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HomeMy Public PortalAboutOrd. 0559 ORDINANCE PdO. S5g AN ORDIRTAD?CE~ OF THE CITY OF LS_'NtJ00D, CALIFORI~IIA, RELATING TO CIVIL DEFENSE AND DISASTERS. The City Council of the City of Lynt~rood, Cal ifo-rnia, does ordain as follot~rs: SECTIOTd 1. PURPOSE. The declared purposes of this Ordinance are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this City in the event of a. disaster and to provide for the co-ordination of the civil de- s fense and disaster functions of this City with all other public agencies and affected private persons, corporations a.nd organiza- tions. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, aha.ll be deemed conclusively to be for the direct protection and. benefit of the inhabitants and property of the City of Lynwood, California. SECTION 2. DEFINITIONS. A. Civil Defense. As used in this Ordinance, the term "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than func- tions for orhich military forces are primarily responsible, to pre- vent, minimize, a.nd repair injury and damgge resulting from disas- ters. 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, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar pub- lic calamity. SECTION 3. CIVIL UEFENSE AND DISASTER COUNCIL. MEMBERSHIP. The City of Lynwood. 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 Mayor t~rith the advice and consent of the City Council, - 1 - 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 operating civil defense and disaster departments, ser- vices or division as are provided for by re- solution pursuant to this ordinance. E. 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 a.nd consent of the City Council, SECTION 4~. CIVIL DEFENSE AND DISASTER COUNCIL. POVdERS AND DUTIES. It shall be the duty of the City of Lynwood Civil Defense and Disaster Council, and it is hereby empowered, to review and re- commend for adoption by the City Council, civil defense and disaster and mutual aid plans a.nd agreements and such ordinances and resolu- tions 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. DIRECTOR OF CIVIL DEFENSE AYdD DISASTER. POWERS AND DUTIES. There is hereby created the office of Director of Civil De- fence and Disaster. Such officer shall be appointed by the P•4ayor with the advice and consent of the City Council. The Director is hereby empowered: A, To request the City Council to proclaim the exist- ence or threatened existence of a disaster and the termination thereof, if the City Council is in session, - 2 - or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time; B. To request the Governor to proclaim a state of ex- treme 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 de- fense and disaster organization of this City for the accomplishment of the purposes of this Ordinance; D. To direct co-ordination and co-operation 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 a,nd disaster organiza- tion of 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 Director is hereby empowered: .A. To make and issue rules and regulations on rnatters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be con- firmed 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 pro- tection of the life and property of the people, and. bind the City for the fair value thereof, and if ' required_ immediately, to comrnande`'r" the same for pub- lic use; - 3 - 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 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 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 the special powers conferred upon h9m by this ordinance, or by resolution adopted. pur- suant 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 all police power vested in the City by the Constitution and general laws. SECTION 7. CIVIL DEFEDTSE AND DISASTER ORGANIZATION. A11 Officers and employees of this City, together with those volunteer forces en- rolled to aid them during a disaster, and all groups, organizations and. persons who may by agreement or operation of laves, including persons commandeered under the provisions of Section 6 (C) of this Ordinance, be charged with duties ineid_ent to the protection of life and property in this City during such disaster, shall consti- tute the Civil Defense and Disaster organization of the City of Lynwood. - ~ - SECTION 8. .DIVISIOIQS, SERVICES ANll STAFF OF THE CIVIL DEFEDiSE AND DISASTER ORCsANIZATION. The functions and duties of the City of Lynwood Civil Defense and Disaster organization shall be distri- buted 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 a.nd designation of divisions and services, the assign- ment 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. SECTION 9. .PUNISHMENT OF VIOLATIONS. It shall be a misdemean- or, pmzishable by a fine of not to exceed X500.00, or by imprison- ment in the City Jail of the City of Lynwood or in the County Jail of Los Angeles County, State of California, for a period of time not to exceed six months, or by both such fine and imprisonment, 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 regu- lationa 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 pre- vent, hinder or delay the defense or protection thereof; C. To wear, carry or display, without authority, any means of identification specified by the Civil De- fense and Disaster agency of the State. -5- SECTION 10. REPEAL OF CONFLICTING ORDINANCE, That the follow- ing Ordinance, to wit: Ordinance No. 504, entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA, RELATING TO DISASTERS: MAKING PROVISIOPI FOR THE ORGADIIZATION AND rr^UNCTIONING OF A DISASTER OR- GAIQIZATION AND COUNCIL: AND REPEALING ORDINANCE N0. .378 AND ALL ORDIPSANCES AND FARTS OF ORDIN- ANCES IN CONFLICT THERE'rlITH." passed. and adopted on the 16th day of August, 199, and all amend- merits of said Ordinance; and all other Ordinances of said City insofar as the same conflict with the provisions of this Ordinance shall be and the same are hereby repealed; provided, however, that It is the intention of the City Council in enacting this Ord- inance that it shall be considered a revision and continuation of the Ordinance repealed by this Ordinance, and the status of vol- unteers shall not be affected by such repeal; nor shall civil de- fense and disaster mutual aid plans and agreements, rules and re- gulations or resolutions ado_oted pursuant to such repealed Ordi- nances be effected by such repeal until amended, modified, or superseded as provided in this Ordinance. .SECTION 11. .EFFECTIVE DATE. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, :Health and safety, and. shall take effect immediately. The following is a statement of the facts showing its urgency: The National Security Resources Board of the Federal Govern- merit has recently published its plan for the civil defense of the Country. The State of California, acting in accordance with the Federal plan, has enacted and made immediately effective the "Civil Defense Act of 1950°. Both the Congress and the Legislature have - 6 - adopted comprehensive civil defense and disaster laws. Both Fed- eral a.nd State plans contemplate immediate adoption of such local legislation as is necessary to put into operation a coordinated and effective civil defense and disaster program so that each cit- izen and each community. will be ready in the event of a disaster to afford as complete protection as is possible to life and prop- erty. In order that the laws of this City relating to Civil Defense and Disaster may be brought into conformity with the Federal and State plans at the earliest possible date, it is necessary that this Ordinance tape effect immediately. SECTION 12. 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 provision or application, and to this end the provisions of this Ordinance are declared to be severable. _ SECTION 13• The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the Lynwood Press, a weekly newspaper published, printed and circulated in the City of Lynwood, California. First read at a regular meeting of the City Council of said City held on the .6th day of Februarv 1957-, and finally adopted and ordered published at a regular meeting of said Council held on the 20th day of Februarv, 1951, by the following vote: AYES COUNCTLMEN: Bruner Sneddon Stroh Wil~ard NOES COUNCILMEN: None ABSENT COUNCILMEN ATTEST: / CITY CLERK, CI OF LYNWOOD APPROVED AS TO FORM: ITY ATTOP~NEY STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELESo ss> CITY OF LYNWOOD ~ Ig the undersigned, City Clerk of the City of Lynwood, and ex®offioio olerk of the Council of said City, do hereby certify that the above is.a true and correct copy of Ordinanoe Noe adopted by the City Counoil of the City of Lynwood and that same was passed on the date and by the vote therein stated. Dated this 23rd day oP ?9~.