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to such repealed ordinance, and the status of volunteers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such repealed ordinance be affected by such repeal until
amended, modified, or superseded as provided in this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
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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
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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.
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