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HomeMy WebLinkAboutOrd 1972-1408 , , ORDINANCE NO. 1408 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ARTICLE 2 OF CHAPTER 15 OF THE CHULA VZSTA CITY CODE RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS The City Council of the City of Chula Vista does ordain as follows: SECTION I : That Sections 15. 201 through 15. 209 of Article 2 of Chapter 15 of the Chula Vista City Code are hereby amended to be, and to read as follows : ARTICLE 2 . EMERGENCY ORGANIZATIONS AND FUNCTIONS. Sec. 15. 201. Purpose and Intent. The declared purposes of this article are to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency func- tions of this City with all other public agencies , cor- porations, organizations , and affected private persons. Sec. 15. 202 , Definitions . For the purposes of this article, the following word shall have the meaning ascribed to it by this section : "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 earthquake , or other conditions , including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services , personnel, equipment, and facilities of this City, requiring the combined forces of other political ,subdivisions to combat. Sec. 15. 203 . Disaster Council. A. Created. The Disaster Council is hereby created. - B. Composition; Officers; Appointment of lder,zbers. The Disaster Council shall consist of the following : - 1 - ' - , .• , . .. 1 . The Mayor, who shall be chairman. 2 . The Director of Emergency Services , who shall be vice-chairman. 3. The Assistant Director of Emergency Services. 4 . Such Chiefs of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this article. 5 . Such representatives of civic, business , labor, veterans , professional, or other organizations having an official emergency responsibility, as � may be appointed by the Director with the advice and consent of the City Council. C. Powers and Duties. It shall be the duty of the 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 regualtions as are necessary to implement such plans and agreements. D. Meetings. 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. Sec. 15. 204. Director and Assistant Director of E7nergency Services. A. Offiee Created; Appointed. There is hereby created the. office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is hereby created the office of the Assistant Director of Emergency Services, who shall be apointed by the Director. B. Por�ers and Duties; Generally. The Director of Emergency Services is hereby empowered to: 1. Request the City Council to proclaim the 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 seven (7) days thereafter or the proclamation shall have no further force or effect. 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 emer- gency organization of this City for the accom- plishment of the purposes of this article. - 2 - 4 . Direct cooperation between and coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them. 5. Represent this City in all dealings with public or private agencies on matters pertaining to emer- gencies as defined herein. 6 , In the event of the proclamation of a "local emergency" as herein provided, the proclamation 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 , equipment, 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; such persons shall be entitled to all privileges , benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or material of any City department or agency; and (e) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this article or by resolution or emergency plan pursuant hereto adopted by the City Council, and by any other lawful authority. C. Order of Succession. 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 otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. - 3 - . . . D. Duties of Assistant Director. 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 programs of this City; and shall have such other powers and duties as may be assigned by the Director. Sec . 15. 205. 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 agreement or operation of law, including persons impressed into service under the provisions of Section 15.204.B 6 (c) of this article, 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 Chula Vista. Sec. 15.206 . Emergency Plan. The City of Chula Vista Disaster Council shall be responsible for the development of the City of Chula Vista 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 constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the .organi- zation, powers and duties, services , and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. Sec. 15. 207 . 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 Chula Vista. Sec: 15. 208 . Unlawful Acts. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500) , or by imprisonment for not to exceed six months , or both, for any person, during an emergency to: 1. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty � imposed by him by virtue of this article. 2. Do any act forbidden by any lawful rule or regulation issued pursuant to this article , 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 of property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof. - 4 - /` . . . . 3. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. Sec . 15. 209. Status of Ordinance No. 432 . Ordinance No. 432 is hereby repealed; provided, however, that it is the intent of the City Council in enacting. this ordinance that it shall be considered a revision and con- tinuation of the ordinance repealed by this article, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements , rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this article. SECTION II : This ordinance shall take effect and be in full force on the thirty-first day from and after its passage. Presented by Approved as to form by � � J n R. Thomson, City Manager Georg� Lindberg, City Attor y ADOPTED AND APPROVED by the CZTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this lst day of August , 1972 , by the following vote, to-wi� AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : Councilmen None ABSENT: Councilmen None � ayor of the City of Chul Vista ATTEST �� // � City C erk � STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CZTY OF CHULA VISTA ) I , , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct of Ordi�nancenNO. , and that the same has not been amended or repealed. DATED City Clerk (/ \ - . ' . _ - � : . . L� ��n/ ' � CITY ORDINAA'CE RELATING TO - � �. �r��rp �� a F ��, EPfERGENCY ORGANIZATION AND FUACTIONS The City Council of the City of does ordain as follovs : SECTION 1. Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emer- gency organization; and the coordination of the emergency functions of this city With all other public agencies, corporations, ocganizations, and affected private persons. SECTIOti 2. Definition. As used in this ordinance, "emergency" shall mean the -actual or threatened existence of condi[ions 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 earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [his city, requiring the combined forces of other political subdivisions to combat. SECTION 3. Disaster Council Membershiv. The City of Disaster Council is hereby created and shall consist of the following: A. The mayor, who shall be chairman. B. The director of emergency services, who shall be vice chairman. C. The assistant director of emergency services. D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council. SECTION 4. Disaster Council Powers and Duties. -It shall be the duty of the City of Disaster Council, and it is hereby empowered , to develop and recotinend 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 upo❑ call of the chairman, or, in his absence from the city or inability to call such mee[ing, upon call of [he vice chairman. SECTION S. Direc[or and Assis[ant Director of EmerQency Services. A. There is hereby created the office of director of emergency services. The city manager shall be [he director of emergency services. B. There is hereby created the ofFice of assistant director of emergency services vho shall be appoin[ed by the director. SECTION 6. Powers and Duties of the Director and Assistan[ Director of Emer- gency Services. A. The direc[or is hereby empowered to: (1) Request . the city council to proclaim [he existence or [hreatened existence of a "local emergency" if [he city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emer- �b bl ' Page 1 of 3 �L � � ' � / . gency is proclaimed by the director, the city council shall take action to ratify the proclamation within 7 days thereafter or the proclamation shall have no further force or effect . (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 [he 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 coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on ' matters pertaining to emergencies as defined herein. (6) Zn the event of the proclamation of a "local emergency" as herein provided , the proclamation 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 [o the protection of life and property as affected by such emergency; provided, however, such r�les and regulations must be confirmed at the earliest praccicable time by the city council; (b) To obtain vital supplies, equipment, and such other properties found lackirig and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to cormnandeer 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 "sta[e of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to a11 privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or material of any city department or agency; and (e) To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this ordinance or by resolu[ion or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority. S. The director of emergency services shall designate the order of succession [o [hat office, to take effect in the event the director is unavailable to attend mee[ings and o[herwise perform his duties during an emergency. Such order of succes- sion shall be approved by the city council. C. The assistant director shail, under [he supervision of the director and wi[h the assis[ance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. �/ Page 2 of 3 r° . . . . . . ' . ' SECTIOid 7 . EmerQency OrQanization, 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 agreement or operation of law, including persons impressed into service under the provisions of SEC. 6.A. (6) (c) of this ordinance, be charged with duties incident to the protection of Life and pro- perty in this city during such emergency, shall constitute the emergency organization of the city of SECTION 8. EmerQency Plan. The City of Disaster Council shall be responsible for the development of the City of Emergency Plan, cohich plan shall provide for the effective mobilization of all of the resources of this city, both puolic and private, to meet any condition constituting 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 9. 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 inhaUitants and property of the city of SECTION 10. Punishment of Violations. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500) , or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: A. Hillfully obstruct, hinder, or delay any member of the emergency organi- zation 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. 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 inha- bitants of this city, or to prevent, hinder, or delay the defense or pro- tection thereof. C. We�r, carry, or display, without authority, any means of identification specified by the emergency agency of the State. SECTION 11. Repeal of ConflictinQ Ordinances. Ordinance No. of the Ordinances of the City of is hereby repealed; provided, that is the intent of the city council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this ordinance, and the status of volunteers shall r,ot be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified , or superceded as provided in this ordinance. SECTION 12. Effective Date. This ordinance shall become effective thirty (30) days from and after its passage. SECTION 13. Severabilitv. If any provision of this ordinance or the applica- tion thereof [o any person or circums[ance is held invalid , such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordi- nance are declared to be severable. � a � Page 3 of 3