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HomeMy WebLinkAbout41 - Civil Defense and Disastersl� ORDINANCE N0. a AN ORDINANCE OF THE CITY OF COSTA MESA RELATING TO CIVIL DEFWSE AND DISASTERS. The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. PURPOSES. 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 disas- ter, 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, Ana► expenditures made in connect- ion with such civil defense and disaster activities, including mutual aid activities, shall be deemed conclusively to be for the direct protect- ion and benefit of the inhabitants and property of the City of Costa Mesa, 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 functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not Include,, nor does any provision of this ordinance apply to any condition relating to a labor controversy. Be Disasters. As used in this ordinance, the term $disaster" shall mean actur! or threatened enemy attack, sabotage, extraordinary fire, flood, stnrL4 epidemic, riot, earthquake or other similar public calamity, SECTION 3, CIVIL DEFENSE AND DISASTER COUNCIL. MWERSHIP. The Costa Mesa Civil Defense and Disaster Council is hereby created and shall consist of the following: A, The Mayor, who diall be chairman. B. The director of civil defense and disaster, who shall be vice chairman, -1- C. The assistant director, appointed by the Mayor with the advice and consent of the City Council, who, under the supervision of the direct- or, 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 say be assigned by the director. D. 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. E. Such representatives of civic, business, labor, veterans, professional or other organisations having an official group or organizar- tion civil defense and disaster responsibility as may be appointed by the Mayor with the advice and consent of the City Council. SECTION 4. CIVIL 8E!ANSE AND DISASTER COUNCIL. PDMS AND DUTIES. It shall be the duty of the Costa Mesa civil defense and disaster council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and disaster and mutual aid plans and agree- ments 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 most upon call of the chairman or,in his absence from the city or inabE lity to call such meeting, upon the call of the vice chairaan• SECTION 5. DIRACTOR Off'CIVIL D®PENSE AND DISASTER. POWERS AIM DUTIES• There is hereby created the office of director of civil defense and disaster. The City manager shall be the director of civil defense and disaster. The director is hereby empowered: A. To request the City Council to proclaim the existence or threatened existence of a disaster and the tormination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council -20- at the earliest practicable time; B• To request the Governor to proclaim a state of extreme emergency when in the opinion of the director the resonroes 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 organisation of this Oity for the accomplishment of the purposes of this ordinance; D. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this City, and to resolve questions of authority and responsibility that W arise between them; Be 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. SDOTION 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 regulatioas on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations mast 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 the life and property of the people, and bind the City for the fair value thereof, and if required immediately, to comseandeer 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 locatedg to command the aid of as many citizens of this cossunity as he thinks necessary in r.� the execution of iii-cluties; 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; Z. To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by this ordinance or by reso- lution adopted pursuant thereto, all powers conferred upon him by any statate, agreement approved by the City Comail, 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, CIVIL DISE AND DIS,A'i'EB CRUNIZOICN& All officers and employees of this City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organisations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 6 (C) of this ordinance, be charged with duties incident to the protection of life and property in this Oity during such disaster, shall constitute the civil defense and disaster organisation of the City of Costa Mesa. SECTION 8. DIVISIM9 SERVICAS AIM STAFF OF TIDO CIVIL DIMSf AND DISASTER ORGANIZATION* The functions and duties of the Costa Mesa civil defense and disaster organisation shall be distributed among such divisions, services and special staff as the pity Council shall prescribe by resolution. The City Council shall, concurrently with the adoption of this ordiname, adopt a resolution setting forth the fora 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 organisation, titles and terminology shall conform to the recommendations of the Federal government and the Civil Defense agency of the State of California. SNCTION 9. PMSRKM OF ♦IM ATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed $500.00,or by imprisonment for not to exceed six months, or both, for any person during a disaster: A. Wilfully to obstruct, hinder or delay my amber 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; Be To do any act forbidden by any l wfu.1, 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; Co To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the State* SJOTION 109 A3=TI4B DAT«. This ordinance is hereby declared to be an emergency assasure necessary for the immediate preservation of the public peace, health and safety, cad shall take Offset immediately, The following is a statement of the facts showing its urgency: The National Security 8esouroes Board of the aederal Government 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 imaediately effective the NCivil Defense Act of 19508. Both the Congress and the Legislature have adopted comprehensive civil defense and disaster lawns. Both feral and State plass contour plate 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 citizen and each community will be ready in the event of a disaster to afford as complete protection as is possible to life and property, In order that the Iwo of this City relaxing to civil —5*. 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 take effect immediately. SECTION 11. SEVERABILITY. If any provisions 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 of this Ordinance are declared to be severable. S',CTION 12. ADOPTION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall, within fifteen (15) days, post the same in three (3) public places in the City of Costa Mesa, with the names of the members or the City Council voting for and against the same. Passed and adopted this 26th day of April, 1954. Ma tlTe City of Costa Mesa ATTEST: City Clerk of the City f Costa Mesa i 00, S`:ATE 'OV 'CA" 1_ JR- IA.: COU -1 -TTY CF 'i3A "vE . ss ft TY OF COSTA EESA : I, A. C. STiIARTZ, City Clerk of the City of Costa Diesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the _2.6.__ day of APRI ?u , 1954, the foregoing Ordinance, containing 1?. sections, was considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following votei AYES: 5 COITiTCILIM: R'RTTT jy�QNO pTNKT.F.Y 51y,TTTT4 ^rd T e7gt, IE L.E INTOES: 0 COUPTCILM=: None ARSEPTT : 0 COMTCI LKKYT: None I further certify that said Ordinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: City Clerk of the City -of Costa Mesa STAT^ OF CALIFORFIA: - COUFTY OF ORANGE : ss CITY OF COSTA DESA : I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that on the 5th day of ._ fav , 1954, I posted the foregoing true and correct copy of the foregoing Ordinance in the following public places in the City: Justice Court 567 West Eighteenth Street Costa Mesa, California Costa Mesa City Hall 111 East 20th Street Costa Mesa, California Costa Mesa Fire Hall 111 Rochester Street Costa Mesa, California WITNESS my hand and seal this 5th day of May -, 1954• - City Clerk of the City of Costa Mesa