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HomeMy WebLinkAboutCC ORD 1962-1044 Civil defense; repeals Ord. 756 (Repealed by 1335)C'n.DINANCE 1044 AN 0:?.:2INT.i-d'ICE PPOLS., CITY OF NATIONAL CITY '-eET.A.TINSt TO CIVIL DthENSE AND DISASTERS AND REPN7..ilLING ORDINANCE NO. 756 '.:NEWZ.2.,S, experience during war and peace has demonstrated the need for adequate disaster plans and for mobilization of the resources of the commun— ity to cope with such disasters; and U;.-91-11E4S, the State of California has created a State 'Disaster Council to prepare a State Disaster Plan and to recommend mutual aid regions; and WDEtEnS, municipalities have legal authority (Constitution, Article XI, Section 71, and Military and Veterans Code, Section 1571, as amended by Statutues of 1G45, Chapter 1024) to create Disaster Councils for the purpose of formulating local disaster plans, including mutual aid agreesie S; NOW, THEREFCRE, THE CITY COUNCTI, OF THE CITY OF NATIONAL CITY, CAL IFONliiit, DOES ORDAIN AS FOLEUS: SECTION 1. PURPOSES. The declared purposes of this Ordinance are to provide for the preparation and carrying cut of plans for the protection of persons and property within the eity of National City in the event of a dis— aster and to provide for the coordination of the civil defense and disaster functions of the City of National City with all other public agencies and affected private oersons, 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 National City. SECTION 2. DEFINITIONS. A. Civil Defense. As used in this Ordinance, the term "Civil Defense" shall, mean preparation for and carrying out of ill eqergency functions, other than functions for which military forces are primarily responsible, to pre— vent, minimize 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. 9. 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 sirdlar public calamity. SECTION 3. CIVIL DEFENSE An DISASTER COUNCIL ' 3h SKIP. The Civil Defense and Disaster Council of the City of National City is hereby created and shall consist of the foliowing: A. All members of the City Council. ;3. The l ayor, who shall be the Chairman. C. The City manager, who shall be the Director of Civil Defense and Disaster, and the Vice -Chairman. o. The Assistant Director, appointed by the City Manager with the advice and consent of the City Council. E. The Deputy Director, appointed by the City Council, such Deputy Director to be selected from the Civil Service eligibility lint. F. Such Chiefs of Civil Defense and Disaster Departments, Services or Div- isions as are provided for by Resolution adopted by the City Council pursuant to this ordinance who under the supervision of the Director, shall develop civil defense and disaster plans and organize the civil defense and disaster program fer the City of National City, whom shall have such other duties as may be assigned by the Director. G. Such representatives of civic, business, labor, veterans, profess- ional 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. DISASTER SECTION 4. CI�11Z, DEFENSE ANDAND�:;f�,� COUNCIL. Powers and Duties. It shall be the duty of the Civil Defense and Disaster Council of the City of National City, and it is hereby empowered, to review and recommend for adoption by the City Council, Civil Defense and Disaster and Mutual Aid Plans aAgreements 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 Chaif-an or in his absence from the City or inability to call such meeting, upon the call of the Vice -Chairmen. ,,,, C� / O/� CIVIL i mast= SECTION 5. DIRECTOR OF 1/2Y s1 DEi'�iyNi✓i.+ _+.1\sJ 1�dv in7i�:'\• Powers and Duties. There is hereby created the office of Director of Civil Defense and Disaster. The Director is hereby empowered: A. To request the City Council to proclaim the existence or threatened exiss`.ence of a disaster or emergency and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time; S. To request the Mayor to request the Governor of the State of California 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 the City of National City for the accomplishment of the pur- pose of this Ordinance; D. To direct coordination and cooperation between divisions, services and staff of the Civil Defense and Disaster Organization of the City of National City, and to resolve questions of authority and responsibility that may arise between them; E. To represent the Civil Defense and Disaster Organization of the City of National City in all dealings with public and private agencies pertaining to civil defense and disaster. SECTION 6. 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 reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practical time by the City Council; To obtain vital supplies, equipment and such other properties found lacking and 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 the City of National City is located, to command the aid of as many citizens in 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 reouisition necessary personnel or material of any City Department or Agency; E. To execute all of his ordinary powers as City hanager, all of the special powers conferred upon him by this Ordinance or by aesolution adopted pursuant thereto, all powers conferred upon him by anyStatute, Agreement approved by the City Council, or by any, other lawful authority, and in conformity with Section 38791 of the California Government Code, to exercise complete authority over the City of National City and to exercise all yolice powers vested in the City by the Constitution and eneral Laws. SECTION 7. CIVIL DEFENSE AND DISASTlIe crtGANIaTIoN. 11 officers and employees of the City of National City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or oeration of law, including persons pressed into service under the provision of Section 6-C of this Ordinance, be charged with duties incident to the protection of life and property in the City of National City during such disaster, shall constitute the Civil Defense and Disaster Organization of the City of National City. SrCTION R. DIVISICES, SERVICES, .1..-1E) S=F CFfha IVIL DETMSEedC) DIssTat OaGi3dZATIC,N. 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 Itesolution. The City Council shall, after the adoption of this Ordinance, adopt a Resolution setting forth the form of organization, establishment and desi- gnation 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 9. PLNISH.1,="2 CF VIOLATIONS, It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment 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; 3. 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 the City of National City, or to prevent, hinder or delay the defense or protection thereof; C. To wear, carry or display, without authority, any means of identi- fication specified by the Civil Defense and Disaster Agency of the State of California. SECTION 10. REPEAL OF CONFLICTING ORDINANCES. Ordinance No. 756 of the Ordinances of the City of National City is hereby repealed. It is the intent of the City Council in enacting this Ord- inance that it shall be considered as a continuation of the intent and pur- pose of the Ordinance repealed by this Ordinance and all Civil Defense and Disaster N:utual Aid Plans and Agreements, Rules and Regulations or Resolutions adopted pursuant to such repealed ordinance shall remain in effect until amended, modified, or superseded as provided in this Ordinance. SECTION 11. 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 upon its adoption. by the City Council. The following is a statement of the facts showing its urgency: both the Congress of the United States and the California State Legis- lature have adopted comprehensive Civil Defense and Disaster Laws, Both Federal and State plans comte-mplate 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 the City of National 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 12, SZTaIRCILITY. if any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other nrovisions 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. PASSED AND ADOPTED by the City Council of the City of National City, 1<A7 this day of L„.„, 1962, by the following vote to -,wit: „_AYES: NAYS: ASSENT: ATTEST; Allen, Colburn, Hart, Morgan, Gautereaux None None f ' E. GA.UTEREW6X; .Iayor of the City o National City IRI1WE M. ALSTON, City Clerk I hereby approve the foregoing Ordinance this 7 — day of — 1962. a 941Alti E. GAUTERELUX If 'or of the City of Nh lanai City I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1044 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the 4th day of September , 1962. IRENE H. ALSTON, City Clerk of the City of National City