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Home My Public Portal AboutOrdinance 411ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF BEAUMONT CREATING A CIVIL ,DEFENSE CORPS, DISASTER COUNCIL, OFFICE OF CIVIL DEFENSE DIRECTOR AND' BROVIDING POR THE ADMINISTRATION, POWERS AND DUTIES THEREOF GENERALLY PROVIDING FOR THE ADMINISTRATION OF CIVIL DEFENSE IN THE CITY OF BEAUMONT WITH OTHER CITIES AND POLITICAL JURISDICTIONS ADJACENT TO SAID CITY; AND REPEALING ORDINANCE #337 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. The City Council of the City of Beaumont, County of Riverside, State of California, does ordain as follows: Article I. General Purposes Section 1.1 It is hereby found and declared that it is necessary to standardize the direction and control of the disaster purposes, the duties, responsibilities and activities of all persons, organizations and departments of City government, and officers and employees of the City performing services or rendering aid in the event of an emergency arising out of a disaster; to enable the City more effectively to cooperate with other cities, political subdivisions and other public agencies of the State of California in preparing to cope with and guard against conditions which may result in extreme peril to life and property and the resources of the City, as the needs of the citizens of the City of Beaumont may demand in the event of a disaster; to assist, coordinate and cooperate with the civil defense and disaster organizations and authorities of the State of California and the Federal Government in successful conduct of civil defense; to declare and define the duties and responsibilities of various departments, boards, commissions and officers of the City of Beaumont when functioning aa part of the civildefense and disaster forces of the City of Beaumont, and to provide the means whereby citizens may cooperate with and assist in preparing for and coping with an emergency arising out of a disaster, to the end that maximum protection of life and property may be afforded to the residents of the City of Beaumont. Article II. Definitions Section 2.1 Civil Defense. As used in this ordinance, the term "civil defense" shall mean the preparation for the carrying out of all emergency functions, -°other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury to persons and property resulting from disasters. ' It shall not include, nor does any provisions of this ordinance apply to, any condition relat- ing to a labor controversy. Section 2.2 Disaster. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or any similar public calamity. Section 2.3 Other Definitions. Other terms used herein shall have the meaning as used in 'the California Disaster Act. Article III. Civil Defense Corps Section 3.1 Creation. There is hereby created a "Civil Defense Corps" which shall condist of all officers and employees of the City of Beaumont, and its agencies, together mtch all volunteers and persons commandeered under the provisions of the California Disaster Act and this ordianee, with all equipme t rt l d- ems- in an.y 'way under 'the ' Congo e a oremen ionea personnel, for the support of the aforementioned personnel in the co 4"e 43.2W.921.11 . isa ter operations. Activation,. The City of Beaumont Civil Defense Corps shall become activated,andr:function as a' disaster relief body, only: w _ Uponthe existence of a "State of. Extreme .ergency" conditions of local peril, or local disaster.. (b) Upon the declaration by the Governor of the State of California, or Persons s.uthorized to act in his; stead, of 'a "State of Disaster" affect- ing Riverside'County. (c) Upon the declaration of a condition of local peril, local emergency or local disaster by the Commander of the Riverside County Civil Defense Corps affecting the City of Beaumont, or (d) Upon the declaration of a condition of local'. peril, local emergency, or local disaster by the Mayor of the City of Beaumont, in the absence of the Mayor, the responsibility to declare said conditions 'shall be as follows: (1) Mayor Pro -Tens, (2) Remaining, members of the City Council in the order of their seniority as member of said Council (3) City Manager Section 3.3 Composition. Responsibility and Authority. The Civil Defense Corps shall be composed ofsuch divisions, services and other elements as provided for in the ,Civil Defense Operations Plan of the City of Beaumont. The Chief of each Service shall have the duty and authority to plan for the mobilization, operation and support of that segment of the Civil Defense Corps for which each is responsible as provided for in the Civil Defense Operations Plan of';the `City of Beaumont and to conduct the activities thereof. Article IV. Disaster Council. Section 4.1 Creation and Membership. The City of Beaumont Disaster Council is hereby created. It shall consist of the following persons: (a) Mayor of the City of Beaumont, who shall be (b) City Manager, Civil Defense Director, (c) City Engineer, (d) Chief of Police, (e) City Attorney (f) City Fire Chief, (g) City Public Works Superintendent. (h) A medical doctor to be nominated'. by the Riverside County Medical -Association and appointed by the City Council, (i) One member' to be xim nominated by the Beaumont Branch of the Riverside County Chapter of the American. National Red Cross and appointed by the City Council, (j) Such additional residents, of the. City of Beaumont as the City Council may appoint to be "members at large", (k) The Assistant Civil Defense Director shall be the secretary but without vote. its chairman, Section 4.2 Powers and Duties. The Disaster Council shall have the power to: (a) Elect vice-chairman and such other officers as it shall deem necessary. (b) Enact its own rules of procedure. (c) Review and recommend for adoption to the City Council.c-ivil defense and disaster, mutual aid plans and <:agreements 'and such ordinances, resolutions,. rules and. regulations as it shall deem necessary to implement such plans and agreements.` Section 4.3 Meetzns.. The Disaster Council shall meet upon cal`; absence s; na i it to cal, h meetings, upon'the call o chairman, but not less frequently than once a year. the Chairman, Article V. CommanderEof the City of Beaumont Civil Defense Cs "r Sect4orr..5„14. Wt o ghk11 Be Commander. The City.A:Manager ,s ,J.). he Coittmand' City 'of' Bea.utnont'De'fense Corps. Wherever' the" terms -."Commander" and/or "Civil Defense Direetor" for the City of Beaumont are used herein, they are synonymous. Section 5.2 Succession to Commander. In the absence or inability of the City Manager of the City of Beaumont to act as the Commander of the City of Beaumont, Civil Defense Corps, he shall automatically be succeeded by the following officials in the order listed: (a) Mayor of the City of Beaumont (b) Mayor Pro -Tem (c) Remaining members of the City Council in the f their seniority as members of said Council (d) City Engineer (e) Chief of Police (f) Public Works Superintendent order o Section 5.3 Powers and Duties. The Commander of the City of Beaumont Civil Defense Corps shall have the following powers and duties: (a) To appoint Service Chiefs and other key personnel, subject to approval of the City Council. (b) To proclaim the existence and termination of a condition of local peril, local emergency or local disaster insofar as it affects the City of Beaumont or any portion thereof. During the existence of a proclaimed disaster or existence of "State of Extreme Emergency" to; (1) Control and direct the activities of the City of Beaumont Civil Defense Corps. (2) Utilize all City resources for the preservation of life and property and reduce the effects of disaster. (3) Direct coordination and cooperation between divisions, services and staffof the City of Beaumont Civil Defense Corps, and to resolve questions of authority and responsibility that may arise between them. (4) 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 fz,r value thereof; and, if needed, immediately to commander the same for public use, except that in a proclaimed natural disaster no services or expenditures which the American National Red Cross is responsible for furnishing under its Congressional Charter shall be procured from public funds by any official of the City of Beaumont. (5) To delegate to the elected and appointed officials, such duties, responsibilities and authorities as he deems necessary or desirable. (6) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the conditions of any disaster proclaimed as provided herein, (7) To require emergency services of any City officer or employee and to command the aid of as many citizens: of the City of Beaumont as he thinks necessary in the executlon of his duties, (such persons shall be entitled to all privileges, benefits and'immpnities as are provided by State law for registered civil defense` worker volunteers). (8) To excercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws. (9) In addition to the powers granted herein, the°Commander of the City Civil Defense Corpaashall -have such powers incidental, to the perfor- mance of his duties as Commander of the City of leaumont :Civil Defense Corps as shall be necessary to allow him to: carry out the Civil Defense Operations Plan of the City of Beaumont, it being the intent that the enumerated powers herein are not intended to be limitations Article VI, Office of Civil Defense Section 6.1 Creation. There is hereby created the City of Beaumont'Office of Civil Defense which shall consist of such positions as may be established by the City Council. (e) Article VII, Civil Defense Director Section 7.1 Creation. There is hereby established the position of Civil Defense Diret.tor who shall be the City Manager. Section 7.2 Powers and Duties Prior to Disaster. The Civil Defense Director shall, prier* to dis'astex: ",Develop and coordinate the civil defense planning for the City of Beaumont 'to provide for the utilization of all City departments, their resources and equipment; all commercial and industrial resources; all special groups, bodies, and organizations as may, be necessary for the support of civil • defense operations; (b) Develop arta,coordinate such civil defense training programs:. and exercises as may be necessary.` for operational requirements; (c) Develop and coordinate programs designed to inform the public of measures. for self-protection and civil defense activities; (d) Effect liaison and coordination with county, state, federal and other. county and city civil defense agencies, and with appropriate elements of the Armed Forces; (e) Recommend to the City of Beaumont Disaster Council., for consideration, all matters within the; purview of the Council's responsibilities; (f) Recommend to the City Council for consideration matters of policy decision insofar as they relate to civil defense; (g) Assign duties and responsibilities to personnel of the Office of Civil Defense. Section 7.3 Powers and Duties in Disaster. During periods of a proclaimed disaster, or existence of a "Stateof Extreme Emergency" as provided herein, the CivilDefenseDirector/Commander shall: (a) Provide for the mobilization and deployment of all personnel and material resources. (b) Delegate authority and assign duties and responsibilities as may be required. Article VIII, Powers on Succession Section 8.1 Each person who' shall succeed to each position or office as provided herein shall succeed to all of the powers of the office succeeded to immediately upon such succession. Article IX, Orders of Members Section 9.1 During the existence of a proclaimed disaster or the existence of a "State of Extreme Emergency" each member of the City Civil Defense Corps shall have authority to require that all persons shall follow reasonable 'orders `given by him within the scope of his functions, in order, to effee-t the ''execution of the Civil Defense Operations Plan of the City of Beaumont, and the willful failure of any person to follow such reasonable order or orders shall be a misdemeanor. Article X, Continuity'of Government Section 10.1 Key,Personnel - Officials. (a) Mayor. The lne:of succession shall be the`<viceyor followed in turn by the remaining members of the City.Council in the order of their seniority as members of said Council, excluding standby successors. Members•City Council. 'Pursuant to Section -1550.05 of the Military and Veterans' , the City Council shall appoint three standby successors for eae me g ,of said Council. icers.Li',= f succession-q,}norder of;-s,A cen•ing au "or�.ty among existing: a ubordinates,,.and thereafter as provided by the City Council;* (b) Section 10.2 Alternate City Headquarters. The Beaumont Fire Department Buil ing 628 Maple Avenue, is. hereby designated as the alternate headquarters of t uovernnnent for use in the event of war or enemy-eatsed disaster or immin whereupon.al'l business' of the Citi transacted tereof shall be'.lega if transacted -at the City Hall,4,4 Section 10.3, Operating Headquarters, The Civil Defense Director shall: cooperation'with the other City departments and such other agencies as may he involved, provide for the _selection, installation and gtnergency manning of at least two, emergency operating centers. One of these shall be located at the City Hall, to' be designated the principal headquarters. The other to be designated the alternate emergency operations center shall be located at the Alternate City Headquarters. Article XI, Penalties. Section 11.1 It shall be a misdemeanor and shall be punishable by a fine of not more than $500 or by imprisonment for not more than six'months, or troth, for any person during a disaster: (a) -Willfully to obstruct, hinder, or delay any member of the City.,of Beaumont Civil Defense Corps in the enforcement of any lawful rules, regulation or order issued pursuant to this ordinance, or in performance of any duty imposed upon him by virtue of this ordinance. (b) To do any act forbidden by any lawful rule, regulation ororder 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 life or property, or to prevent, hinder, or delay the defense or protection of person or property, (c) To wear, carry, or display, without authority, any means of identification specified by the Civil Defense and Disaster Agencies of the Federal or State Governments. le XII, Repeals Section 12.1 Ordinance 337 and all other ordinances in conflict herewith are hereb}j, repealed. Article XIII, Severability Section 13.1 If any section, sub -section, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect thevalidity, or constitutionality of the remaining portions of this ordinance. Article XIV, Adoption Section 14.1 This ordinance adoption. Passed and adopted by the City Council of the City of Beaumont, California this 26th day of Januar`y,. 1970:` shall take effect upon the 30th day following :its Mayor of the City of'Beaumont, California ATTEST: City Clerk of the City of Beaumont STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF BEAUMONT ) I, Mae B. Goularte, City Clerk of thd;City of Beaumont, Cal;i_forni, tit _. -,:1 -"'- Ordinance was intra and read at a regular .. tyThe1d` o'ti 'the i2th day January;'1970-and tha e same was u y pasaechan4:;adopted at a regular meeting of said City Council held on the 26th day of January,'1970, by the following vote: AYES: Councilman Mason, Kief, Hightower and Haskell. NOES; Nor*. ABSENT: Councilman Rodeman. ABY .CERTIFY City Clerk of -.the City of Baumont, (SEAL) California