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ORDINANCE NO. 291
AN ORDINANCE OF THE CITY OF IRWINDALE
AMENDING SECTIONS 2430 THROUGH 2439
INCLUSIVE OF THE IRWINDALE MUNICIPAL
CODE, RELATING TO EMERGENCY
ORGANIZATIOX.AND FUNCTIONS.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 2430 of the Irwindale Municipal Code
is hereby amended to read as follows:
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 an emergency; the direction of the emergency organization
and the coordination of the emergency functions of this city
with all other public agencies, corporations, organizations and
affected private persons.
SECTION 2. Section 2431 of the Irwindale Municipal Code
is hereby amended to read as follows:
2431. Definition. As used in this ordinance, "emergency"
shall mean the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property
within this city caused by such conditions as air pollution, fire,
flood, storm; epidemic, riot, or earthquake or other conditions,
including conditions resulting from war or imminent threat of war,
but other than conditions resulting from a labor controversy,
which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of this city,
requiring the combined forces of other political subdivisions to
combat.
SECTION 3. Section 2432 of the Irwindale Municipal Code
is hereby amended to read as follows:
2432. Disaster Council Membership. The Irwindale Disaster
Council is hereby created and shall consist of the following:
A. The mayor, who shall be chairman.
B. The director of emergency services, who shall be vice
chairman.
C. The assistant director of emergency services.
D. Such chiefs of emergency services as are provided for in
a current emergency plan of this city, adopted pursuant
to this ordinance.
E. Such representatives of civic, business, labor, veterans,
professional or other organizations having an official
emergency responsibility, as may be appointed by the
director with the advice and consent of the City Council.
SECTION 4. Section 2433 of the Irwindale Municipal Code is
hereby amended to read as follows:
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Ordinance No. 291
2433. Disaster Council Powers and Duties. It shall be
the duty of the Irwindale Disaster Council, and it is hereby
empowered, to develop and recommend for adoption by the city
council, emergency 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
Disaster Council shall meet upon call of the chairman or, in
his absence from the city or inability to call such meeting,
upon call of the vice chairman.
SECTION 5. Section 2434 of the Irwindale Municipal Code
is hereby amended to read as follows:
2434. Director and Assistant Director of Emergency
Services.
A. There is hereby created the office of director of
emergency services. The Mayor shall be the director of emergency
services.
B. There is hereby created the office of assistant director
of emergency services, who shall be appointed by the director.
SECTION 6. Section 2435 of the Irwindale Municipal Code is
hereby amended to read as follows:
2435. Powers and Duties of the Director and Assistant
Director of Emergency Services.
A. The Director is hereby empowered to:
1. Request the City Council to proclaim the existence
or threatened existence of a "local emergency" if the City Council
is in session, or to issue such proclamation if the city council
is not in session. Whenever a local emergency is proclaimed by
the director, the city council shall take action to ratify the
proclamation within 7 days thereafter or the proclamation shall
have no further force or effect.
2. Request the Governor to proclaim a "state of
emergency" when, in the opinion of the director, the locally
available resources are inadequate to cope with the emergency.
3. Control and direct the effort of the emergency
organization of this city for the accomplishment of the purposes
of this ordinance.
4. Direct cooperation between and coordination of
services and staff of the emergency organization of this city,
and resolve questions of authority and responsibility that may
arise between them.
5. Represent this city in all dealings with public or
private agencies on matters pertaining to emergencies as defined
herein.
6. In the event of the proclamation of a "local
emergency" as herein provided, the proclamation of a "state of
emergency" by the Governor or the Director of the State Office of
Emergency Services, or the existence of a "state of war emergency",
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 emergency; provided however, such rules and
regulations must be confirmed at the earliest practicable time
by the City Council;
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Ordinance No. 291
(b) To obtain vital supplies, equipment and such other
properties found lacking and needed for the protection of life
and property and to 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
emergency in the county in which this city is located or the
existence of a "state of war emergency," to command the aid of
as many citizens of this community as he deems 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 disaster service workers;
(d) To requisition necessary personnel or material of any
city department or agency; and
(e) To execute all of his ordinary power as Mayor, all of
the special powers conferred upon him by this ordinance or by
resolution or emergency plan pursuant hereto adopted by the city
council, all powers conferred upon him by any statute, by any
agreement approved by the city council and by any other lawful
authority.
B. The director of emergency services shall,
designate the order of succession to that office, to take effect
in the event the director is unavailable to attend meetings and
otherwise perform his duties during an emergency. Such order of
succession shall be approved by the city council.
C. The assistant director shall, under the
supervision of the director and with the assistance of emergency
service chiefs, develop emergency plans and manage the emergency
programs of this city; and shall have such other powers and duties
as may be assigned by the director.
SECTION 7. Section 2436 of the Irwindale Municipal Code is
hereby amended to read as follows:
2436. Emergency Organization. All officers and
employees of this city, together with those volunteer forces
enrolled to aid them during an emergency and all groups,
organizations, and persons who may by agreement or operation of
law, including persons impressed into service under the provisions
of Section 6.A.(6)(c) of this ordinance, be charged with duties
incident to the protection of life aid property in this city
during such emergency, shall constitute the emergency organization
of the City of Irwindale.
SECTION 8. Section 2437 of the Irwindale Municipal Code is
hereby amended to read as follows:
2437. Emergency Plan. The Irwindale Disaster Council
shall be responsible for the development of the City of Irwindale
Emergency Plan, which plan shall provide for the effective
mobilization of all of the resources of this city, both public and
private, to meet any condition constituting a local emergency,
state of emergency, or state of war emergency; and shall provide
for the organization, powers and duties, services, and staff of the
emergency organization. Such plan shall take effect upon
adoption by resolution of the City Council.
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Ordinance No. 291
SECTION 9. Section 2438 of the Irwindale Municipal Code
is hereby amended to read as follows:
2438.Expenditures. Any expenditures made in connection
with emergency 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 10. Section 2439 of the Irwindale Municipal Code
is hereby amended to read as follows:
r"t 2439. Punishment of Violations. It shall be a
misdemeanor, punishable by a fine of not to exceed five hundred
jdbllars ($500), or by imprisonment for not to exceed six months,
or both, for any person, during an emergency, to:
A. Willfully obstruct, hinder or delay any member
of the emergency 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. Do any act forbidden by any lawful rule or
regulation 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. Wear, carry or display, without authority any
means of identification specified by the emergency agency of the
State.
SECTION 11. Repeal of Conflicting Ordinances. Ordinance
No. 119 is hereby repealed and rescinded. It is the intent of
the City Council in enacting this ordinance that it shall be a
revision and continuation of Ordinance 119, and the status of
volunteers shall not be affected by such repeal; nor shall 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 12. Effective Date. This ordinance shall become
effective thirty (30) days from and after its passage.
SECTION 13. 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, and to this end the provisions
jof this ordinance are declared to be severable.
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SECTION 14, The City Clerk shall certify to the adoption
of this ordinance and shall cause the same to be processed in
the manner prescribed by law.
APPROVED and ADOPTED this 9th day of October, 19
Mayor Richard -Chico
ATTEST/iiri
Mar ret S. Barbosa, City Clerk
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Ordinance No. 291
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City,of
Irwindale, do hereby certify that the foregoing Ordinance,
being Ordinance No. 291, was passed, approved and adopted
at a regular meeting of the City Council held on October 9,
1975 by the following vote of the Council.
AYES: COUNCILMEN: Barbosa, Michael Miranda, Breceda,
Pat Miranda and Mayor Chico.
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Marg t S. Barbosa, City Clerk