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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.
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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
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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
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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
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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
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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
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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:
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