Massachusetts Civil Defense Act

Massachusetts Civil Defense Act and Related Statues

Massachusetts General Laws Chapter 639 Acts of 1950

 

Chapter 639 § Section 1: Definitions:

In this act, unless the context otherwise requires, the following words shall have the following meanings: ---

 

“Civil defense” shall mean the preparation for and carrying out of all emergency functions, other than functions for which military forces other than national guard are primarily responsible, for the purpose of minimizing and repairing injury and damage resulting from disasters caused by attack, sabotage or other hostile action; or by riot or other civil disturbance; or by fire, flood, earthquake or other natural causes.

 

Said functions shall include specifically, but without limiting the generality of the foregoing, firefighting and police services other than the actual control or suppression of riot or other civil disturbance, medical and health services, rescue, engineering and air-raid warning services, evacuation of persons from stricken areas, emergency welfare services, communications, radiological, chemical and other special weapons of defense, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions.

 

“Local organization for civil defense” shall mean an organization created in accordance with the provisions of this act by state or local authority to perform local civil defense functions.

 

Chapter 639 § Section 11: Auxiliary Firemen and Police:

(a) The mayor and city council in cities and the selectmen in towns, or such other persons or bodies as are authorized by law to appoint firemen or policemen, may appoint, train and equip volunteer, unpaid auxiliary firemen and auxiliary police and may establish and equip such other volunteer, unpaid public protection units as may be approved by said Massachusetts Emergency Management Agency and may appoint and train their members.

 

Coats and other like garments issued hereunder to be worn as outer clothing by auxiliary firemen shall bear on the back the letters C.D. five inches in height and helmet so issued shall be in yellow.

 

Every such fireman, unless wearing a coat or other like garment and helmet issued as aforesaid, shall, while on duty as such, wear an arm band bearing the letters C.D. Chapters thirty-one, thirty-two and one hundred fifty-two of the General Laws shall not apply to persons appointed hereunder.  Coats, shirts and other garments to be worn as outer clothing by auxiliary police officers shall bear a shoulder patch with the words “Auxiliary Police” in letters not less than one inch in height.

 

(b)  Cities and towns may be ordinance or by-law, or by vote of the aldermen, selectmen or board exercising similar powers, authorize their respective police departments to go to aid another city of town at the request of said city or town in the suppression of riots or other forms of violence therein, and, while in the performance of their duties in extending such aid, the members of such departments shall have the same powers, duties, immunities and privileges as if performing the same within their respective cities or towns. 

 

Any such ordinance, by-law or vote may authorize the head of the police department to extend such aid subject to such conditions and restrictions as may be prescribed therein. Any city or town aided under and in accordance with this section shall compensate any city or town rendering aid as aforesaid for the whole or any part of any damage to its property sustained in the course of rendering the same and shall reimburse it in whole or in part for any payments lawfully made to any member of its police department or to his widow or other dependents on account of injuries or death suffered by him in the course of rendering aid as aforesaid or of death resulting from such injuries.

 

(c)  The head of the fire or police department of any city, town or district of the Commonwealth shall, after the issuing of any proclamation provided for in this act, order such portion of his department, with its normal equipment, as the governor may request, for service in any part of the commonwealth where the governor may deem such service necessary for the protection of life and property. When on such service, police officers and firemen shall have the same powers, duties, immunities and privileges as if they were performing their duties within their respective cities, towns or districts. The commonwealth shall compensate any city, town or district for damage to its property sustained in such service and shall reimburse it for any payments lawfully made by it to any member of its police or fire department or to his widow or other dependents on account of injuries sustained by him in such service or of death resulting from such injuries.

 

Persons appointed to an auxiliary police force in a city of town shall exercise or perform such of the powers or duties of police officers as may be prescribed by the appointing authority including but not limited to replacing and performing the duties of regular personnel who may be actually engaged in the direct control or suppression of riots or other civil disturbance, and no civil defense personnel shall be so utilized in any such direct riot control activities; provided, that said powers or duties shall not be exercised or performed by them except while they are on active duty and displaying an authorized badge or other insignia after being called to such duty by the head of the police force of such city or town to meet a situation which, in his opinion, cannot be adequately handled by the regular police force and by the reserve police force if any, of such city or town. Auxiliary police in towns, but not in cities, may be authorized by the appointing authorities to exercise powers conferred by section ten of this act upon members of regular, special or reserve police forces of said towns except as provided above.

 

(d) Auxiliary police shall not be sent to another city or town pursuant to the provisions of  paragraphs (b) or (c) of this section or any other provisions of law, except upon order of the head of the police force of the city or town in which such auxiliary police were appointed provided, that auxiliary police shall not be so dispatched to another city or town unless they are authorized by the appointing authority to exercise or perform to the full powers or duties of police officers subject to the limitation in paragraph (b) relating to direct riot control activities, except that auxiliary police appointed in a town shall not while performing their duties in a city, exercise the powers conferred by section ten in this act upon members of regular, special or reserve police forces of said town. When on such service, auxiliary police shall have the same powers, duties, immunities and privileges. Except as provided above, as if they were performing their duties within their respective cities and towns.

 

(e) When participating in any training exercise ordered or authorized by the director, Policemen and fire fighters shall have the same powers, duties, immunities and privileges as if they were performing their duties within their respective cities, towns or districts. The commonwealth shall compensate any city, town or district for damage to its property sustained in any such training, and shall reimburse it for any payments lawfully made by it to any member of its police of fire department or to his widow or other dependents on account of injuries sustained by him in such training or of death resulting from such injuries.

 

Chapter 639 § Section 13: Establishment of Local Civil Defense Organizations; Duties; Powers of Political Subdivisions During Disasters:

 

Each political subdivision of the commonwealth is hereby authorized and directed to establish a local organization for civil defense in accordance with the state civil defense plan and program.

 

Each local organization for civil defense shall have a director, who shall, in the case of a city, be appointed by the mayor, or in a city having the Plan E form of government by the city manager, and in towns shall be appointed by the selectman, or in towns having a town manager by the manager, and who shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such appointing authority.

 

Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of section seven of this act.

 

In carrying out the provisions of this act, each political subdivision in which in any disaster, as described in section one, occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster.

 

Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation, without regard to time-consuming procedures and formalities prescribed by law, excepting mandatory constitutional requirements, pertaining to the performance of public work, entering into Contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.