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HomeMy WebLinkAbout119ORDINANCE NO. 119 ANORDINANCE OF THE CITYCOUNCIL OF THE CITY OF IR WIND AL E ADO PT ING A CO MPR EH EN - SIV E CIVIL DEFENSE AND DISASTER ORDINANCE AND AME ND ING SECTIONS 2430 TO 2444 O F THE IR WIND ALE MUNICIP AL CO DE. THE CITY COUNCIL OF THE CITY OF IR W IND AL E DOES OR DAIN AS F OL L O WS: S ECTIO N 1. Sections 24 30 th rough and including 2444 of th e Irwindale Municipal Code are hereby deleted in their entirety; "Provided, that it is the intent of the City Council in enacting this ordinance, that the status of volunteers shall not be effected by such repeal; nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance, and the status of volunteers shall not be affected by such repeal; nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. " Section 2430. Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of a disaster, and to provide for the co- ordination of the civil defense and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, 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 Irwindale. Section 2431. Definitions. A. Civil Defense. As used in this ordinance, the t m civil defense" shall mean preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimizd , and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this ordinance apply to any condition 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 calamity. Section 2432. Civil defense and Disaster Council Membership. The Irwindale Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The mayor, who shall be chairman. B. The director of civil defense and disaster, who shall be vice chairman. C. The assistant director, appointed by the Director with the advice and consent of the City Council who, under the supervision of the director, shall develop civil defense and disaster plans and organize the 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 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, professional or other organizations having an official group or organization civil defense and disaster respon- sibility as may be appointed by the mayor with the advice and consent of the City Council. Section 2433. Civil Defense and Disaster Council. Powers and Rules. It shall be the duty of the Irwindale civil defense and disaster council, and it is hereby empowered, to review and recommend for adoption 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 council shall meet upon call of the chairman or in his absence from the city or inability to call such meeting, upon the call of the vice chairman. Section 2434. 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. The director is hereby empowered: A. to request the City Council to proclaim the existence or threatened existence of a disaster or an .emergency and and the termination thereof, if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time; B. To request the Governor to proclaim a state of disaster or 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 purposes of this ordinance; D. To direct cordination and cooperation between divisions, services and staff of the civil defense and disaster organi- zations of this city, and to resolve questions of authority and responsibility that may arise between them. E. to represent the civil defense and disaster organizations of this city in all dealings with public or private agencies pertaining to civil defense and disaster. Section 2435. In the event of the proclamation of a disaster or emergency -as herein provided, or the proclamation of a state of,disaster or a state of extreme emergency by the Governor or the Director of the CAlifornia Disaster Office, the director is hereby empowered: A. to make and issue rules and regulations on matters 35 reasonably related to the protection of life and property as effected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. B. to obtain vital supplies, equipment and such other properties found lacking an needed for the protection of the life and property 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 disaster or a state of extreme emergency by the Governor in the region in which this city ds located, to commend 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 privileges, benefits and immunities as are provided by state law for registered civil defense and disaster service volunteers; D. To requisition necessary personnel or material of any city department or agency; E. To execute all of the special powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority, and in conformity with Section 38791 of the Government 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 2436. Civil Defense and Disaster Organization. All officers and employees of this city, together wit t ose volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2435-C of this ordinance, 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 Irwindale. Section 2437. Divisions, Services, and Staff of the Civil Defense and Disaster Organization. The functions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe 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 employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the Federal Government and the State of California. Section 2438. Punishment of Violations. It shall be.a misdemeanor, punishable by a fine of not to exceed $500. 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 ` 36 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 3. 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; Both the Congress of the United States and the California State Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate adoption of such local legislation as is necessary to put into operation a coordinated and effective civil defense and disaster 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 immediately. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, 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 S. The Mayor shall sign this ordinance and the City Clerk shall attest to same, and the same shall be posted immediately thereafter in three (3) public places within the City Limits of the City of Irwindale, as prescribed by,Resolution. ATTEST: STATE O COUNTY OF LOS ANGELES CITY OF IRWINDALE Adopted this 27th day of November, ss. H City of.Irwindale, I, Lee Young, City Clerk of the City of Irwindale, do hereby certify that, the foregoing Ordinance No. 119, was introduced, duly passed (as an emergency ordinance), approved and adopted at a Regular Adjourned Meeting of the Council held on the 27th,day of November, 1962, by the following vote of the Council: AYES: Councilmen: Breceda, Miranda, Martinez, Sulzer & Diaz. NOES: Councilmen: None. ABSENT: Councilmen: None. Irwindale, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) Lee B. Young, being first duly sworn , deposes and says; That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On November 28, 1962, she securely and conspicuously posted at each of the public places in said City, to -wit: (1) 16034 Calle de Norte; (2) Post Office on Irwindale Avenue; and (3) At or near the door of the Council Chambers, 5050 North Irwindale Avenue, a copy of Ordinance 119 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: November 28, 1962. L B. Young, ICXty -Cler)96f the City of I dale, if. 37