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HomeMy WebLinkAbout0829 ORDINANCE NO. B29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE CIVIL DEFENSE AND DISASTER ORGANIZATION OF THE CITY. The City Council of the City of Arcadia does ordain as follows: Section 1. PURPOSE. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the civil defense 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 expen- ditures made in connection with such civil defense and disaster acti- vities, 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 Arcadia. Section 2. DEFINITIONS. A. Civil Defense. As used in this ordinance, the term n ci vil defense" shall mean the preparation for and tne carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this ordinance apply to any condi- tion relating to a labor controversy. B. Disaster. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public cala- mity. Section 3. CIVIL DEFENSE AND DISASTER COUNCIL. MEMBERSHIP. The Arcadia Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be chairman. i-~" Wo"" a,:! F;;' J? B. The Director of Civil Defense and Disaster, who shall be vice-chairman. C. The Assistant Director, appointed by the City Manager, if and when there be one, and otherwise by the mayor, in each case, however, with the advice and consent of the City Gouncil, who, under the super- vision of the Director, 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. D. Such Deputy Directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, pro- fessional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council. Section 4. CIVIL DEFENSE AND DISASTER COUNCIL. POWERS AND DUTIES. It shall be the duty of the Arcadia Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adop- tion by the city council, 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 Gouncil shall meet upon call of the chairman or in his absence from the city or inability to call such meet- ing, upon the call of the vice-chairman. Section 5. DIRECTOR OF CIVIL DEFENSE AND DISASTER. POWERS AND DUTIES. There is hereby created the office of Director of Civil Defense and Disaster. Such officer shall be appointed by the Mayor with the advice and consent of the city Council; provided, however, that if the City of Arcadia shall adopt the manager or administrative officer form of government, by charter or ordinance, the city manager or chief ad- ministrative officer shall, upon his appointment, become ex officio - 2 - c/~c-Ip~y the Director of Civil Defense and Disaster, and the person theretofore appointed Director by the mayor shall be and become Assistant Director. The Director is hereby empowered: A. To request the City Council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the City Council is in session, or to issue such procl~ation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time; B. Through the mayor or chief executive, to request the Governor to proclaim 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 effort of the civil defense and disaster'organization of this city for the accomplishment of the pur- poses of this ordinance; 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. Section 6. In the event of the proclamation of a disaster as. herein provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil De~ense, the Director is hereby empowered: A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be con- firmed at the earliest practicable time by the City Council. B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property - 3 - ad. r:< C; 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 extreme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privi- leges, benefits and immunities as are provided by state law for register- ed civil defense and disaster worker volunteers; D. To requisition necessary personnel or materiel of any city department or agency; E. To execute all of his ordinary powers as mayor, city manager, chief administrative officer, or a private citizen, as the case may be; all of the special powers conferred upon him by this ordinance or by resolution adopted pursuant thereto; all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 3B791 of the Govern- ment Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws. Section 7. CIVIL DEFENSE AND DISASTER ORGANIZATION. All officers and employees of this city, together with those volunteer forces en- rolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of laws, including per- sons co~~andeered under the provisions of Section 6 (c) of this ordin- ance, 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 of Arcadia. Section B. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION, The functions and duties of the Arcadia civil defense and disaster organization shall be distributed among such -4- r2v:l PR9 divisions, services and special staff as the city council shall pre- scribe by resolution. The city council 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, the designation of officers and employee~ Insofar as possible, the form of organization, titles and terminology shall conform to the reco~~endations of the Federal government and the Ci vil Defense agency of the State of Cal ifo rnia. Section 9. PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed J500.00, or by imprisonment for not to exceed six months, or both, for any person during a disaster: A. Wilfully 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 ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. B. To do any act forbidden by any lawful rules or regulations issued pursuant to this ordinance, 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. Section 10. REPEAL OF CONFLICTING ORDINANCES. Ordinance No. 710 of the City of Arcadia, adopted June 2, 1948, is hereby repealed; pro- vided, that it is the intent of the city council in enacting this ordin- ance that it shall be considered a revision and continuation of the ordinance repealed by this ordinance, and the status of volunteers shall not be affected by such repeal; nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations or resolutions - 5 - "< {/,A-C'/ ~2 7' adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. Section 11. EFFECTIVE DATE. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately. The following is a statement of the facts showing its urgency: The National Security Resources Board of the Federal government has recently published its plan for the civil defense of the country. The State of California, acting in accordance with the Federal plan, has enacted and made immediately effective the "Civil Defense Act of 1950". Both the Congress and the Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contem- plate ilnmediate adoption of such local legislation as is necessary to put into operation a coordinated and effective civil defense and disas- ter program so that each citizen and each community will be ready in the event of a disaster to afford as complete protection as is possible to life and property. In order that the laws of this city relating to civil defense and disaster may be brought into conformity with the Federal and State plans at the earliest possible date, it is necessary that this ordinance take effect i~nediately. Section 12. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held in- valid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation, printed and pub- lished in said City. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a - 6 - Od~ regular meeting of the City Council of the City of Arcadia held on the 16th day of January, 1951, by the affirmative vote of at least three Councilmen, to-wit: A'lliS: Councilmen Kennett, Klomp, Nottingham, 5chmocker and Sulli van NOES: None ABSENT: None f Arcadia SIGNED AND APPROVED this 16th day of January, 1951. Wayor of the Cit ATTEST: eJA.C/ PJzy