HomeMy Public PortalAboutOrdinance 71-336ORDINANCE NO 71 -336
AN ORDINANCE OF THE CITY OF TEMPLE
CITY REPEALING•SECTION 2725 -2733 OF
THE TEMPLE CITY'MUNICIPAL CODE AND
•ADO:PTING.NEW'SECTIONS 2725 -2736 IN
PLACE THEREOF, RELATING TO EMERGENCY
ORGANIZATION.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN
AS FOLLOWS:
SECTION 1. Sections 2725 -2733 of the Temple City Municipal
Code are hereby repealed and in place thereof, the following
Code sections are adopted:
SECTION 2725. Purposes. The declared purposes of
Sections 2725 -2736 are to provide for the preparation and
carrying out of plans for the protection of persons and pro -
perty 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. 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.
SECTION 2726. .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 earth-
quake, or other conditions, including conditions resulting
from war or imminent threat of war, but other than conditions
resulting from a labor controversy, which the control of the
services, personnel, equipment,, and facilities of this City,
requiring the combined forces of other politicial subdivisions
to combat.
SECTION 2727. 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 dis-
aster 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.
1
Ordinance No. 71 -336
E. Such representatives of civic, business, labor, veterans,
professional or other organizations having an official
group or organization civil defense and disaster respon-
sibility as may be appointed by the Mayor with the advice
and consent of the City Council.
SECTION 2728. CIVIL DEFENSE AND DISASTER COUNCIL POWERS
AND DUTIES. It shall be the duty of the Temple 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 2729. „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 2730. POWERS AND DUTIES OF THE DIRECTOR AND
ASSISTANT. DIRECTOR 0 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; otherwise, the same shall lapse.
(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 coordina-
tion of services and staff of the emergency
organization of this City; and resolve questions
of authority and responsibility that may arise
between them.
-2-
1
1
1
Ordinance No. 71 -336
(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 proclama-
tion 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, equip-
ment 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;
(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 conformity with Section
38791 of the Government Code, to exercise
-3-
1
1
1
Ordinance No. 71 -336
complete authority over the City and to
exercise all police power vested in the
City by the Constitution and general laws.
(f) To declare hours of curfew for all
persons and, during said hours of curfew,
all persons shall beat their homes and
shall not be on the streets, alleys or other
public areas of the City, except in cases of
extreme urgency. The curfew shall be declared
in a proclamation of the Mayor, which procla-
mation shall be delivered to the Chief of
Police, who shall then see that said procla-
mation and curfew and warn the public that
any violation of the curfew shall be deemed
a misdemeanor and violators will be arrested.
(g) To temporarily close any and all
streets, alleys, and other public ways in
the City to the public whenever, in the
opinion of the Director, it is necessary in .
order to maintain the peace of said community.
(h) To declare all or any business
establishments to be closed and remain closed
until further order. Any person, after notice,
refusing to close and remain closed shall be
deemed guilty of a misdemeanor. The Mayor
shall issue a proclamation which shall be
delivered to the Chief of Police, who shall
inform said business of said proclamation.
(i) To invoke: any or all of . the
following provisions:
1) Alcoholic Beverages. no persons shall
consume any alcoholic beverages in a
public street or place which is publicly
owned or in any motor vehicle driven or
parked thereon which is within a duly
designated restricted area.
2) Weapons. No unauthorized person shall
carry or possess any rock, bottle, club,
brick or weapon.
3) Restricted Areas. No person shall enter
any area designated by the City Manager
as a restricted area unless in the per-
formance of official duties or the
written permission from the City Manager
or his duly designated representative,
or such person shall prove residence
therein.
-4-
1
1
1
Ordinance No. 71 -336
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 other-
wise 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 pro-
grams of this City and shall have such other powers and duties
as may be assigned by the Director.
SECTION 2731. DISASTER OR 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 agree-
ment or operation of law, including persons impressed into
service under the provisions 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 Temple City.
SECTION 2732. ORGANIZATION, DUTIES AND FUNCTIONS. The
organization's duties and functionsof the civil defense and
disaster organization (City Emergency Organization), its
relationship with the American National Red. Cross, and the
order of emergency succession 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 agencies of the
Federal Government and the State of California.
SECTION 2733. EMERGENCY PLAN. The Temple City Disaster
Council shall be responsible for the development of the City
of Temple 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 cons -
tituting;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.
SECTION 2734. 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. Temple City.
SECTION 2735. PUNISHMENT OF VIOLATIONS. It shall be a
misdemeanor, punishable by a fine of not to exceed five hundred
dollars ($500.00), or by imprisonment for not to exceed six
months, or both, for any person, daring an emergency, to;
-5-
1
1
1
Ordinance No. 71 -336
A. Willfuly obstruct, hinder, or delay any
member of the emergency organization in the enforce-
ment 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 2736. SEVERABILITY. If any provision of this
Ordinance or the application thereof to any person or circum-
stance is held invalid, such invalidity shall not affect
other provisions or applications, and to this end the provi-
sions of this Ordinance are declared to be severable.
SECTION 2. The City Clerk of the City of Temple City
shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same to
be published in the Temple City Times, a newspaper of general
circulation, printed, published and circulated in the City of
Temple City.
APPROVED and ADOPTED this 7thday of September
, 1971.
ATTEST:
-6-
Mayor of the City of
Temple City, California
1
1
1
Ordinance No. 71 -336
STATE OF CALIFORNIA )
COUNTY ' OF LOS ANGELES ) ss :
CITY OF TEMPLE CITY )
I, Chief Deputy , City Clerk of the City of
Temple City, do hereby •certify that the foregoing Ordinance,
being Ordinance No. 71 -336
, was introduced at a
regular meeting of the City Council of the City of Temple
City, held on the 3rd day of August , 1971, 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 said City Council held on the 7th day
of September , 1971, by the following vote:
AYES: Councilmen-Harker, Merritt, Tyrell, Gilbertson
NOES: Councilman -None
ABSENT: Councilman - Briggs
C ty C er o)te City o
Temple City, /California