillty of the occurrence of disasters
of major size and destructiveness, and in order to insure
that preparations of the city of Saint Paul 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 of Saint Paul, it is hereby found and declared
to be necessary:
(1) To establish a local emergency management agency;
(2) To provide for the exercise of necessary
powers during emergencies.
(3) To provide for the rendering of mutual aid
between the city of Saint Paul and other
political subdivisions of the state of
Minnesota and of other states, with respect
to the carrying out of civil defense functions.
It is further declared to be the purpose of this
chapter and the policy of the city of Saint .Paul that all
emergency management functions of the city of Saint Paul be
coordinated to the maximum extent precticable with the
comparable functions of the federal government, of the state
of Minnesota and 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.
'73.02. Definitions. Subdivision 1. Terms. For
the purposes of this chapter, the following words and
phrases sYiall have the meanings set forth in this section,
� except where the context clearly indicates that a different
meaning is intended.
Subd. 2. "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 likely
to result in catastrophic loss to property, and for which
traditional sources of relief and assistance are unable
to repair or prevent the injury or loss.
Subd. 3. "Emergenc� means an unforeseen combination
of circumstances which calls for immediate action to
prevent a disaster from developing or occurring.
:-��'
• ' Page 3. ���� A i j
Subd. 4. "Emergency management�� or "civil defense"
means 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, natural
and man made. 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 transportation, existing or properly
� assigned functions of plan.t protection, temporary restoration
of public utility services, and other funetions related to
civilian protection, together with all other activities
necessary or incidental to preparation for and carrying
out of the foregoing functions.
Subd. 5. "C�.vi�-deferise -emergeneyt' ;means an •
emergency declared by the governor under the Minnesota _
Civil Def� se Act of 1951 , Laws 1951, Chapter 694, Section
301 (Minn. Stat. Sec. 12. 31) .
Subd. 6. "Emer�ency forces'! means any personnel
employed by the city of Saint Paul and any other volunteer
or paid members of the local emergency management agency
engaged in carrying on emergenc3T r�anageanent functions �
Yn accordan.ce with th� �provisions of �his chapter o�
� any rule or order thereunder.
Page 4. �r��� 1��
'73 03 Establishment of emergency management agency.
There is hereby created within the city of Salnt Paul government
an emergency management agency to be known as the division of
emergency management (hereinafter: "agency") which shall be
under the supervision and cantrol of a director of emergency
management (hereinafter: "director��) . The director shall
have direct responsibility for the organization, administration
and operation of the emergency management agency, subject to
the direction and control of the fire chief, pursuant to the
Saint Paul Administrative Code� Section 9.01. The emergency
management agency shall be organized, consistent wi�F�. state
and local laws, as the director deems necessary to provide
for the efficient performance of local emergency management
functions during an emergency.
73.04. Powers and duties of the director. Subdivision 1.
Reciprocal arrangements. The director, with the consent of the
fire chief, shall represent the city of Saint Paul on any
regional or state organization for emergency management. He
shall develop proposed mutual aid agreements with other
political subdivisions within or outside the state for
reciprocal emergency aid and assistance in an emergency too
great to be dealt with unassisted, and he shall present such
agreements to the fire chief for action and "referral to the
mayor and city council. Such arrangements shall be consistent
with the state emergency management plan, and during an �
emergency it shall be the duty of the agency and emergency
management forces to render assistance in accordance with the
provisions of such mutual aid arrange�ents. Any mutual aid
arrangement with a political subdivision of another state
shall be subject to the approval of the governor.
Subd. 2. Studies of resources, etc. The director shall
make, for the fire chief, such studies and surveys of the
manpower, industries, resources, and facilities of the city of
Saint Paul as the chief deems necessary to determine their
adequacy for emergency management and to plan for their
most efficient use in time of an emergency.
Subd. 3. Comprehensive plan. The director shall
prepare a comprehensive general plan for emergency management of
the city and shall present such plan to the fire chief for
approval and referral to the mayor and city council for
approval. When the mayor and council by resolution have
approved the plan, it shall be the duty of all municipal
agencies and all emergency forces of the city to perform
the duties and functions assigned by the plan as approved.
The plan may be modified in like manner from time to time.
The director shall coordinate the emergency management
activities of the city, to the end that they shall be
� Page 5• �, ���'t�i'9
consistent and fully integrated with the emer�gency management
plans of other political subdivisions within the state.
Subd. 4. Trainin� and information pro�rams. In
accordance with the state and city emergency management
plans, the fire chief, through the director, shall institute
such training programs and public information programs and
shall take all other preparatory steps, including the partial or
full mobilization of emergency management forces in advance
of actual disaster, as may be necessary to the prompt and
effective operation of the city emergency management plan
in time of an emergency. He may, from time to time,
conduct such practice air raid alerts or other emergency
management exercises as he may c�.eem necessary.
Subd. 5. Utilize existin� facilities. The director
shall utilize the personnel, services, equipment, supplies
and facilities of existing departments and agenc2es of the
city to the maximum extent practicable. The officers and
personnel of all such departments and agencies shall, to
the maximum extent practicable, cooperate with and extend
such services and facilities to the local emergency management
agency and to the governor upon request. The head of each
department an d agency, in cooperation with and under the
direction of the fire chief, through the director, shall
be responsible for the planning and programming of such
emergency management activities as will involve the
utilization of the facilities of his department or agency.
Subd. 6. Recruit volunteers. The fire chief, through
the director, shall , in cooperation with existing city
departments and agencies affected, organize, recruit, and
train auxiliary police, auxiliary firemen, emergency medical
personnel, and any other personnel that may be required on
a volunteer basis to carry out tbe emergency management
plans of the city and state. To the extent that such
emergency personnel are recruited to augment a regular
city department or agency for civil emergencies, they � -:.` -_
shall be assigned to such department or agency for purposes
of administration and command. The director may dismiss
any emergency management volunteer at any time and require
the surrender of any equipment and identification furnished
by the city.
Subd. 7 . Emergency facilities. Consistent with the
emergency management plan, the fire chief, through the director,
shall provide and equip emergency hospitals, casualty stations,
ambulances, canteens, evacuation centers, and other facilities
or conveyances for the care of injured or homeless persons.
Page 6. � "�����
Subd. 8. Governor' s orders, etc. The director shall
carry out all orders, rules and regulations issued by the
governor with reference to emergency management.
Subd. 9• Coordinate operations. The director
shall assist the fire chief in direction and coor dination
of the general operations of all local emergency management
forces during an emergency in conformity with controlling
regulations and instructions of state emergency management
authorities. The heads of departments and agencies shall
be governed by the fire chief' s orders in respect thereto.
Subd. 10. Control center. Consistent with the
emergency management plan, the director shall provide and
equip at some suitable place in the city, a control center
and, if required by the state emergency management plan, an
auxiliary control center to be used during an emergency
as headquarters for direction and coordination of emergency
management forces. He 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 emergency management activites
during an emergency. He shall arrange for the installation
at the control center of necessary facilities for communication
with and between heads of emergency management divisions,
the stations and operating units of municipal services and
other agencies concerned with emergency management and
for communication with other communities and control centers
within the eurrounding area and with the federal and state
agelcies concerned.
Subd. 11. Emer�ency powers. During the first 30
days of an emergency, if the legislature is in session
or the governor has coupled his declaration of an emergency
with a call for a special session of the legislature, the
fire chief may, when necessary to s'ave life or property,
require any person, except members of the federal or state
military forces and officers of the state or a political
subdivision, to perform services for emergency management
purposes as he directs, and he 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 law.
�3 05 General provisions on emergency management
workers. Subdivision 1. � Certain persons excluded, oath.
No person shall be employed or associated in any capacity
in the emergency management agency who advocates or has
advocated a change �iy force or violence in the
. � �'�f���
Page '7.
constitu�ional form of government of the United States or
in this state or the overthrow of any government in the
United States by force or violence, or who has been convicted
of or is under indictment or information charging any
subversive act against the United States. Each person who
is appointed to serve in the emergency management agency
shall , before entering upon his duties, take an oath in
writing as prescribed by tY� Minnesota Civil Defense Act
of 1951, Section 403 (Minnesota Statutes, Sec. 12. �t3�.
Subd. 2. Use of volunteers. Emergency management
volunteers shall be called . into �service only in case of
an emergency for which the regular municipal forces are
inadequate, or for necessary training and preparation for
such emergeneies. All volunteers shall serve without
compensation.
Subd. 3. Identification of volunteers. Each
emergency management volunteer shall be provided with
such suitable insignia or other identification as may
be required by the directo�ovedubh thenfederallgovernment.
be in a form and style app Y
No volunteer shall exercise any authority over the persons
or pr.operty of others without his identification. No
person except an authorized volunt�er shall use the
identification of a volunteer or otherwise represent
himself to be an authorized volunteer.
�3 06 Emerg�ncy regulations. Subdivision 1. Ma�or
may promul�ate re�ulations. Whenever necessary to meet an
emergency or to prepare for such an emergency for which
adequate regulations have not been adopted by the governor
or the city council, the mayor may by executive order
promulgate regulations, consistent with applicable federal
or state law or regulation, respecting: the sounding of
alarms; the conduct of persons and the use of property
during alarms; the repair, maintenance and safeguarding
of essential public services; emergency health, fire
and safety regulations; trial drills or practice periods
required for preliminary training; and all other matters
which are required to protect public safety, health and
we�fare in emergencies. No regulation governing observation
of enemy aircraft, air attack, alarms or illumination
during air attacks shall be adopted or take effect unless
approved by the state director of �mergency
services.
• �+�,��� �I�'!
Page 8.
Subd. 2. Form of executive order and notice. Every
emergency regulation shall be in writing and signed by the
mayor, shall be dated, shall refer to the particular
emergency to which it pertains, if so limited, and shall
be filed in the office of the city clerk, where a copy shall
be kept posted and available for public inspection during
business hours. Notice of the exist�nce of such
regulation and its availability for inspection at the
clerk' s office shall be conspicuously posted at the front
of the city hall or other headquarters of the city and at
such other places in the affected area as the mayor shall
designate in the executive order. Thereupon the regulation
shall take effect immediately or at such later time as may
be specified in the order. By like proclamation the mayor
may modify or rescind any such regulation.
Subd. 3. Council may rescind; expiration date.
The city council� may rescind any such regulation by
resolution at any time. If not sooner rescinded, every
such regulation shall e�ire at the end of 40 days after
its effective date or at the end of the emergency to which
it relates, whichever occurs first. Any ordinance, rule
or regulation inconsistent with an emergency regulation
ordered by the mayor shall be suspended during the period
of time and to the extent that such conflict exists.
�3.07. Re ort of activities. The director shall,
as soon as possible after the end of each fiscal year,
prepare and present a comprehensive report of the
actiuities of 'the agency during the year to the fire
chief, who wi11 submit such report to the mayor and city
council, for the information of the council and the public.
73.08 Conformity and cooperation with federal and
state authority. Every officer and agency of the city shall
cooperate with federal and state authorities and with
auth�rized agencies engaged in emergency manag�ment and
emergency measures to the fullest possible extent
consistent with the performance of their other duties.
The provisions of this chapter and of all regulations
made thereunder shall be subject to all applicable and
controlling provisions of federal and state laws and of
regulations and orders issued thereunder and shall be deemed
to be suspended and inoperative so far as there is any
conflict therewith. The chief of police may appoint any
qualified person holding a position in any agency created
� Page 9.
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under federal or state authority for emergency management
purposes as a special police officer of the city with such
police powers and duties within the city incident to the
functions of his position, not exceeding those of a regular
police officer of the city, as may be prescribed in the
appointment. Every such special police officer shall be
� subject to the supervision and control of the chief of�
police and such other police officers of the city as the
chief of police may designate.
Page 10. � Y ��'� "
� 99 Participation in labor dispute or politics.
The emergency management agency sha11 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.
'73 14 Custody of government propert�. The director
of emergency management shall take custody, on behalf of
said city, of all properties of :any type or nature which
are owned by said city, loaned, given or donated to said
city from any source, including the federal government
and its agencies, which properties relate to the functions
of the division of emergency management; further, that
while said properties are in the care, custody and control
of said city and its division of emergency management, the
director shall be responsible for said properties and may
take such reasonable acts as are necessary to protect and
conserve said properties.
�3 11 Damage to emergency management •property.
Any person who shall damage, steal , trespass on or cause
any harm to properties of any type or nature under the care
and custody of the division of emergency management shall
be guilty of a misdemeanor and punished accordingly.
7 3. 12 Whistles and warning devices . No unauthorized
person shall operate a siren, whistle or other audible
device so as to simulate an attack or weather warning
without the written permission of the director of emergency
management. This provision shall apply to all devices
emitting sound which in the opinion of the director are
closely identified with the sound for a TAI� COVER or ALERT
warning. Emergency vehicles of fire and police departments
and ambulances are excepted.
�3.13 . Obeying directions. During an emergency
every person shall obey all the lawful orders of regular
or au:riliary members of the police and fire departments
of the city of Saint Paul and all other persons having a
specific emergency management assignment and displaying
their official identification.
WHITE - CITY CLERK �fl���±���
PINK - FINANCE COUI1C11 i
CA,�NMtY = DEPARTMENT G I T Y O F S A I N T PA IT L
BLUE - MAYOR File N O.
0 rdin�nce Ordinance N�. ,� � 7 ��
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 11.
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Section 2.
This ordinance shall be deemed a part of the Saint Paul
Legislative Code and shall be incorporated therein and given
an appropriate chapter and/or section number at the time of
the next revision of said Legislative Code.
Section 3.
This ordinance shall take effect and be in force 30 days
from and af ter its passage, approval and publication.
COUIVC[LMEN
Yeas Nays Requested by Department of: _ ,
Hunt � �.
�evine 7-- - [n Favor
Maddox �
McMahon
Showalter � Against BY
Tedesco
wlson
�ppR 3 0 1981 Form pproved y Cit Att y
Adopted by Council: Date
Certifie P s d by Counc' ecre BY
By �
A pr d by Mayor: at APR 3 0 Appr v d by Mayor for m' sio Council
gy B -
PUBLISHED MAY 91981
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_���°"�°°'°""" CITY OF SAINT PAUL
L l T Y Op`�i��r
`�� � '��"'� OFFICE OF THE CITY ATTORNEY
<o �, �;
�� i�tn�,t��u ,:
'<;,;, �""i!'1'� „� EDWARD P. STARR, CITY ATTORNEY
,85. , 647 City Hall,Saint Paul, Minneso[a 55102
` ' 612-298-5121
GEORGE LATIMER __
MAYOR
March 10, 1981
T0: Russ Polansky
FROM: Betty Lassen �
�
Well , here' s the ordinance to completely revise
Chapter 73, approved as to form by our office.
I also ran a copy past Peter Hames and he agrees it' s
okay.
So would you run this through proper channels at
the Fire Department`,. for submission to mayor and council?
Thanks again for all your help.
Attachment
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