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HomeMy Public PortalAboutOrdinance 337ORDINANCE NO. 337 AN ORDINANCE OF THE CITY OF BEAUMONT CREATING A LOCAL DEFENSE COUNCIL AND PRESCRIBING ITS DUTIES AND RESPONSIBILITIES AND REPEALING ORDINANCES 209, 210, 213, 21$, 22$ AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCI L:OFTHE CITY 0 F BEAUMONT DOE`S ORDAIN AS FOLLOWS: SECTION 1: PURPOSE: The declared purposes of this ordinance are to provide for the preparation and carrying out the plans for the civil defense of persons and property within this City in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expendi- tures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed con- clusively to be for the direct protection and benefit of the inhabitants and property of the City of Beaumont. SECTION 2.: DEFINITIONS: A. CIVIL DEFENSE. As used in this Ordinance, the term "Civil Defense" shall mean the preparation for and the crrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster. 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 "Disaster" shall mean actual or threatened enemy attack, sabotage, extra -ordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3: CIVIL DEFENSE ANI) DISASTER COUNCIL MEMF3ERSHIP. The Beaumont Civil Defense and Disaster Council is hereby created and shall consist of the followi ng : A. The Mayor, who shall be Chairman* B. The Director of Civil Defense, who shall be Vice -Chairman, and who shall be appointed by the Mayor with the advice and consent of the City Council, who under the supervision of the Mayor, 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 Mayor. C. Such Deputy Directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this Ordinance. D. Such representatives of civic, business, labor, veterans, professional 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. SECTION 4: CIVIL DEFENSE AND DISASTER COUNCIL POWERS AND DUTIES: It shall be the duty of the Beaumont Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and disaster mutual aid plans and agreements 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 Chairman or in his absence from the City or inability to call such meeting, upon the call of the Vice Chairman. SECTION 5: CHAIRMAN OF CIVIL DEFENSE AND DISASTER COUNCIL POWERS AND DUTIES. The Mayor shall be the Chairman of Civil Defense and Disaster Council, and is hereby empowered: A. To request the City Council to proclaim the existence or threatened existence of a disaster 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 of the City Council at the earliest practicable time; B. To request the Governor to proclaim a state of emergency when in the opinion of the Mayor 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; PAGE 2 D. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organizations of this city, and to resolve questions of authority and responsibility that may D. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organizations of this city, and to resolve questions of authority and responsibility that may arise between them; E. To represent the civil defense and disaster organization 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 disaster as herein provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the Mayor 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 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 extreme emergency by the Governor in the region in which this City is located to command the aid of as many citizens of this conuuunity as he thinks necessary in the exeecution of his duties; such person shall be entitled to all privileges, benefits and immunities as are provided by state law for registered civil defense and disaster worker volunteers; D. To requisition necessary personnel or material of any City department or agency; E. To execute all of his ordinary powers as Mayor, all of the special powers conferred upon him by this Ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, PAGE 3 agreement approved by the City Council, or by any other lawful authority, and in conformity 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: The Mayor of the City of Beaumont may at any time delegate and designate any one or more of his duties, powers or responsibilities as set forth in this Ordinance to the Director of Civil Defense, or to such other official or other person who he may believe to be qualified under the circumstances to handle the same. SECTION 8: If at any time the Mayor of the City of Beaumont is absent from the City of Beaumont, or for any other reason is unable to assume his duties and responsibilities as set forth in this Ordinance, then and in that event, the Acting Mayor of the City of Beaumont shall assume such powers, duties or responsibilities. SECTION 9: CIVIL DEFENSE AND DISASTER ORGANIZATION. All officers and employees of this 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 laws, including persons commandeered under the provisions of Section 6 (c) of this Ordinance, be charged with duties incident to the protection of life and property in this City during such disaster, shall constitute the civil defense and disaster organization of the City of Beaumont. SECTION 10. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and duties of the Beaumont civil defense and disaster organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution. The City Council shall concurrently with the adoption of this Ordinance adopt a resolution setting forth the form of organization, establishment and designation 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 Federal Government and the Civil Defense Agency of the State of California. PAGE 4 SECTION 1L1L : PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable by a fine not to exceed 4500.00 or by imprisonment for not to exceed six months, or both, for any person during a disaster: A. Willfully 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 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 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 12: REPEALING. This Ordinance repeals Ordinances 209, 210, 213, 218, 228 and all Ordinances or parts of Ordinance of the City of Beaumont in conflict herewith. SECTION 13; SEVERABILITY. If any provision of this Ordinance 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 provisions or application, and to this end the provisions of this ordinance are delcared to be severable. SECTION 14: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once within fifteen days from the date of its passage, in the Beaumont Gazette, a newspaper of general circulation, printed, published and circulated in the City of Beaumont, and thirty (30) days after its adoption, this ordinance shall be in full force and effect. Page 5. PASSED AND ADOPTED this 27th. day of November, 1961. ATTEST: City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) I, Bernice Conine, City Clerk of the City of Beaumont, California, hereby certify that the foregoing Ordinance No. 337 was introduced and read at a regular meeting of the City Council of said City duly held on the 13th. day of November, 1961, and was duly passed and adopted at a regular meeting held on the 27th. day of November, 1961 by the following vote: AYES: Councilmen Houston, Moore, McClellan and Allen. NOES: Councilmen None. ABSENT: Councilman Leeb. WITNESS my hand and official seal of the City of Beaumont this 28th. day of November, 1961. (Seal) Page 6 City Clerk of the City of Beaumont. It is the intent of Section 1 of the proposed ordinance to delete from the pro- visions on "Purpose", the following language: "2 (e) To adopt a sales and use tax ordinance which can be administered in a manner that will exclude the receipts of particular sales from the measure of the sales tax imposed by this City which have been included in the measure of the sales tax imposed by any other city and county, county other than the county in which this city is located, or city in this State, and avoid imposing a use tax on the storage, use or other consumption of tangible personal property in this City when the gross receipts from the sale of, or the use of, that property has been subject to a sales or use tax by any other city and county, county other than the county in which this city is located, or city in this State, pursuant to a sales and use tax ordinance enacted under the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code." You should insert the appropriate section and paragraph number of your code and the name of your code. Section 2 of the proposed ordinance amends the language found in the paragraph following the paragraph providing for the imposition of the tax on retailers at a stated percentage of gross receipts. Again you should insert the appropriate section and paragraph number of your code. Section 3 of the proposed ordinance repeals the following language: "4 (b) (4) (ii) Receipts from the sale of tangible personal property upon which a sales or use tax has become due by reason of the same transaction to any other city and county, county other than the county in which this city is located, or city in this State under a sales or use tax ordinance enacted by that city and county, county other than the county in which this city is located, or city in this State in accordance with Part 1.5 of Di- vision 2 of the said Revvrlue and Taxation Code." Again you should insert the appropriate section and paragraph number of your code. Section 4 of the proposed ordinance renumbers the following language: "1. (b) (4) (iii) Receipts from sales to operators of common carrier and waterborne vessels of property to be .used or consumed in the operation of such common carriers or waterborne vessels principally outside of this City." This language is to be renumbered to the number of the paragraph repealed by Sec- tion 3 of the proposed ordinance. Section 5 of the proposed ordinance amends the language shown therein by adding the additional language following "as adopted" at the end of the present section. You should fill in the appropriate section number and paragraph of your code. important. There is another paragraph of your sales and use tax provisions which is very similar. The language of Section 5 of the proposed ordinance should be proofread against your present code section to be sure that you have the correct number. Section 6 of the proposed ordinance amends the language presently reading as follows: "5 (b) (3) (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of or the cost of which has been subject to sales or use tax under a sales or use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the said Revenue and Taxation -3-