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ORDINANCE NO. 1.113
An Ordinance of the City of Kent relating
to Civil Defense and repealing Ordinance
No. 721 of said City.
The City Council of the City of Kent does ordain as follows:
Section 1. Purposes. The declared purposes of this ordinanc
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 public agencies ar
affected private persons, corporations and organizations. Any
expenditures made in connection with such civil defense and
disaster activities, including mutual aid activities, and mock
or practice drills, shall be deemed conclusively to be for the
direct protection and benefit of the inhabitants and property of
the City of Kent.
Section 2. DEFINITIONS. A. Civil Defense. As used in this
ordinance, 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 controversy.
B. DISASTERS. As used in this ordinance, the term "disaster"
shall mean actual or threatened enemy attack, sabotage, extra-
ordinary fire, flood, storm, epidemic, riot, earthquake or other
similar public calamity.
Section 3. CIVIL DEFENSE COUNCIL. Membership. The Kent
Civil Defense Council is hereby created and shall consist of the
following:
A. The Mayor, who shall be chairman.
B. The director of civil defense, who shall be vice chairman.
C. Such city officials and other citizens of this city as ma
be appointed by the Mayor with the advice and consent of
the City Council.
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Section 4. CIVIL DEFENSE COUNCIL.
POWERS and DUTIES. It
shall be the duty of the Kent civil defense council and it is here
red, to review and recommend for adoption, civil defense
and mutual aid plans and agreements and such resolutions, rules
and regulations as are necessary to implement such plans and
agreements. The civil defense council shall meet upon call
►f the chairman or in his absence from the city or inability to
,all such meeting, upon the call of the vice chairman.
Section 5. DIRECTOR OF CIVIL DEFENSE. POWERS and DUTIES.
'here is hereby created the office oC director of civil defense.
;uch officer shall be appointed by the mayor with the advice and
;onsent of the Civil Defense Council.
The director is hereby empowered and directed:
A. To prepare a civil defense operating plan for the city
conforming to the county and state civil defense plana,
and program;
B. To control and direc t the effort of the civil defense
organization of this city for the accomplishment of the
purposes of this ordinance;
C. To direct coordination and cooperation between divisions,
services and staff of the civil defense organization of t
city's and to resolve questions of authority and responsi-
bility that may arise between them;
D. To represent the civil defense organization of this city
in all dealings with public or private agencies pertaining
to civil defense and disaster.
Section 6. In the event of disaster as herein provided, the
director is hereby empowered:
A. To make and issue rules and regulations on matters reason-
ably 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 Civil Defense Council;
B. To obtain vital supplies, equipment arA such other proper-
ties found lacking and needed for the protection of the
life and property of the people, and bind the city for the
fair value thereof, and if required immediately, to
commandeer the same for public use;
C. To require emergency services of any city officer or
employee, and in the event of a proclamation by the
Governor of the existence of a disaster, to command the
aid of asnany citizens of this community as he considers
necessary in the execution of his duties; such persons
shall be entitled to all priYnileges, benefits and
immunities as are provided by state law for registered
civil defense worle rs.
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D. To execute all of the special powers conferred upon him
by this ordinance or by resolution adopted pursuant there-
to, all powers conferred upon him by statute, agreement
approved by the Civil Defense Council, or by any other
lawful authority;
E. To requisition necessary personnel or material of any
city department or agency.
Section 7. CIVIL DEFENSE ORGANIZATION. All officers and
lemployees of this city, together with those volunteer forces
enrolled to aid them during a disaster, and all groups, organiza-
tions and persons who may by agreement or operation of law, in-
cluding persons pressed into service under the provisions of
Section 6 (c) of'this ordinance, charged with duties incident to
the protection of life and property in this city during disaster,
j.
shall constitute the civil defense organization of the City of Ken
Section 8. DIVISIONS, SERVICES and STAFF of the CIVIL DEFENSE
ORGANIZATION. The functions and duties of the Kent Civil Defense
Organization shall be distributed among such divisions, services
and special staff as the Civil Defense Council shall prescribed.
The Civil Defense Council shall concurrently with the adoption
of this ordinance, prescribe the form of organization, establish-
ment and designation of divisions and services, the assignment of
functions, duties and powers, the designation of officers and
employees. In so far as possible, the form of organization, title
and terminology shall conform to the recommendations of the
Federal government and the Department of Civil Defense of the
State of Washington.
Section 9. PUNISHMENT of VIOLATIONS. It shall be a misde-
meanor, punishable by a fine of not to exceed $250.00, or by impri-
sonment for not to exceed three months, or both, for any person dur
29 ing a disaster:
30 A. To wilfully obstruct, Pinder or delay any member of the
civil defense organization in the enforcement of any
31 lawful rule or regulation issued pursuant to this
ordinance, or in the performance of any duty imposed
32 upon him by virtue of this ordinance;
B. To do any act forbidden by any lawful rules or regulations
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issued pursuant to this ordinance, if such act is of
such 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 thereof;
C. To wear, carry or display, without authority, any means
Of identification specified by the State Department of
Civil Defense.
Section 10. REREAL OF CONFLICTING ORDINANCES. Ordinance No.
721, entitled "An Ordinance Creating a Municipal Defense Council
and prescribing its duties; passed December 15, 1941, approved
December 16, 1941, be and it is hereby repealed; provided, that it
is the intent of the city council in enacting this ordinance that
it shall be considered a revision and continuation of the ordinance
repealed by this ordinance, and the status of volunteers shall not
be affected by such repeal; nor shall civil defense mutual -aid
plans and agreements, rules and regulations or resolutions adopted
pursuant to such repealed ordinance be affected by such repeal
until amended, modified, or superseded as provided in this ordinance.
Section 11. EFFECTIVE DATE. This ordinance is hereby declared
to be an emergency measure necessary for the immediate preservation
of the public peace, health and safety, and shall take effect
immediately. The following is a statement of the facts showing
its urgency.
Both the Congress and the Legislature have adopted comprehen-
sive 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
>ossible to life and prpperty. In order that the laws of this
U ty relating to civil defense may be brought into conformity with
:he federal, state, and county plans at the earliest possible
late, it is necessary that this ordinance take effect immediately.
Section 12. SEVERABILITY. If anv DrOVi Sinn of fl,i o ..,.,.aa,,..,...,._
or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
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pplications of the ordinance which can be given effect without
he invalid provision or application, and to this end the provisic
f this ordinance are declared to be severable.
y
Alex Thornton, ayor
Attes
s. Briages,
I
pproved as to form:Eav--A
L/'
erson a c er, y torney
assed the ?/day of January, 1962
pproved the _day of January, 1962
ublished the day of January, 1962.
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