CIVIL DEFENSE ORDINANCE
The Town of Bradford ordains:
ARTICLE I- OFFICE OF CIVIL DEFENSE
SECTION I SHORT TITLE
This Ordinance shall be known and may be cited and referred to as the “Civil Defense Ordinance of the Town of Bradford”.
SECTION II: INTENT AND PURPOSE
1. It is the intent and purpose of this Ordinance to establish an office that will ensure the complete and efficient utilization of all the Town’s facilities to combat disaster resulting from enemy actions or other disasters as defined herein.
2. The Bradford Office of Civil Defense will be the coordinating agency for all activity in connection with Civil Defense: it will be the instrument through which the Selectmen may exercise the authority and discharge their responsibilities vested in them in Revised Statutes Annotated 107, State ofNew Hampshire, and this Ordinance.
3. This Ordinance will not relieve any Town agency or department’s moral responsibilities or authority given to it, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
SECTION II: DEFINITIONS
1. The following definitions shall apply in the interpretation if this Article:
(a) “Civil Defense” in it’s broad meaning so to carry out the basic government functions of maintaining the public peace, health and safety during an emergency. This shall include plans and preparations for protection from, and relief, recovery and rehabilitation from, effects of an attack on the Town by forces of any enemy nation or the agents thereof, and it shall also include such activity in connection with disaster a defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of theUnited States.
(b) “Attack” shall mean a direct or indirect assault against the Town ofBradford, it’s government, it’s environs, or of the nation, by the forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare, or sabotage.
(c) “Disaster” includes but is not limited to actual or threatened enemy attacks, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threatening to endanger health, life or property or constituted government.
(d) “Civil Defense Forces” shall mean the employees, equipment and facilities of all Town departments, boards, institutions and commissions; and in addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
(e) “Volunteer” shall mean contributing a service, equipment or facilities to the Civil Defense organization without remuneration.
(f) “Civil Defense Volunteer” shall mean any person duly registered, identified and appointed by the Coordinator of the Office of Civil Defense and assigned to participate in the Civil Defense activity.
(g) “Coordinator” shall mean the coordinator of the Bradford Office of Civil Defense, appointed as prescribed in this Ordinance.
(h) “Regulations” shall include plans, programs and other emergency procedures deemed essential to Civil Defense.
SECTION IV: ORGANIZATIONS AND APPOINTMENTS
The Coordinator is hereby authorized and directed to create an organization for Civil Defense utilizing to the fullest extent the existing agencies within the Town.
1. The Organization shall consist of the following:
(a) An Office of Civil Defense within the executive department of the Town and under the direction of the Board of Selectmen. There shall be an executive head of the Office of Civil Defense, who shall be known as the Coordinator of the Office of Civil Defense, and such assistants and other employees as are deemed necessary for the proper functioning of the organization. On some occasions the Coordinator may be referred to as the Director, Office of Civil Defense.
(b) The employees, equipment and facilities of all Town departments, boards, institutions and commissions, will participate in the Civil Defense activity. Duties assigned to Town departments shall be the same or similar to the normal duties of the department.
(c) Volunteer persons and agencies offering services to, and accepted by the Town.
2. The Board of Selectmen shall appoint a Coordinator of the Bradford office of Civil Defense who shall be a person well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this Ordinance.
3. The Board of Selectmen may designate and appoint Deputy Coordinator to assume emergency duties of the Coordinator in the event of his absence or inability to act. The intent bring that there will always and at all times be a Coordinator in charge in Town.
SECTION V: EMERGENCY POWERS AND DUTIES
1. The Board of Selectmen
(a) The Board of Selectmen may exercise the emergency power and authority necessary to fulfill their general powers and duties as defined in New Hampshire Revised Statutes Annotated, Chapter 107, as amended. The judgment of the Selectmen shall be the sole criteria necessary to invoke emergency powers provided in RSA: 107 and this Ordinance. The Selectmen may convene to perform their legislative and administrative powers as the situation demands, and shall receive reports relative to Civil Defense activities.
(b) During any period when disaster threatens or when the Town has been struck by disaster, within the definition of this Ordinance, the Selectmen may promulgate such regulations, as they deem necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to the following:
2. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of Civil Defense forces, or to facilitate the mass movement of persons from critical areas within or without the Town.
3. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.
4. Such other regulations necessary to preserve public peace, health and safety.
5. Regulations promulgated in accordance with the authority above will be given widespread circulation and proclamation, published and uttered by newspaper and radio. These regulations will have the force of Ordinance when duly filed with the Town Clerk.
(a) The Selectmen shall order Civil Defense forces to the aid of other communities when required in accordance with the statutes of the State, and they may request the State, or a political subdivision of the State, to send aid to the Town of Bradford in case of disaster when conditions in the Town are beyond the control of the local Civil Defense forces.
(b) The Selectmen may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people, and bind the Town for the fair value thereof.
(c) The Selectmen may require emergency services of any Town officer or employee. If regular Town forces are determined inadequate, the Selectmen may require the services of such other personnel as they can obtain and are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided in RSA: 107 for other registered and identified Civil Defense and disaster worker, and upon demand, may receive appropriate compensation for their emergency employment.
(d) The Selectmen will cause to be prepared the Basic Plan herein referred to and to exercise their ordinary powers and all powers conferred upon them by any statute, or other lawful authority.
2. Coordinator of the Office of Civil Defense
(a)The coordinator of the Office of Civil Defense shall be responsible to the Selectmen in regard to all phases of the Civil Defense activity. Under the supervision of the Selectmen (normally the Chairman of the Board ), he/she shall be responsible for the planning, coordination and operation of the Civil Defense activity in the Town. Under the supervision of the Selectmen, he/she shall maintain liaison with the State and Federal authorities and the authorities of other nearby political sub-divisions as to ensure the most effective operation of the Civil Defense plan. His duties shall include, but are not limited to:
1. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Town for Civil Defense purposes.
2. Development and coordination of plans for the immediate use of all facilities, equipment, manpower and other resources of the Town for the purpose of minimizing or preventing damage to persons and property; and protecting and restoring the usefulness governmental services and public utilities necessary for public health, safety and welfare.
3. Each department head assigned responsibility in the Basic Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned Town employees and volunteers. Each department head shall formulate the operational plan for his service, which, when approved, shall be an annex to and a part of the Basic Plan.
4. Amendments to the Basic Plan shall be submitted to the Board of Selectmen. If approved, such amendments shall take effect thirty days from the date of approval. In the event an amendment is pending at the time that a disaster is proclaimed under provisions of this ordinance, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the Selectmen.
5. When a required competency or skill for a disaster function is not available within the Town, government, the Coordinator is authorized to seek assistance from persons outside of government.The assignment of duties, when of a supervisory nature, shall also grant authorized to the persons so assigned to a disaster. Such services from persons outside of government may be accepted by the Town on a volunteer basis. Such citizens shall be enrolled as civil defense volunteers in cooperation with the heads of Town departments effected.
6. Some of the duties ascribed to the Selectmen in this Section will ordinarily be handled as a matter of routine by the Coordinator, but the responsibility and authority stem from and remain with the Board of Selectmen.
SECTION VI:I No Municipal or Private Liability
1. This Ordinance is an exercise by the Town of its governmental functions for the protection of the public peace, health, and safety, and neither the Town nor agents and representatives of the Town of Bradford, or any individual, receiver, firm partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this ordinance, shall be liable for any damage sustained to persons or property as the result of said activity.
2. Any person owning or controlling real estate or other premises who voluntarily and without compensation, grants the Town right to inspect, designate and use the who or any part or parts of such real estate or premises for the purpose of sheltering people during an actual, impending or practice enemy attack shall not be civilly liable for the death of injury, injury to, any persons on or about such real estate or premises under license, privilege or other permission for less of, or doom age to, the property of such person.
SECTION VIII: Violation of Regulations
It shall be unlawful for any person to violate any of the provisions of this ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Civil Defense organization as herein defined in the enforcement of the provisions of this ordinance or any regulation or plan issued thereunder.
SECTION IX: Penalty
Any person, firm or corporation violating any provision of this ordinance, or any rules or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not more than one hundred ($100.00), and costs of prosecution, or imprisonment in the Merrimack County Jail for a period of not more than ninety (90) days, or both such fine and imprisonment, in the discretion of the court.
SECTION X: SEVERABILITY
Should any provision of this ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions, or of this ordinance as a whole, it being legislative intent that the provisions of this ordinance shall be severable and remain valid notwithstanding such declaration.
SECTION XI: Conflicting Ordinance, Orders, Rules and Regulations Suspended
At all times when the orders, rules and regulations made and promulgated pursuant to this Ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
SECTION XII: Effective Date
This ordinance shall take effect on the first day of March, 1979.
By order of Selectmen.