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HomeMy WebLinkAboutCC ORD 1949-756 Disaster provisions (Repealed by 1044)756 ORDINANCE NO. 756 AN ORDINANCE OF THE CITY OF (NATIONAL CITY RELATING TO DISASTERS. WHEREAS, experience during war and peace has demonstrated the need for adequate disaster plans and for mobilization of the resources of the community to cope with such disas- ters; and WHEREAS, the State of California has created a State Disaster Council to prepare a state disaster plan and to recommend mutual aid regions; and WHEREAS, municipalities have le- gal authority (Constitution, Article XI, Section II, and Military and Vet- erans Code Section 1571, as amended by Statutes of 1945, Chapter 1024) to create disaster councils for the pur- pose of formulating local disaster plans including mutual aid agree- ments; NOW, THEREFORE, The City Council of the City of National City does ordain as follows: Section 1. DISASTER. As used in this ordinance, the term "disaster" shall include, but is not limited to, any extraordinary fire, flood, riot, storm, epidemic or earthquake, or any enemy attack or sabotage, which causes or threatens to cause loss of life or property and in which occur- rences the responsibility devolves upon the regular constituted authori- ties for the maintenance of public peace and order and the preservation of life and property. It shall not in- clude any conditions resulting from a labor controversy. Section 2. DISASTER COUNCIL. MEMBERSHIP. The National City Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be the chairman. B. The Commander, who sha'l be the vice-chairman, shall be the Ad- ministrath e Officer of the City. C. The Vice -commander, appointed by the Mayor with the advice and consent of the City Council, who, in the absence of. or at the di- rection of, the Commander, shall act on his behalf on matters within the purview of this ordin- ance. D. The Chiefs of Divisions as here- inafter provided. E. Such other representatives of civ- ic, business, labor, veterans, pro- fessional or other organizations as may be appointed by the Mayor with the advice and consent of the City Council. Section 3. DISASTER COUNCIL. POWERS AND DUTIES. It shall be the duty of the National City Dis- aster Council, and it is hereby em- powered: A. To develop a plan for meeting any disaster. Such plan shall provide the effective mobilization of all the resources of the community, both public and private. B. To prepare and recommend for consideration by the City Council ordinances necessary to implement the disaster plan. C. To consider and recommend to the City Council for approval mutual aid plans and agreements. The Disaster Council shall meet up- on call of the chairman. Section 4. COMMANDER. POWERS AND DUTIES. There is hereby creat- ed the office of Commander. Such officer shall be the City Administra- tive Officer. The Commander is hereby empow- ered: A. To proclaim the existence or threatened existence of a disaster and the termination thereof. B. To request the Governor to pro- claim a state of extreme emer- gency in the area in and around the City of National City when in the opinion of the Commander the resources of the community are inadequate to cope with the disaster. C. To govern and direct the effort of the National City Disaster Corps in the accomplishment of the purposes of this ordinance. D. To direct coordination and cooper- ation between the chiefs of divis- ions and resolve questions of au- thority and responsibility that may arise between them. E. To represent the Disaster Corps in all dealings with public or pri- vate agencies pertaining to disas- ter preparedness. It shall also be the duty of the Commander, and he is hereby empow- ered, during a disaster or when a disaster is imminent: A. To make and issue rules and reg- ulations on matters reasonably related to the protection of life and property as affected by such disaster. B. To obtain vital supplies, equipment and such other properties found lacking and needed for the pro- tection of the life and property of the people, and bind the City for the fair value thereof, and, if required immediately, to com- mandeer the same for public use. C. To require emergency services of any city officer or employee. D. To requisition necessary personnel or material of any city depart- ment or agency. E. To execute all of his ordinary pow- ers as Administrative Officer, all of the special powers conferred upon him by this ordinance, and all powers conferred upon him by any other lawful authority. Section 5. EXECUTIVE OFFICER. There is hereby created the position of Executive Officer of the Disaster Corps. The Executive Officer shall be appointed by the Mayor with the advice and consent of the City Coun- cil and shall be Chief of the Division of Personnel and Recruitment. Section 6. DISASTER CORPS. GENERAL. 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 operation of law be charged with duties inci- dent to the protection of life and property in the City of National City during such disaster, shall constitute the National City Disaster Corps. Section 7. DIVISIONS OF DISAS- TER CORPS. The functions and du- ties of the National City Disaster Corps shall be distributed among the following divisions of such corps, each division to be under the direction of a Chief and, in his absence, the first deputy and second deputy chief, re- spectively, appointed by the Chief, and said division to consist of the following forces, organizations and services, and such other forces, or- ganizations or services as may be included pursuant to the provisions of this ordinance. The chiefs of di- visions shall organize and train vol- unteers assigned to such division by the Personnel and Recruitment Di- vision and shall formulate the divis- ion plan which, when approved by the Disaster Council, shall become a part of the disaster plan. The Chiefs of Divisions shall include in the di- vision plans recommended mutual aid agreements. The Chiefs of Divisions shall be custodians of special equip- ment and other property which may be obtained from any source and as- signed to such division by the Com- mander. A. LAW AND ORDER DIVISION. This division shall be under and subject to the control of the Chief of Police, who shall be the chief 756 of the Law and Order Division. The division shall consist of po- lice personnel and auxiliary po- lice (volunteers). B. FIRE DIVISION. This division shall be under and subject to the control of the chief of the fire department, who shall be Chief of the Fire Division. The division shall consist of fire department personnel and auxiliary fire fight- ers (volunteers). C. MEDICAL DIVISION. This divis- ion shall be under and subject to the control of the city health officer, who shall be Chief of the Medical Division. The division shall consist of health depart- ment personnel and medical ser- vice volunteers. D. PUBLIC WORKS DIVISION. This division shall be under and sub- ject to the control of the director of public works (City engineer) who shall be Chief of the Public Works Division. The Division shall consist of the department of public works personnel and aux- iliary personnel (volunteers). E. UTILITIES DIVISION. The chief of this division shall be a citizen experienced and engaged hi Pub- lic Utilities business, appointed by the Mayor with the advice and consent of the City Council. This division shall consist of auxili- ary personnel (volunteers). F. TRANSPORTATION DIVISION. The chief of this division shall be a public official having transpor- tation facilities, or a citizen, ex- perienced and engaged in such industry, appointed by the Mayor with the advice and consent of the City Council. The division shall consist of auxiliary person- nel (volunteers). G. COMMUiNICATIONS DIVISION. The chief of this division shall be a public official (police or fire) having communications facilities or a citizen, experienced and en- gaged in such industry, appointed by the Mayor with the advice and consent of the City Counci'. The division shall consist of auxiliary personnel (volunteers) and city personnel engaged in communica- tions works. H. PERSONNEL AND RECRUIT- MENT DIVISION. This division shall be under and subject to the control of the Executive Officer. It shall be the duty of this di- vision to recruit all volunteer per- sonnel, to other divisions of the Disaster Corps. The Executive Officer may establish and operate a volunteer office. I. AMERICAN RED CROSS. The American Red Cross in the City of National City will furnish food, clothing, shelter, registration and information service, supple- mentary medical service when re- quested, and rehabilitation to indi- viduals and families affected by a disaster. The American Red Cross will provide funds with which to finance all its relief operations. The Chief of this division will be the chairman of the City of Na- tional City, Chapter of the Ameri- can Red Cross, or a delegated representative thereof. J. OTHERS (AS DETERMINED LO- CALLY). Section S. VOLUNTEERS. All per- sons, other than officers and employ- ees of the city, volunteering services pursuant to the provisions of this or- dinance, shall serve without compen- sation from the city. While engaged in such services, they shall have the same immunities as officers and em- ployees of the city performing similar duties. Section 9. PUNISHMENT OF VIO- LATIONS. 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 de- lay any member of the Disaster Corps in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty im- posed 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 other 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 identifi- cation specified by the Disaster Council. Section 10. EFFECTIVE DATE. 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. A complete and adequate disaster plan must be formulated at once by the Disaster Council. The plan will be based upon plans formulated by the chiefs of divisions and upon mu- tual aid agreements. To protect the lives and property of the citizens of the City of National City, responsibil- ity for the formulation of such plans and agreements should be fixed im- mediately. Section 11. The City Clerk is here- by directed to publish this ordinance once in the National City News, a newspaper of general circulation, printed and published in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City, California, this 1st day of Feb- ruary, 1949, by the following vote, to - wit: AYES: Councilmen Adams, Curry, Matthews, Thatcher, Fritz. NAYS'; Councilmen None. ABSENT: None. GILBERT E. FRITZ, Mayor of the City of National City, California. ATTEST: Frank W. Rogers, City Clerk. I hereby approve the foregoing Or- dinance this 1st day of February, 1949. GILBERT E. FRITZ, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 756 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Council of said City, and approved by the Mayor of said City, on the 1st day of February, 1949. FRANK W. ROGERS, City Clerk of the City of National City, California. (SEAL) News: lt; 2-11; Jno. 1911. AND I HEREBY CERTIFY that the same has been duly published ac- cording to law. City Clerk, City of onal City, California. 2