Loading...
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 Sections 2725 -2733 of the Temple City Municipal Code are hereby repealed and in place thereof, the following Code sections are adopted: SECTION 2725.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