HomeMy WebLinkAboutORD 123 (1959)W
ORDINANCE NO. 121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING A DISASTER COUNCIL,
APPOINTING MENTO SERVE FOR THE PROTECTION OF THE
CITY IN CASE OF DISASTER, PRESCRIBING THEIR DUTIES
AND RESPONSIBILITIES, PRESCRIBING PENALTIES FOR
VIOLATIONS AND REPEALING ANY ORDINANCES OR PORTIONS
OF ORDINANCES IN CONFLICT HEREWITH.
The City Council of the City of Tustin does ordain as
follows:
Section l.. 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 disaster, 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. Any expenditures made in
connection with such civil defense and disaster 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 Tustin.
Section 2. Definitions. A. Civil.Defense. As used in
this ordinance, the term "Citil Defense" shall mean the prepara-
tion 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
damago resulting from disaster. It shall not include, nor does
any provision of this ordinance.apply to any condition relating
to a labor controversy.
B. Disasteis. 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 public calami-ty.
Section 3. Civil Defense and Disaster Council.
Membership.
The Tustin Civil Defense and Disaster Council is hereby
created and shall consist of the following:
606
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 with
the advice and consent of the city council 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 otherduties as may 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,
j 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 and consent of
the city council.
Section 4. Civil Defense and Disaster Council.
rowers and Duties. It shall.be the duty of the Tustin civil
t
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 agreements 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 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 and Disaster.
Powers and Duties.. There is hereby created the office
of director of Civil Defense and Disaster. Such officer shall
be appointed by the Mayor with the advice and consent of the
City Council.
Thie director is hereby empowered:
A. To request the city council to proclaim the existence
no
or threatened existence of a disaster and the termin-
ation thereof, if the city council is in session, or
to issue some 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 extreme 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 defense and disaster organization of the city,
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 may
arise between them;
E. 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.
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 matters reasonable related to the protection of
life and property as affected by such disaster;
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 the life and property of the
people, and 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
6 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 commun-
ity 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 volun-
teers;
D; To requisition necessary personnel or
material of any city department or agency;
E. To execute all of his ordinary powers as
mayor, all of the special powers conferred upon him by
this ordinance or by resolution adopted pursuant 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 complete authority over
the city and to exercise all police power vested in the
city by the Constitution and general laws.
Section 7. Civil Defense and Disaster
Organization. All Officers and employees of this city,
together with those volunteer forces enrolled to aid
them during a disaster, and all groups, organizations
and persons who may be agreement or operation of law,
including persons pressed into service under the pro-
visions of Section 6(C) of this -ordinance, be charged
with duties incident to the protection of life and prop---
erty in this city during such disaster, shall constitute
the civil defense and disaster organization of the City
of Tustin.
M
Section 8. Divisions, Services and Staff of the Civil
Defense and Disaster Organization. The functions and
duties of the Tustin Civil Defense and Disaster Organi-
zation shall be distributed among such divisions, ser-
vices and special staff as the city council shall pres-
cribe by resolution.
The City Council shall concurrently with the
adoption of this ordinance, adopt a resolution setting
forth the form of organization, establishment and des-
ignation of divisions and services, the assignment of
functions, duties and powers, the designation of offi-
cers 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 misdemeanort 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. Wifully 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 regulations issued pursuant to this ordinance, if
such act is of such 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;
C. To wear, carry or display, without author-
ity, any means of identification specified by the civil
defense and disaster agency of the State.,
Section 10. Emergency. This ordinance is
HU
hereby declared bo be an emergency measure necessary
for the immediate preservation of the public peace,
health and safety, and the facts constituting such
emergency are as follows:
That there is, at the present time, no
ordinance adequately providingfor the establish-
ment of a disaster council to serve in the event of
disaster, and in case of disaster it is imperative
that there be an adequate civil defense organization
and plan for the preservation of the public peace
and the protection of public. health and safety; that
an ordinance establishing a disaster council within
the City of Tustin, and prescribing its duties and
responsibilities is urgently and immediately needed;
therefore, this ordinance shall become effective
immediately upon its passage and adoption by the City
Council.
Section 11. Severability. If any ,pro
-
vision 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 ordinace 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 12. Conflicting ordinances re-
pealed. To the extent that any ordinance or provision
of any ordinance of the City of Tustin shall conflict
herewith, said ordinance or provision of ordinance
is hereby amended to conform to the provisions of
this ordinance.
Section 13. Certification and Pub-
lication.- The City Clerk shall certify to the adop-
tion of this ordinance, to itssignatureby the
Mayor, to its attestation by the City Clerk, and
shall cause this ordinance to be published by one
insertion in the Tustin News, a weekly newspaper of
general circulation, printed and circulated in the
City of Tustin. Orange County, California.
PASSED AND ADOPTED by the City Council of the
City of Tustin at a regular meeting thereof
held on the 18th day of May, 1959•
c � L
MAYOR
ATTEST:
i
i
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE Ss
CITY OF TUSTIN
A. 0. PARK, City Clerk and Ex -officio
Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole
number of members of the City Council of the
City of Tustin is five; that the above and
foregoing Ordinance was duly and regularly
introduced at a regular meeting of the City
Council of the City of Tustin held on the
4th day of May, 1959, and was duly passed and
adopted at a regular meeting of the City Council
held on the 18th day of May, 1959•
AYES: Councilmen: Kidd, Bacon, Byrd, & Tadlock
NOES: Councilmen: None
ABSENT: Councilmen:-Humeston
Dated: May 18, 1959
City Clerk of the City of Tustin,
California.