County Ordinance No. 1-A
AN ORDINANCE RELATING TO CIVIL DEFENSE
SECTION 1. PURPOSE
The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the Civil Defense of persons and property within this county in the event of a disaster, and to provide for the coordination of the Civil Defense functions of this county with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such Civil Defense activities including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of Idaho County.
SECTION 2. DEFINITIONS
(a) Civil Defense. As used in this ordinance, the term “Civil Defense” shall mean the preparation for and 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) Disaster. As used in this ordinance, the term “disaster” shall mean actual or threatened enemy attack, sabotage, extra-ordinary fire, flood, storms, epidemic, riot, earthquake or other similar public calamity.
SECTION 3. CIVIL DEFENSE COUNCIL MEMBERSHIP
The Idaho County Civil Defense Council is hereby created and shall consist of the following
(a) The chairman of the Board of County Commissioners, who shall be chairman.
(b) The Director of Civil Defense, who shall be chairman.
(c) The Assistant Director, appointed by the Board of County Commissioners, who, under the supervision of the Director, shall develop Civil Defense and disaster plans and organize the Civil Defense and disaster program of this county, and shall have such other duties as may be assigned by the Director.
(d) Such Deputy Directors and Chiefs of operating Civil Defense and Disaster Departments, services or divisions as are provided for by resolution pursuant to this ordinance.
(e) Such representatives of Civil, business, labor, veterans, professional or other organizations having an official group or organization Civil Defense and disaster responsibility as may be appointed by the Board of County Commissioners.
SECTION 4. CIVIL DEFENSE COUNCIL POWERS AND DUTIES
It shall be the duty of the Idaho County Civil Defense Council, and it is hereby empowered, to review and recommend for adoption by the Board of County Commissioners Civil Defense and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Civil Defense Council shall meet upon call of the Chairman or in his absence from the County or inability to call such meeting, upon the call of the Vice Chairman.
SECTION 5. DIRECTOR OF CIVIL DEFENSE — POWERS AND DUTIES
There is hereby created the position of Director of Civil Defense. The Director shall be appointed by the Board of County Commissioners.
The Director is hereby empowered:
(a) To request the Board of County Commissioners to proclaim the existence or threatened existence of a disaster and the termination thereof, if the Board of County Commissioners
is in session, or to issue such proclamation if the Board of Commissioners is not in session subject to confirmation by the Board of Commissioners at the earliest practicable time;
(b) To request the Governor to proclaim a state of extreme emergency when in the opinion of the Director the resources of the area or region are inadequate to cope with the disaster;
(c) To control and direct the effort of the Civil Defense Organizations of this County for the accomplishment of the purposes of this ordinance;
(d) To direct coordination and cooperation between divisions, services and staff of the Civil Defense of this County, and to resolve questions of authority and responsibility that may arise between them;
(e) To represent the Civil Defense Organization of this County in all dealings with public or private agencies pertaining to Civil Defense and Disaster.
SECTION 6. DISASTER AND EMERGENCY POWERS OF DIRECTOR
In the event of the proclamation of a disaster as herein provided or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the Director is hereby empowered;
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as effected by such disaster, provided, however, such rules and regulations must be confirmed at the earliest practicable time by the board of County Commissioner
(b) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the County for the fair value thereof, and if required immediately, to commandeer the same for public use;
(c) To require emergency services of any County officer or employee and in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this county is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered Civil Defense worker volunteers;
(d) To requisition necessary personnel or material of any County department or agency;
(e) To execute all of the special powers conferred upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the Board of County Commissioners, or by any other lawful authority;
(f) The Director and Deputy Director will be appointed as special deputy sheriffs, in order to provide certain lines of authority to their position under the law.
SECTION 7. CIVIL DEFENSE ORGANIZATION
All officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons commandeered under the provisions of Section 6 (c) of this ordinance, be charged with duties incident to the protection of life and property in this County during such disaster, shall constitute the Civil Defense organization of Idaho County.
SECTION 8. FORM
In as far as possible, the form or organization, titles and terminology shall conform to the recommendations of the Federal Government and the Department of Civil Defense of the State of Idaho.
SECTION 9. PUNISHMENT OF VIOLATION
It shall be a misdemeanor, punishable by a fine of not to exceed $250.00 or by imprisonment for not to exceed three months, or both, for any person during a disaster:
(a) Willfully to obstruct, hinder or delay any member of the Civil Defense Organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance;
(b) To do any act forbidden by any lawful rules or regulations issued pursuant to this ordinance, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, 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 Civil Defense and disaster agency of the State.
SECTION 10. REPEAL OF CONFLICTING ORDINANCES
Any existing Civil Defense or disaster ordinance or rules, regulations or resolution in regard to Civil Defense in Idaho County is hereby repealed and superseded by this ordinance provided that it is the intent of the Board of County Commissioners in enacting this ordinance that it shall be considered a revision and continuation of the ordinances repealed by this ordinance, and the status of volunteers shall not be affected by such repeal; nor shall Civil Defense and disaster 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. LOYALTY OATH (Deleted by Federal Civil Defense Act of 1950, as amended in 1972)
All persons employed or associated in any capacity with any Civil Defense organization within the State must take the oath prescribed by the Idaho Disaster Relief and Civil Defense Act of 1955
SECTION 12. 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 facts showing its urgency: The National Security Resources Board of the Federal Government has published its plan for the Civil Defense of the county. The State of Idaho acting in accordance with the Federal Plan, has enacted and made effective the “Idaho Disaster Relief and Civil Defense Act of 1955″• Both the Congress and the legislature have adopted comprehensive 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 possible to life and property. In order that the ordinances of this County relating to Civil Defense and disaster may be brought into conformity with the Federal and State Plans at the earliest possible date, it is necessary that this ordinance take effect immediately.
SECTION 13. SEVERABILITY
If any provision 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 11th day of January, 1965.
BOARD OF IDAHO COUNTY COMMISSIONERS
By – Roy D. Wisdom, Chairman
/s/ Carl T. Reuter
Clerk and Recorder of Idaho County