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HomeMy WebLinkAboutORD 1084 (1992) 1 ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 5 OF TUSTIN, CALIFORNIA, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF EMERGENCY 4 ORGANIZATION AND FUNCTIONS. 5 The City Council of the City of Tustin hereby ordains as 6 follows: ~ Section 1 Code Amendment 8 Chapter 2 "Disaster Emergency Services," of Article 5, "Public Safety" is hereby amended in its entirety to read as follows: 9 "5200 PURPOSE 10 The declared purpose of this chapter is to provide for the 11 preparation and carrying out of plans for the protection of persons and property within the City of Tustin in the' event of an 12 emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other 13 public agencies, corporations, organizations, and affected private persons. 14 5201 DEFINITION 15 "Emergency" shall mean the actual or threatened existence of 16 conditions of disaster or of extreme peril to the safe~y of persons and property within the City of TUstin caused by such conditions as 17 air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or 18 imminent threat of war, but other than conditions resulting from labor controversy, which conditions are or are likely to be beyond 19 the control of the services, personnel, equipment, and facilities for the City, requiring the combined forces of other political Z0 subdivisions to combat. Z1 5202 DISASTER COUNCIL MEMBERSHIP ZZ The City of Tustin Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be chairman. 24 B. The Director of Emergency Services, who shall be Vice Z5 Chairman. Z6 C. The Assistant Director of Emergency Services. 27 D. Such Chiefs of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant Z8 to this ordinance. 1 Ordinance No. 1084 Page 2 E. Such representatives of civic, business, labor, veterans, 4 professional, or other organizations having an official emergency responsibility, as may be appointed by the 5 Director with the advice and consent of the City Council. 6 5203 DISASTER COUNCIL POWERS AND DUTIES 7 It shall be the duty of the City of Tustin DisasterICouncil, and it is hereby empowered, to develop and recommend for adoption 8 by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as 9 are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman or, in his absence 10 from the City or inability to call such meeting, upon call of the Vice Chairman. 11 5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY 12 SERVICES 13 A. There is hereby created the office of Director of Emergency Services. The City Manager shall be the 14 Director of Emergency Services. 15 B. There is hereb~ created the Office of Assistant Director of Emergency Services, who shall be appointed by the 16 Director. 17 5205 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES 18 A. The Director is hereby empowered to: 19 (1) Request the City Council to proclaim the existence 20 or threatened existence of a "Local Emergency" if the City Council is in session, or to issue such 21 proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the 22 Director, the City Council shall take action to ratify the proclamation within 7 days thereafter or 23 the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a "State of 25 Emergency" when, in the opinion of the Director, the locally available resources are inadequate to 26 cope with the emergency. 27 (3) Control and direct the effort of the emergency organization of the City for the accomplishment of 28 the purposes of this ordinance. ~WOODRUFF ~W 1 Ordinance No. 1084. Page 3 2 3 - (4) Direct cooperation between and 'coordination of 4 services and staff of the emergency organization of the City; and resolve questions of authority and 5 responsibility that may arise between them. 6 (5) Represent the City in all dealings with public or private agencies on matters pertaining to 7 emergencies as defined herein. 8 (6) In the event of the proclamation of a "Local Emergency" as herein provided, the proclamation of 9 a "State of Emergency" by the Governor or the director of the State Office of Emergency Services, 10 or the existence of a "State of War Emergency," the Director is hereby empowered: 11 (a) To make and issue rules and regulations on 1~ matters reasonably related to the protection of life and property as affected by such 13 emergency; provided, however, such rules and regulations must be confirmed at the earliest 14 practicable time the City Council; 15 (b) To obtain supplies, equipment, and such other properties found lacking and needed for the 16 protection of life and property'and to bind the City for the fair value thereof and, if 17 required immediately, to commandeer the same for public use; 18 (c) To require emergency services of any City 19 officer or employee and, in the event of the proclamation of a "State of. Emergency" in the Z0 County of Orange or the existence of a "State of War Emergency," to command the aid of as Z1 many citizens of this community as he deems necessary in the execution of his duties; such Z~ persons shall be entitled to all privileges, benefits, and immunities as are provided by ~3 State law for registered Disaster Services Workers; (d) To requisition necessary personnel or material Z5 of any City department or agency; and Z6 (e) To execute all of his ordinary power as City Manager all of the special powers conferred Z7 upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the Z8 City Council, all powers conferred upon him by ~woo~.~r, any statute, by any agreement approved by the ~W 1 Ordinance No. 1084 Page 4 Z City Council, and by any other lawful 4 authority. 5 B. The DireCtor of Emergency Services shall designate the order of succession to that office, to take effect in the 6 event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such V order of succession shall be approved by the City Council. 8 C. The Assistant Director shall, under the supervision of 9 the Director and with the assistance of Emergency Service Chief, develop emergency plans and manage the emergency 10 programs of the City; and shall have such other powers and duties as may be assigned by the Director. 11 5206 EMERGENCY ORGANIZATION 12 All officers and employees of theCity of Tustin together with 13 those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or 14 operation of law, including persons impressed into service under this chapter, be charged with duties incident to the protection of 15 life and property in this City during such emergency, shall constitute the emergency organization of the City of Tustin. 16 5207 EMERGENCY PLAN 17 The City of Tustin Disaster Council shall be responsible for 18 the development of the City of Tustin Emergency Plan, which shall provide for the effective mobilization of all of the resources of 19 the City, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War 20 Emergency; and shall provide for the organization, powers and duties, services, and staff of the Emergency organization. Such Z1 plan shall take effect upon adoption by resolution of the City Council. 5208 EXPENDITURES Any expenditures made in connection with emergency activities, 24 including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and ~5 property of the City of Tustin. Z6 5209 PUNISHMENT OF VIOLATIONS Z7 It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1000),or by imprisonment for not to 28 exceed six months, or both, for any person, during an emergency, wooo.urr tO: 1 Ordinance No. 1084 Page 5 2 3 A. Willfully obstruct, hinder, or delay any member of 4 the emergency 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. Do any act forbidden by any lawful rule or 7 regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be 8 likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the 9 City-~ or to prevent, hinder, or delay the defense or protection thereof. 10 C. Wea~, carry, or display, without authority, any 11 means of identification specified by the emergency agency of the State." 1Z PASSED AND ADOPTED, at a regular meeting of the City Council 15 for the City of Tustin on this 18th day of May, 1992. 14 15 ~ LES S~. ,.Mayor 16 17 19 20 21 22 23 24 25 26 27 28 WOODRUFF ~W City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1084 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,.California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1084 was duly and regularly read and introduced'at a regular meeting of the City Council held on the 4th day of May, 1992, and was given its second reading and duly passed and adopted at a regular meeting held on the 18th day of May, 1992, by the following vote: COUNCILMEMBER AYES: Potts, Puckett, Saltarelli, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Pontious Mary E.~nn] Ci~~Clerk Published Tustin News: