Chapter 7

Chapter 7: Civil Defense

Article 1. Department of Civil Defense

Section 7-1. Department of Civil Defense Created.

(See Chapter 1, Sections 1-53 and 1-54.)

Sections 7-2 through 7-9. (Reserved for future use.)

Article 2. Miscellaneous Provisions

Section 7-10. Definitions. 

  1. Civil Defense. The term "civil defense" shall mean the preparation for, and carrying out of, all emergency functions, other than functions for which primary responsibility is assigned elsewhere by Federal, State or local law or Ordinance, to protect the public peace, health and safety and to preserve lives and property in the City of Elk City, Oklahoma, during any emergency resulting from enemy attack, sabotage or other hostile action, or from any flood, drought, fire, hurricane, earthquake, storm or other catastrophe in or near said community, and involving imminent or actual peril to life and property. These functions include administration, organization, planning, recruiting, training, education, information, welfare service, relief service, police service, warden service, fire service, rescue service, medical service, health service, transportation service, communications service, streets and sewer service, utilities service, general engineering service, plant protection service, supply service, mutual aid, mobile support, evacuation and all other functions necessary or incidental to the preparation for any carrying out of the foregoing functions.
  2. Enemy Caused Emergency. The term "enemy caused emergency" shall mean any state of emergency caused by actual or impending attack, sabotage or other hostile action, anywhere within the United States and involving imminent peril to lives and property in the City of Elk City, Oklahoma. Such emergency shall be deemed to exist only when the Mayor shall so declare by public proclamation and such emergency shall be deemed to exist until the aforesaid Mayor shall declare its termination by public proclamation, or until the City Commission shall declare its termination by Resolution.
  3. Natural Emergency. The term "natural emergency" shall mean any state of emergency caused by any actual or impending flood, drought, fire, hurricane, earthquake, storm or other catastrophe, in or near the City of Elk City, Oklahoma, and involving imminent peril to lives and property. Such emergency shall be deemed to exist and to be terminated under the same conditions as prescribed for an "enemy caused emergency."

Section 7-11. Liability. 

  1. Neither the City of Elk City, Oklahoma, nor any officer or member of the Civil Defense Organization provided for in this Code of Ordinances, shall be liable for personal injury or property damages sustained by any person appointed or acting as a volunteer civil defense worker or member of any agency engaged in civil defense activity prior to, or during, either an enemy caused or a natural emergency. 
  2. Nor shall the City or any such officer or member be liable for the death or injury of any persons, or damage to property, resulting from such civil defense activity prior to, or during, either an enemy caused or a natural emergency.

Section 7-12. Federal, State or Private Aid May Be Accepted. 

Whenever the Federal Government, the State of Oklahoma, or any person, firm or corporation shall offer to the City of Elk City, Oklahoma, any services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, the Mayor may accept such offer and may authorize the Director of Civil Defense to receive the same, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

Section 7-13. Emergency Operations Center. 

  1. A Civil Defense Emergency Operations Center is hereby established for the City of Elk City, Oklahoma. 
  2. Operation of the Center shall be in conformance with appropriate rules and regulations adopted by motion of the City Commission.

Sections 7-14 through 7-19. (Reserved for future use.)

Article 3. Penalty

Section 7-20. Penalty.

Any person, firm or corporation who shall violate any provision of this Chapter shall be guilty of any offense and, upon conviction thereof, shall be punished by fine and costs as provided for in Section 1 40 of this Code, unless a separate and distinct penalty is otherwise specifically set forth in this Chapter. Each day's continuation of any such violation shall constitute a separate offense.