10978ORDINANCE NO 10,978
AN ORDINANCE CREATING AND ESTABLISHING A DEPARTMENT OF
CIVIL DEFENSE AND DISASTER RELIEF: PROVIDING FOR A
DIRECTOR THEREOF: GRANTING CERTAIN POWERS: DESCRIBING
THE DUTIES THEREOF: AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. POLICY AND PURPOSE
(A) Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented 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 a Department 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 Civil Defense functions of the City be
coordinated to the maximum extent with the comparable functions of the
State Government, including its various departmen.ts 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 the Cityt s
manpower, resources, and facilities for dealing with any disaster that may
occur.
SECTION II. DEFINITIONS
(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 military forces are primarily responsible; 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. These functions include,
without limitation, fire fighting services, police services, medical and
health services, rescue, engineering, air raid warning services, communi-
cations, radiological, chemical and other special weapons defense, evacuation
000 -/z
4-.2 /
of persons from stricken. areas, emergency welfare service (civilian war
aid), emergency transportation, existing or properly assigned functions
of plant protection, temporary restoration of public utility services,
and other functions related to civilian protection together with all
other activities necessary or incidental to the preparation for and carry-
ing out of the foregoing functions.
(B) "Qualified Civil Defense Worker" shall mean a Civil Defense
volunteer worker, duly qualified and registered with the Department of
Civil Defense and Disaster Relief, and who has on file in that office the
following information:
1. Name and address
2. Date enrolled
3. Loyalty Oath
4. Class of Service assigned
SECTION III. CITY CIVIL DEFENSE AGENCY
(A) There is hereby created within the city of Little Rock, a
Department of Civil Defense and Disaster Relief (hereinafter called the
"Department ")which shall be headed by a Director of Civil Defense (herein-
after called the "Director") who shall be the head thereof, and who shall
be directly responsible to the City Manager. The Director shall be
appointed by the City Manager with the advice and consent of the Board of
Directors.
(B) The Director and other personnel of the Department 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 City
Manager, shall be the executive Head of the Department, and shall be respon-
sible to the City Manager for carrying out the program for Civil Defense
of this city. He shall coordinate the Civil Defense activities of all
City Departments, and shall maintain liaison. with, and cooperate with,
Civil Defense Agencies and organizations of other cities, counties, States,
and of the Federal Government; and shall have such additional authority,
duties, and responsibilities authorized by this ordinance and as may be
prescribed by the City Manager.
SECTION IV. CIVIL DEFENSE POWERS OF THE CITY MANAGER
(A) The City Manager shall have general direction and control of
the affairs of the Department, and shall be responsible for carrying out
the provisions of this ordinance.
-2-
(B) In performing his duties under this ordinance, the City Manager
is authorized to cooperate with the County, State and Federal Government,
and with private agencies in all matters pertaining to the Civil Defense
of this City, State, and Nation.
(C) In performing his duties under this ordinance, and to effect
its policy and purpose, the City Manager is fully authorized and empowered:
(1) To make, and amend and rescind the necessary orders, rules,
and regulations to carry out the provisions of this ordinance
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 institute training
programs and public information programs, and to take all other
preparatory steps, including 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.
(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 to plan. for the
most efficient emergency use thereof.
(5) On behalf of this City to enter into mutual aid arrangements
with other cities.
(6) To delegate any administrative authority vested in him under
this ordinance, and to provide for the sub - obligation of any such
authority.
(7) To cooperate with the Governor and the Arkansas Office of Civil
Defense and 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) blackouts an.d practice blackouts, air -
raid drills, mobilization of Civil Defense forces, and other tests
-3-
and exercises; (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 movement 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 V. 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 restric-
tions as shall be imposed.
(B) The City organization for Civil Defense shall perform Civil
Defense functions within the territorial limits of the city, and, in addition;
shall conduct such functions outside of such territorial limits as may be
required pursuant to the provision of Section 4 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 exigencies 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 of temporary workers, the rental of equip-
ment, the purchase of supplies and materials, and the appropriation and
expenditure of public funds.
SECTION VI. 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 for making appropriation.f or the ordinary expenses
of the city for payment of expenses of the City Civil Defense Organization.
(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,
-4-
S
acting through the City Manager, may accept such offer and upon such
acceptance, the City Manager may authorize any officer of the city to
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 making the offer.
(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 Def en.se, the City, acting through the
City Manager, may accept such offer, and upon. such acceptance the City
Manager 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 VII. UTILIZATION OF EXISTING SERVICES AND FACILITIES
(A) In carrying out the provisions of this ordinance, the City
Manager is directed to utilize the services, equipment, supplies, and
facilities, of existing departments, offices, and agencies of the city to
the maximum extent practicable and the officers and personnel of all such
departments offices and agencies are directed to cooperate with and extend
such services and facilities to the City Manager, and to the Civil Defense
organization of the city upon request.
SECTION VIII. 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 IX. CIVIL DEFENSE PERSONNEL
(A) No person shall 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, or 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 Def en.se
shall, before entering upon his duties, take an oath in writing, before a
person authorized to administer oaths in this state, which oath shall be
substantially as follows:
WE
III , 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 obligation 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
a member of any political party or organization that advocates the overthrow
of the Government of the United States, or of this State, by force or
violence; and that during such times as I am a member of the Little Rock
Civil Defense Organization I will not advocate nor become a member of any
political party or organization that advocates the overthrow of the
Government of the United States, or of this State, by force or by violence."
SECTION X.
(A) This ordinance repeals ordinance number 8555.
SECTION XI. SEVERABILITY
(A) 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.
SECTION XI I . ENF 0 RC EMEN T
(A) It shall be the duty of the organization for 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 City Manager under the authority of this ordinance. Such organization,
shall have available for inspection at its office all orders, rules, and
regulations made by the City Manager, or under his authority.
SECTION XIII.
This ordinance shall become effective immediately upon its passage
and approval by the Board of Directors of the City of Little Rock, Arkansas.
PASSED: September 8, 1959
ATTEST: )% t APPROVED:
City Clerk May
M