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HomeMy WebLinkAboutCC ORD 1972-1335 Civil defense; repeals Ords. 1044 and 1045 (2.48)1335 ORDINANCE NO. 1335 AN ORDINANCE OF THE CITY OF NATIONAL CITY RELATING TO CIVIL DEFENSE AND DISASTERS AND REPEALING ORDINANCE NO. 1044 AND 1145 The City Council of the City of National City does ordain as follows: SECTION 1. 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. 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. Disaster Council Membership. The City of National City 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. Disaster Council Powers and Duties. It shall be the duty of the National City 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. Director and Assistant Director of Emergency Services. A. There is hereby created the office of director of emergency services. The City Manager 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. 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 emergency. (3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this ordinance. (4) girect 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; (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 City Manager, 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 program of this City; and shall have such other powers and duties as may be assigned by the director. SECTION 7. Emergency Organization. Alt 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 taw, including persons impressed into service under the provisions of SEC. 6.A. (6) (c) of this ordinance, be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of National City. SECTION 8. Emergency Plan. The National City Disaster Council shall be responsible for the development of the City of National City 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 plans shall take effect upon adoption by resolution of the City Council. SECTION 9. 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 National City. SECTION 10. Punishment of Violations. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($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 organiza- tion 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 nat _ as to give or be likely to give assist ce to the enemy or to imperil the li es or property of inhabitants of this City, 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 Co Ordinances. Ordinances No. 1044 are hereby repealed; provided, ti that it is the intent of the City Council in enacting this ordinance that it shall be considered a revision and continuation o the ordinances repealed by this ordinance, 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 ordinances 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 circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. PASSED AND ADOPTED this 14th day of November, 1972. Luther G. Reid VICE MAYOR ATTEST: lone Minogue Campbell CITY CLERK Passed and adopted by the Council of the City of National City, California, on November 14, 1972 by the following vote, to -wit: Ayes: Councilmen Camacho, Pinson, Waters, Reid. Nays: Councilmen None Absent: Councilmen Morgan. Abstain: Councilmen None. AUTHENTICATED BY: LUTHER G. REID Vice Mayor of the City of National City, California lone Minogue Campbell City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on October 31, 1972 and on November 14, 1972. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foreg g is a full, true and correct copy of O DINANCE NO. 1335 of the City of Nati I City, passed and adopted by e Co nci said City on No ;d er 14, (Signed) lone Cit Natio NC 5762 11/23/72 'vogue Ca ,'. bell erk of the ity of at City, California I HEREBY CERTIFY that the ame h$s been duly publishes according to law. 'C.C.. City Clerk of ttii; City of ational City, California