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HomeMy Public PortalAboutOrdinance 67-230ORDINANCE NO. 67 -230 AN ORDINANCE OF THE CITY OF TEMPLE CITY RELATING TO CIVIL DEFENSE AND DISASTERS The City Council of the City of Temple City does ordain as follows: SECTION 1. Purposes. The declared purposes of this Ordi- nance 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 coordi;nati.on� 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 Temple City. SECTION 2. Definitions. A. Civil Defense. As used in this Ordinance, the term "civil defense" shall mean preparation for and carrying out of all emergency functions, other than func- tions for which military forces are primarily responsible, to prevent, 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. B. Disaster. As used in this Ordinance, the term "dis- aster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. Civil Defense and Disaster Council Membership. The Temple City 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 City Manager 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 program of this City, and shall have such other duties as may be assigned by the director. D. Such deputy directors and chiefs of City emergency services as are provided for in the current civil defense and disaster emergency operations plan of the City and as confirmed by the director. E. Such representatives of civic, business, labor, vete- rans, professional or other organizations having an official group or organization civil defense and dis- aster responsibility as may be appointed by the Mayor with the advice and consent of the City Council. SECTION 4. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the Temple City Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and dis- aster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to imple- ment 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. -1- Ordinance No. 67 -230 SECTION 5. Director of Civil Defense and Disaster. Powers and Duties. There is hereby created the office of director of - civil defense and disaster. The City Manager shall be the direc- tor of civil defense and disaster. 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 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 prac- ticable time; B. To request the Governor to proclaim a state of disas- ter 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 coordination and cooperation between divi- sions, services and staff of the civil defense and disaster organization of this City, and to resolve questions of authority and responsibility that may arise between them; E. To represent the civil defense and disaster organiza- tion of this City in all dealings with public or private agencies pertaining to civil defense and disaster. SECTION 6. In the event of the proclamation of a dis- aster 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 practicable time by the City Council; B. 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 this City is located, to command 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 all 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 his ordinary power as City Manager, all of the special, powers conferred upon him by this Ordinance or by resolution or approved plan adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority, and in.con- formity 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 7. Civil Defense and Disaster Organization. All officers and employees of this City, together with those volun- teer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or opera- tion of law, including persons pressed into service under the -2- Ordinance No. 67 -230 provisions of Section 6 -C of this Ordinance, be charged with duties incident to the protection of life and property in this City dur- ing such disaster, shall constitute the civil defense and disaster organization of the City of Temple City. SECTION 8. Organization, Duties and Functions. The organi- zation's duties and functions of the civil defense and disaster organization (City emergency organization), its relationship with the American National Red Cross, and the order of emergency suc- cession to the position of director of civil defense and disaster of the City shall be as set forth in the current civil defense and disaster emergency operations plan of the City. 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. Punishment of Violations. It shall be a misde- meanor, 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 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 regula- tions 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 10. Severability. If any provision of this Ordi- nance 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 provi- sions of this ordinance are declared to be severable. 1967. ATTEST: PASSED, APPROVED AND ADOPTED this 2nd day of May City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) fi Mayor I, Karl L. Koski, City Clerk of the City of Temple City do hereby certify that the foregoing Ordinance, being Ordinance No. 67 -230, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 18th day of April, 1967, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the City Council held on the 2nd day of May , 1967, by the following vote: AYES: Councilmen- Briggs, Harker, Merritt, Tyrell, Beckley NOES: Councilmen- None ABSENT: Councilmen- None -3 PLA/2 City Clerk 63