Marion Ordinance Chapter 7

Chapter 7
CIVILDEFENSE*
Art. I. In General, §§ 7-1-7-15
Art. II. Civil Defense or Disaster Organization and Program, §§
7-16-7-33
Art. III. Mayor’s Emergency Powers, §§ 7-34-7-38
ARTICLE I. IN GENERAL
Sec. 7-1. Definition.
The term “civil defense,” as used in this chapter, shall
include measures for the mobilization, organization and
direction of the civilian population and necessary support
agencies to prevent, or minimize, the effects of fire, flood,
earthquake and epidemic, as well as the effects of a nuclear
war, or any subversive activities against the populace,
communities, industrial plants, facilities and other installations.
Sees. 7-2-7-15. Reserved.
ARTICLE II. CIVIL DEFENSE OR DISASTER
ORGANIZATION AND PROGRAM
Sec. 7-16. Established.
There is hereby established the Marion Civil Defense
Organization, referred to herein as the civil defense
organization.
Sec. 7-17. Purpose.
It is contemplated that the city civil defense organization
shall function as an integral part of the Perry County Civil
*State law reference-Civil defense generally, Code of Ala., Tit. 37A, §
19(66) et seq. .
Cross reference-Administration, ch, 2. . ‘
State law reference-Local organization, Code of Ala., Tit. 37, §19(75).
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§ 7-17 MARION CODE
Defense Organization and this chapter is adopted at the
request of the state civil defense director for the purpose of
coordinating the civil defense operations in the county.
Sec. 7 ~ 18-. Powers and duties.
It  shall be the duty of the civil defense organization, and

it is hereby endowered:
(I) To develop a municipal civil defense operational
survival plan. This-pl-an shall provide for the effective
mobilization of all resources of the municipality, both
private and public.
(2) To prepare and recommend for consideration by the
city council ordinances necessary to implement the
civil defense operational survival plan.
(3) To consider and recommend to the city council for
approval all mutual aid plans and agreements.
Sec. 7-19. Civil defense director generally.
There is hereby created the office of the Marion Civil
Defense Director. Such officer shall be nominated by the
mayor, and approved by the city council. The civil defense
director is her1eby charged:
(1) To represent the mayor on all matters pertaining to
civil defense.
(2) During· periods of emergency to direct the services of
all municipal civil defense forces.
(3) To obtain and utilize cooperation of municipal, county
and state officials in the preparation and implementation
of all civil defense operational survival plans.
(4) During ]periods of emergency to obtain vital supplies
and equipment needed for the protection of life and
property of people.
Sec. 7-20. Composition.
The civil defense organization shall be composed of the
general officers and employees of the city, wilch volunteer
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CIVIL DEFENSE § 7-34
forces enrolled, to aid them during an emergency, and an
persons who make the agreements on operation of law. All
such persons shall be charged with duties necessary for the
protection of life and property in the city and county during
an emergency.
Sec. 7-21. Volunteers to serve without compensation;
immunities.
All persons, other than officers and emp-}oyees of the
municipality, volunteering in service pursuant to compliance
with this chapter, shall serve with” or without, compensation.
While engaged in such service, they shan have the
same immunities as persons and employees of the municipality
performing simIlar duties.
Sec. 7-22. Formulation of plan.
A complete and adequate civil defense operational
survival plan- shall be formulated.· This plan will be based
upon plans formulated by and in the Alabama Operation
Survival Plan.
Sees. 7-23-7-33. Reserved.
ARTICLE III. MAYOR’S EMERGENCY POWERS*
Sec. 7-34. Definitions.
As used in this article, the following words and terms
shall·have the meanings ascribed to them in this section:
Civil emergency. A “civil emergency” is hereby defined to
be:
(1) A riot or unlawful assembly characterized by the use
of actual force or violence or any threat to use force if
accompanied by immediate power to execute by three
(3) or more persons acting together without authority
of law.
*Cross reference-Mayor, §2-69 et seq.
State law reference-Authority of mayor to close certain places in case
of riot, Code of Ala., Tit. 37, § 442.
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§7-34 MARION CODE
(2) Any natural disaster or man-made calamity, including
a flood, conflagration, cyclone, tornado, earthquake
or explosion within the corporate limits of the
city resulting in the death or injury of persons or the
destruction of property to such an extent that
extraOll”dinary measures must’ be taken to protect the
public health, safety and welfare.
Curfew. A. “curfew” is hereby defined as a prohibition
against any’ person or persons fronlwalking, running,
loitering, standing, or motoring upon any alley, street,
highway, public property’ or,’ vacant, premises within’ ‘the
corporate limits of the .city, excepting persons officially
designated to duty with reference to said civil emergency.
Sec. 7-35. Proclamation.
When in the judgment of ,the Mayor a civil emergency is
deemed to exist, he shall ‘forthwith proclaim in writing the
existence of :same.
Sec. 7-36. Ordering of curfew following proclamation.
After proclamation of a evil emergency by the mayor, he
may order a general curfew applicable to such geographical
areas of the city or to the city as a whole, as he deems
advisable, and applicable during such hours of the day or
night as he deems necessary in the interest of the public
safety and welfare.
Sec. 7-37. Orders authorized after proclamation.
After proclamation of aeivil emergency, the mayor may
also in the interest of public safety and welfalre make any or
all of the following orders:
(1) Order the closing of all retail liquor stores.
(2) Order the closing of all beer taverns.
(3) Order the closing of all private clubs or portions
thereof wherein the consumption of intoxicating liquor
and/or beer is permittea.
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CIVIL DEFENSE § 7-38
(4) Order the discontinuance of the sale of beer.
(5) Order the discontinuance of selling, distributing or
giving away gasoline or other liquid flammable or
combustible products in any container other than a
gasoline tank properly affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other
establishments the chief activity of which is the sale,
distribution or .dispensing of liquid flammable or
combustible products.
(7) Order the discontinuance of selling, distributing,
dispensing or giving away of any firearms or
ammunition of any character whatsoever.
(8) Order the closing of any or all establishments or
portions thereof the chief activity of which is the sale,
distribution, dispensing or giving away of firearms
and/{)r ammunition.
(9) Issue such other orders as are imminently necessary
for the· protection of life and property.
Sec. 7-38. Violations; penalty.
Any person found guilty of violating any provision of this
article, or any executive order issued by the mayor pursuant
to the authority herein contained, shall be guilty of an
offense against the city, and shall be punished as provided
in section 1-7.
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