The declared purposes of this article are to provide for the preparation and carrying out of plans for the protecting 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 and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Florence, Kansas.

(Prior Code 5-101; Code 2023)

Definitions of terms used in this article shall be as follows:

(a)   Civil Defense. As used in this article, the term “Civil Defense” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or by fire, flood, failure of public utility service or other causes. It shall not include, nor does any provision of this article apply to any condition relating to a labor controversy.

(b)   Disaster. As used in this article the term “disaster” shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(Prior Code 5-102; Code 2023)

The City of Florence, Kansas, Civil Defense and Disaster Council is hereby created and shall consist of the following:

(a)   The chairman of the board of the City of Florence, Kansas, who shall be the Mayor;

(b)   The director of civil defense and disaster who shall be vice chairman, who with the assistance of deputy directors and chiefs of services, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this City, and shall have such other duties as may be assigned by the director;

(c)   Such deputy directors and chiefs of civil defense services are provided for by resolution pursuant to this article;

(d)   Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the Mayor and governing body.

(Prior Code 5-103; Code 2023)

It shall be the duty of the Florence, Kansas, Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the Mayor and governing body, 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 and Disaster Council shall meet upon call of the Mayor, or, in his absence from the City or inability to call such meeting, upon call of the vice chairman.

(Prior Code 5-104; Code 2023)

There is hereby created the position of director of civil defense and disaster. Such director shall be appointed by the Mayor and governing body. The director is hereby empowered:

(a)   To request the Mayor and governing body to proclaim the existence or the threatened existence of a disaster or an emergency and the termination thereof. If the governing body is in session, or to issue such proclamation if the governing body is not in session, subject to confirmation by the governing body at the earliest practicable time.

(b)   Through the governing body to request the governor to proclaim a state of disaster or 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 efforts of the civil defense and disaster organization of this City for the accomplishment of the purpose of this article.

(d)   To direct coordination and cooperation between divisions, services, and staff of the civil defense and disaster organization of this City, and to resolve questions of authority and responsibility that may arise between them.

(e)   To represent the civil defense and disaster organization of this City in all dealings with public or private agencies pertaining to civil defense and disaster.

(Prior Code 5-105; Code 2023)

In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the governor or the director of the Kansas Civil Defense Division, the director is hereby empowered:

(a)   To make and issue rules and regulations of matters reasonably related to the protection of life and property as affected by such disaster: Provided, That such rules and regulations must be confirmed at the earliest practicable time by the governing body;

(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 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 the proclamation of a state of disaster or a state of extreme emergency by the governor in the region in which this City is located, to command the aid of as many citizens of this City 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 civil defense disaster service volunteers;

(d)   To requisition necessary personnel or materials of any City department or agency;

(e)   To execute all of the special powers conferred upon him by this article or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the governing body or by any other awful authority, and to exercise complete authority over the City during the period of such state of disaster or state of extreme emergency.

(Prior Code 5-106; Code 2023)

All officers and employees of this City, 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 1-906c of this article be charged with duties incident to the protection of life and property in this City during such disaster, shall constitute the civil defense and disaster organization of the City.

(Prior Code 5-107; Code 2023)

The functions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the governing body shall prescribe by resolution. The governing body shall concurrently with the adoption of this ordinance, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the federal government and the State of Kansas.

(Prior Code 5-108; Code 2023)

It shall be a misdemeanor, punishable by a fine not to exceed Five Hundred Dollars ($500.00) for any person during a disaster:

(a)   Willfully to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article;

(b)   To do any act forbidden by any lawful rules or regulations issued pursuant to this article. 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 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 civil defense and disaster agency of the state.

(Prior Code 5-109; Code 2023)