[Prior Code, Sec. 1-74]
The purpose of this chapter is to create a civil defense organization
for the City to be prepared for, and to function in the event of,
emergencies endangering the lives and property of the people of such
City. The duty of such civil defense organization shall be the protection
of the lives and health of the citizens of Tahlequah and of property
rights, both private and public, and to perform all functions necessary
and incident thereto.
[Prior Code, Sec. 1-75]
A.
There is hereby established under the executive branch of the government
of the City a Department of Civil Defense, which shall consist of:
1.
A Director of Civil Defense who shall be appointed by the Mayor of
the City and serve at his pleasure; and
2.
A Civil Defense Advisory Committee. This Committee shall consist
of the Mayor as chairman and five members appointed by the Mayor and
serving at his pleasure. The Committee shall select from its members
a vice chairman and secretary. It shall hold such meetings as are
directed by the Mayor or the Director of Civil Defense.
[Prior Code, Sec. 1-76]
The Director of Civil Defense shall be the executive head of
the Department of Civil Defense, and shall be responsible for carrying
out the civil defense program of the City. He shall serve without
compensation but may be reimbursed for expenses incurred in the performance
of his duties, it shall be the duty of the Director of Civil Defense,
as soon as practicable after his appointment, to perfect an organization
to carry out the purposes set forth in this chapter. He shall have
all necessary power and authority to form committees or other bodies
and to appoint and designate the chairman or chief officer of such
bodies as may be necessary to perfect such an organization. He shall
have such further duty and responsibility to cooperate with all civil
defense agencies of other governmental units including the State and
Federal government.
[Prior Code, Sec. 1-77]
The Director of Civil Defense is further authorized to formulate
written plans and gather information and keep written records thereof
to govern the functions of the civil defense organization.
[Prior Code, Sec. 1-78]
In the event of an enemy-caused emergency or emergency resulting
from natural causes, the Director of Civil Defense, after due authorization
from the Mayor of the City, shall have the power and authority to
enforce all rules and regulations relating to civil defense and, if
necessary take control of transportation, communications, stocks of
fuel, food, clothing, medicine, and public utilities for the purpose
of protecting the civilian population. He shall cooperate in every
way with the activities of other governmental agencies or civil defense
organizations. If required by the Mayor, he shall have control over
any and all funds allocated from any source for the purpose of alleviating
distress conditions in the City.
[Prior Code, Sec. 1-79]
The Director of Civil Defense and other members of the civil
defense organization created by him shall have the power and authority
to enforce the laws of the State and ordinances of the City during
the period of emergency, and shall at such time have the further power
to make arrests for violations of such laws or ordinances.
[Prior Code, Sec. 1-80]
All members of the civil defense organization created hereunder
shall serve without compensation; and the City shall not be liable
for any personal injury received by any member of such organization
while acting in line of duty.
[Prior Code, Sec. 1-81]
It is hereby declared the legislative intent of the Mayor and
Council that in the event of an attack upon the United States of America
of such degree of destructiveness that the duly elected officials
of the City are unable or unavailable to act, or in the event of a
civil disaster affecting said City to the same extent, then a procedure
for interim successors to so act should be established.
[Prior Code, Sec. 1-82]
In the event of the absence or disability of the Mayor to carry
out his duties, then such duties shall be succeeded to by the President
of the Council.
[Prior Code, Sec. 1-83]
In the event of the unavailability and absence of both the Mayor
and President of the Council, then the successor shall be the individual
members of the Council in order of the wards which they represent,
with the Councilman currently holding the longer term to take precedence.
[Prior Code, Sec. 1-84]
In the event of the unavailability of the Mayor and all members
of the Council, then a meeting of at least 20 qualified voting citizens
of the City shall take place at the Council chamber as soon as possible
after the disaster, at which an interim Mayor and Council shall be
elected from among those available for service.
[Prior Code, Sec. 1-85]
A.
The authority of an emergency interim successor shall cease as follows:
[Prior Code, Sec. 1-86; amended by Ord. 1302-2020, 3-31-2020]
A.
During any disaster as hereinabove defined and any disaster or state
of emergency in any part of the City of Tahlequah as determined by
the Governor of the State of Oklahoma and/or the President of the
United States, the Mayor and Council shall have all necessary emergency
powers to care for the citizens of this City, and for the maintenance
of any refugees or displaced persons, through Executive Order or otherwise.
B.
Any person violating the provisions of this chapter or of an executive
order issued pursuant to it shall be guilty of an offense, and upon
conviction thereof, shall be punished by imprisonment in the City
jail for a period not to exceed 10 days and/or by a fine of not more
than $500, excluding costs.
[Prior Code, Sec. 1-87]
During such emergency, the normal fiscal limitations on contracting,
purchasing and obtaining bids shall be suspended and the Mayor and
Council shall have all necessary authority to purchase such supplies
as necessary or to utilize private property to the extent commensurate
with the needs of the community.
