Article 61-6Consultation of Wide-area Evacuation Outside Prefecture by Mayor of Municipality
第六十一条の六(市町村長による都道府県外広域避難の協議等)
In the case prescribed in paragraph (1) of the preceding Article, when the mayor of a municipality finds urgency in light of the situation, the mayor may consult with the mayor of a municipality in the area of another prefecture about accepting people in need of evacuation.
When the mayor of a municipality conducts consultation under the preceding paragraph, the mayor must report to the prefectural governor to that effect in advance; provided, however, that if it is difficult to report it in advance, it is sufficient for the mayor to report it without delay after the beginning of consultation.
市町村長は、前項の規定による協議をするときは、あらかじめ、その旨を都道府県知事に報告しなければならない。ただし、あらかじめ報告することが困難なときは、協議の開始の後、遅滞なく、報告することをもつて足りる。
The prefectural governor who has received a report under the preceding paragraph must promptly report the details to the Prime Minister.
前項の規定による報告を受けた都道府県知事は、速やかに、その内容を内閣総理大臣に報告しなければならない。
In the case of paragraph (1), the mayor of a municipality who was consulted (hereinafter referred to as "consulted mayor outside the prefecture" in this Article) is to accept people in need of evacuation except in the case of just cause for not accepting people in need of evacuation. In this case, the consulted mayor outside the prefecture must provide the accepted people in need of evacuation with a designated emergency evacuation site or other evacuation site to be used as their wide-area evacuation outside the prefecture.
In the case referred to in the preceding paragraph, the consulted mayor outside the prefecture must decide which evacuation site is to accept people in need of evacuation in the area of the municipality and immediately notify the person who will manage the evacuation site and any other person designated by Disaster Management Agency Order of the details.
前項の場合において、都道府県外協議先市町村長は、当該市町村の区域において要避難者を受け入れるべき避難場所を決定し、直ちに、その内容を当該避難場所を管理する者その他の防災庁令で定める者に通知しなければならない。
When the consulted mayor outside the prefecture has made a decision under the preceding paragraph, the consulted mayor must promptly notify the mayor who consulted with the consulted mayor pursuant to the provisions of paragraph (1) (hereinafter referred to as "consulting mayor" in this Article) and make a report to the prefectural governor of the details.
都道府県外協議先市町村長は、前項の規定による決定をしたときは、速やかに、その内容を第一項の規定により協議した市町村長(以下この条において「協議元市町村長」という。)に通知するとともに、都道府県知事に報告しなければならない。
When the consulting mayor has received a notification under the preceding paragraph, the mayor must promptly make a public notice, notify the person designated by Disaster Management Agency Order, and make a report to the prefectural governor of the details.
The prefectural governor who has received a report under the preceding paragraph must promptly report the details to the Prime Minister.
前項の規定による報告を受けた都道府県知事は、速やかに、その内容を内閣総理大臣に報告しなければならない。
When the consulting mayor finds it no longer necessary to implement wide-area evacuation outside the prefecture, the mayor must promptly notify the consulted mayor outside the prefecture and the person designated by Disaster Management Agency Order referred to in paragraph (7), make a public notice, and report to the prefectural governor to that effect.
協議元市町村長は、都道府県外広域避難の必要がなくなつたと認めるときは、速やかに、その旨を都道府県外協議先市町村長及び第七項の防災庁令で定める者に通知し、並びに公示するとともに、都道府県知事に報告しなければならない。
When the consulted mayor outside the prefecture has received a notification under the preceding paragraph, the mayor must promptly notify the person designated by Disaster Management Agency Order referred to in paragraph (5) and report to the prefectural governor to that effect.
都道府県外協議先市町村長は、前項の規定による通知を受けたときは、速やかに、その旨を第五項の防災庁令で定める者に通知するとともに、都道府県知事に報告しなければならない。
The prefectural governor who has received a report under paragraph (9) must promptly report the details to the Prime Minister.
第九項の規定による報告を受けた都道府県知事は、速やかに、その内容を内閣総理大臣に報告しなければならない。
Article 61-7Advice by Prefectural Governor and Prime Minister
第六十一条の七(都道府県知事及び内閣総理大臣による助言)
When asked by the mayor of a municipality, the prefectural governor must give advice about the other party to the consultation under Article 61-4, paragraph (1) and other matters concerning wide-area evacuation.
都道府県知事は、市町村長から求められたときは、第六十一条の四第一項の規定による協議の相手方その他広域避難に関する事項について助言をしなければならない。
When asked by the prefectural governor, the Prime Minister must give advice about the other party to the consultation under Article 61-5, paragraph (2) and other matters concerning wide-area evacuation outside the prefecture or matters concerning wide-area evacuation.
内閣総理大臣は、都道府県知事から求められたときは、第六十一条の五第二項の規定による協議の相手方その他都道府県外広域避難に関する事項又は広域避難に関する事項について助言をしなければならない。
Article 61-8Transportation of Residents
第六十一条の八(居住者等の運送)
In cases where a disaster involving an area of a prefecture is likely to occur, when the prefectural governor finds it urgently necessary for protecting the lives or bodies of residents, etc. from the disaster, the prefectural governor may request the designated public corporations or the designated local public corporations that are transportation business operators to transport Residents, etc., by specifying the people to be transported, and the place and period for transportation.
When the designated public corporations or the designated local public corporations do not meet the request under the preceding paragraph without any just cause, the prefectural governor may instruct the designated public corporations or designated local public corporations to transport residents, etc. only when found particularly necessary for protecting the lives or bodies of residents, etc. from the disaster. In this case, the people to be transported and the place and period for transportation must be specified in writing.
Section 4 Emergency Measures
第四節 応急措置等
Article 62Emergency Measures of a Municipality
第六十二条(市町村の応急措置)
When a disaster involving an area of a municipality has occurred or is imminent, as provided for by laws and regulations or under an area disaster management plan, the mayor of a municipality must promptly implement fire-fighting, flood prevention, rescue, and other necessary emergency measures to prevent disaster or the spread of a disaster (hereinafter referred to as "emergency measures").
When a disaster involving an area of a municipality has occurred or is imminent, pursuant to the provisions of an area disaster management plan, the committee of the municipality or its members, any public organization in that area, administrators of facilities important for disaster management, and other parties responsible for the implementation of emergency measures as provided for by laws and regulations must implement emergency measures concerning the function or operations under their jurisdiction under the jurisdiction of the mayor of a municipality, or must cooperate in the implementation of emergency measures undertaken by the mayor of a municipality.
Article 63Mayor's Right to Establish a Restricted Area
第六十三条(市町村長の警戒区域設定権等)
In cases where a disaster has occurred or is imminent, when the mayor of a municipality finds it particularly necessary for preventing danger to people's lives or bodies, the mayor may establish a restricted area and restrict or prohibit any persons other than those engaged in emergency disaster control measures from entering that area, or may order them to leave that area.
災害が発生し、又はまさに発生しようとしている場合において、人の生命又は身体に対する危険を防止するため特に必要があると認めるときは、市町村長は、警戒区域を設定し、災害応急対策に従事する者以外の者に対して当該区域への立入りを制限し、若しくは禁止し、又は当該区域からの退去を命ずることができる。
In the case referred to in the preceding paragraph, if the mayor of a municipality or officials of the municipality exercising the authority of the mayor prescribed in the same paragraph delegated to them are not on the site, or if a request is made by them, police or coast guard officers may exercise the authority of the mayor prescribed in the same paragraph. In this case, when the police or coast guard officers have exercised the authority of the mayor of a municipality prescribed in the same paragraph, they must immediately notify the mayor of a municipality to that effect.
Provided that neither the mayor of a municipality nor anyone able to exercise the authority of the mayor of a municipality prescribed in paragraph (1) above is present, the provisions of paragraph (1) above apply mutatis mutandis to the performance of the duties of Self-Defense Force personnel of units that are prescribed in Article 8 of the Self-Defense Forces Act (Act No. 165 of 1954) and dispatched pursuant to the provisions of Article 83, paragraph (2) of the same Act (hereinafter referred to as "SDF personnel of units under disaster relief operation"). In this case, when SDF personnel of units under disaster relief operation have taken measures prescribed in the provisions of paragraph (1) above, they must immediately notify the mayor of a municipality to that effect.
The provisions of Article 61-2 apply mutatis mutandis to the case when an attempt is made to establish a restricted area pursuant to the provisions of paragraph (1).
Article 64Expropriation for Emergency Official Use
第六十四条(応急公用負担等)
In cases where a disaster involving an area of a municipality has occurred or is imminent, when the mayor of a municipality finds it urgently necessary for implementing emergency measures, the mayor may use temporarily the land, building, or any other structure belonging to other persons within the area of the municipality, use or expropriate stone, bamboo, and wood, or other objects, as provided for by Cabinet Order.
In cases where a disaster involving an area of a municipality has occurred or is imminent, when the mayor of a municipality finds it urgently necessary for implementing emergency measures, the mayor may remove any structures or objects on the site affected by the disaster and which may hinder the execution of emergency measures (hereinafter referred to as "structures, etc." in this Article) or take other necessary measures. In this case, when the mayor removes structures, etc., the mayor must keep custody of them.
When the mayor of a municipality has kept structures, etc. into their custody, pursuant to the provisions of the second sentence of the preceding paragraph, as provided for by Cabinet Order, the mayor must publicly notify the matters provided for by Cabinet Order in order to return the structures, etc., to the occupant, owner, or any persons having title to Structures, etc. (hereinafter referred to as "occupants, etc." in this Article).
When there is a risk of structures, etc., which have been kept in custody pursuant to the provisions of the second sentence of paragraph (2), being destroyed, lost, or damaged, or when their custody would incur undue cost or effort, as provided for by Cabinet Order, the mayor of a municipality may sell the Structures, etc., and hold the sales proceeds.
Costs of custody of structures, etc., their sale, public notices in connection with them, etc., prescribed in the preceding three paragraphs, are charged against the Occupants, etc. to whom the relevant Structures, etc., are returned, and as regards the collection of the expenses, Articles 5 and 6 of the Act on Substitute Execution by Administration (Act No. 43 of 1948) apply mutatis mutandis.
When the structures, etc., which have been kept in custody pursuant to the provisions of the second sentence of paragraph (2) (including sales proceeds under paragraph (4); hereinafter the same applies in this paragraph), cannot be returned after six months from the date of the public notice prescribed in paragraph (3), the ownership of the relevant structures, etc., is assigned to the municipality under the control of the mayor.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to cases under paragraph (1) and the first sentence of paragraph (2).
Provided that neither the mayor of a municipality nor anyone able to exercise the authority of the mayor of a municipality prescribed in paragraph (1) or the first sentence of paragraph (2) above is present, the provisions of paragraph (1) and the first sentence of paragraph (2) above apply mutatis mutandis to the performance of the duties of SDF personnel of units under disaster relief operation. In this case, when SDF personnel of units under disaster relief operation have taken measures prescribed in the provisions of paragraph (1) or the first sentence of paragraph (2) above, they must immediately notify the mayor of a municipality to that effect.
When police officers, coast guard officers, or SDF personnel of units under disaster relief operation have removed structures, etc., pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to paragraph (7) or the first sentence of paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph, they must present the relevant structures, etc., to the chief of a police station and others having jurisdiction over the original location of the structures, etc., or to the head of the units, etc. prescribed in Article 8 of the Self-Defense Forces Act and provided for by Disaster Management Agency Order (hereinafter referred to as "SDF unit commanding officer" in this Article). In this case, the chief of a police station and others, or SDF unit commanding officer must keep the relevant structures, etc., in custody.
The custody of structures, etc., by the chief of a police station and others, or SDF unit commanding officer pursuant to the provisions of the preceding paragraph is governed by the provisions of paragraphs (3) through (6); provided, however, that the ownership of structures, etc., which cannot be returned after six months from the date of public notice governed by paragraph (3) are assigned to the prefecture to which the police station belongs if the relevant structures, etc., are under the custody of the chief of a police station, and to the State if they are under the custody of the head of the office of the regional coast guard headquarters provided for by Cabinet Order or the SDF unit commanding officer.
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
designated public corporations
「指定公共機関」
Incorporated administrative agencies, the Bank of Japan, the Japanese Red Cross Society, Japan Broadcasting Corporation (NHK) and other public institutions, and corporations running public utilities such as electricity, gas, transport and telecommunications, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
designated local public corporations
「指定地方公共機関」
Local incorporated administrative agencies, port authorities, land improvement districts and other managers of public facilities, and corporations running public utilities such as electricity, gas, transport and telecommunications in a prefecture, that the governor of that prefecture designates.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
area disaster management plancorrected by this site
「地域防災計画」
A disaster management plan for a particular area: the plan for a prefecture made by its prefectural disaster management council, the plan for a municipality made by its municipal disaster management council or mayor, and the plans for areas spanning two or more prefectures or municipalities made by joint committees of their councils.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
residents, etc.machine translation
「居住者等」
Residents (居住者), people staying in the area (滞在者) and others.
Short name set inArticle 33-2, paragraph (1), item (i)
chief of a police station and others
「警察署長等」
In Article 59, paragraph (2) and Articles 64 and 66, the chief of a police station, or the head of an office of a regional coast guard headquarters that a Cabinet Order (政令) specifies.
Short name set inArticle 59, paragraph (2)· applies only in this paragraph and in Articles 64 and 66
wide-area evacuation
「広域避難」
A stay of residents and others (居住者等) in the area of another municipality in the same prefecture, arranged by consultation between the mayors, when a disaster threatens and they cannot safely be sent to an evacuation site in their own municipality.
Short name set inArticle 61-4, paragraph (3)
people in need of evacuation
「要避難者」
Residents and others (居住者等) whom the mayor of a municipality seeks to have taken in by another municipality for wide-area evacuation under Article 61-4, paragraph (1).
Short name set inArticle 61-4, paragraph (3)
wide-area evacuation outside the prefecture
「都道府県外広域避難」
A stay for a set period of people in need of evacuation in a municipality of another prefecture, arranged by consultation at the request of their mayor.
Short name set inArticle 61-5, paragraph (5)
consulted mayor outside the prefecture
「都道府県外協議先市町村長」
In Article 61-6, the mayor of a municipality in another prefecture whom a mayor consulted directly, in an emergency, about taking in people in need of evacuation.
Short name set inArticle 61-6, paragraph (4)· applies only in this article
consulting mayor
「協議元市町村長」
In Article 61-6, the mayor of a municipality who, in an emergency, consulted the mayor of a municipality in another prefecture directly about taking in people in need of evacuation.
Short name set inArticle 61-6, paragraph (6)· applies only in this article
emergency measures
「応急措置」
Fire-fighting, flood fighting, rescue and other emergency measures needed to fend off a disaster or stop it from spreading.
Short name set inArticle 62, paragraph (1)
SDF personnel of units under disaster relief operation
「災害派遣を命ぜられた部隊等の自衛官」
Members of the Self-Defense Forces in units or other formations under Article 8 of the Self-Defense Forces Act that have been ordered to deploy under Article 83, paragraph (2) of that Act.
Short name set inArticle 63, paragraph (3)
structures, etc.
「工作物等」
In Article 64, a structure (工作物) or object (物件) at the scene of a disaster that has been damaged and stands in the way of emergency measures, which the mayor of a municipality may remove.
Short name set inArticle 64, paragraph (2)· applies only in this article
occupants, etc.
「占有者等」
In Article 64, the occupant, owner or other person with title (権原) to a structure or object (工作物等) that has been removed to carry out emergency measures and taken into storage.
Short name set inArticle 64, paragraph (3)· applies only in this article
SDF unit commanding officermachine translation
「自衛隊の部隊等の長」
In Article 64, the head of a unit or other formation of the Self-Defense Forces under Article 8 of the Self-Defense Forces Act, as a Disaster Management Agency Order specifies, to whom structures and objects removed by Self-Defense Forces personnel and others are handed for storage.
Short name set inArticle 64, paragraph (9)· applies only in this article
chief of a police station
警察署長
The head of a police station (警察署). The Police Act (警察法) divides each prefecture's area into districts, each served by a police station, and places a chief in every station (Police Act, Article 53, paragraphs (1) and (2)). Under the direction and supervision of the officers above the station in the prefectural police — the Superintendent General (警視総監) of Tokyo's police, the chief of a prefectural police headquarters (警察本部長), or, in Hokkaido, a district headquarters chief (方面本部長), among others — the chief handles police work within the station's district and directs and supervises the station's police officials (Article 53, paragraph (3); Articles 48 and 51). Under the Road Traffic Act, a person who means to work on a road, put up a structure or a fixed stall on it, or use it in another way the prefectural public safety commission (公安委員会) has listed as greatly affecting traffic, needs the permission of the chief of the police station for that place (Road Traffic Act, Article 77, paragraph (1)). Under the Lost Property Act, a finder must promptly return a found item to its owner or hand it in to a police station chief, and must hand in items that are illegal to possess or appear to have been held by a criminal (Lost Property Act, Article 4, paragraph (1)); something found inside a facility such as a station or shop goes to the facility's operator instead (Article 4, paragraph (2)).
Written by AI using Police Act, Arts. 48, 51, 53, Road Traffic Act, Art. 77 and Lost Property Act, Art. 4 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.