HomeMy WebLinkAboutORD ADOP 1 EMERG ORG 05-18-92ORDINANCE FOR ADOPTION NO. 1
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TATE: MAY 18, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1084 - PREPARATION AND IMPLEMENTATION OF CITY
EMERGENCY ORGANIZATION AND FUNCTIONS
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1084
(roll call vote).
BACKGROUND:
The following Ordinance No. 1084 had first reading and introduction
at the May 4, 1992 City Council meeting:
ORDINANCE NO. 1084 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION
OF EMERGENCY ORGANIZATION AND FUNCTIONS
Valerie Whiteman
Chief Deputy City Clerk
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.OURKE & WOODRUFF
ATTORNEYS AT LAW
ORANGE
ORDINANCE NO. 1084
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, PROVIDING FOR THE
PREPARATION AND IMPLEMENTATION OF EMERGENCY
ORGANIZATION AND FUNCTIONS.
The City Council of the City of Tustin hereby ordains as
follows:
Section 1 Code Amendment
Chapter 2 "Disaster Emergency Services," of Article 5, "Public
Safety" is hereby amended in its entirety to read as follows:
"5200 PURPOSE
The declared purpose of this chapter is to provide for the
preparation and carrying out of plans for the protection of persons
and property within the City of Tustin in the event of an
emergency; the direction of the emergency organization; and the
coordination of the emergency functions of the City with all other
public agencies, corporations, organizations, and affected private
persons.
5201 DEFINITION
"Emergency" shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons
and property within the City of Tustin caused by such conditions as
air pollution, fire, flood, storm, epidemic, riot, earthquake, or
other conditions, including conditions resulting from war or
imminent threat of war, but other than conditions resulting from
labor controversy, which conditions are or are likely to be beyond
the control of the services, personnel, equipment, and facilities
for the City, requiring the combined forces of other political
subdivisions to combat.
5202 DISASTER COUNCIL MEMBERSHIP
The City of Tustin 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.
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:OURKK 6 WOODRUFF
ATTORNEYS AT LAW
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Ordinance No. 1084
Page 2
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.
5203 DISASTER COUNCIL POWERS AND DUTIES
It shall be the duty of the City of Tustin 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 regulations as
are necessary to implement such plans and agreements. 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.
5204 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY
SERVICES
A. There is hereby created the office of Director of
Emergency Services. The City Manager shall be the
Director of Emergency Services.
B. There is hereby created the Office of Assistant Director
of Emergency Services, who shall be appointed by the
Director.
5205 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT'
DIRECTOR OF EMERGENCY SERVICES
A. The Director is hereby empowered to:
(1) Request the City Council to proclaim 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 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 emergency
organization of the City for the accomplishment of
the purposes of this ordinance.
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:OURK9 & WOODRUFF
ATTORNKYS AT LAW
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Ordinance No. 1084
Page 3
(4) Direct cooperation between and coordination of
services and staff of the emergency organization of
the City; and resolve questions of authority and
responsibility that may arise between them.
(5) Represent the City in all dealings with public or
private agencies on matters pertaining to
emergencies 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 the City Council;
(b) To obtain 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 of Orange 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 Services
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 resolution or
emergency plan pursuant hereto adopted by the
City Council, all powers conferred upon him by
any statute, by any agreement approved by the
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OUKKK & WOODRUFF
ATTORNEYS AT LAW
ORANGE
Ordinance No. 1084
Page 4
City Council, and by any other lawful
authority.
B. 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.
C. The Assistant Director shall, under the supervision of
the Director and with the assistance of Emergency Service
Chief, develop emergency plans and manage the emergency
programs of the City; and shall have such other powers
and duties as may be assigned by the Director.
5206 EMERGENCY ORGANIZATION
All officers and employees of the City of Tustin 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
this chapter, 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 Tustin.
5207 EMERGENCY PLAN
The City of Tustin Disaster Council shall be responsible for
the development of the City of Tustin Emergency Plan, which shall
provide for the effective mobilization of all of the resources of
the 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 organization, powers and
duties, services, and staff of the Emergency organization. Such
plan shall take effect upon adoption by resolution of the City
Council.
5208 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 Tustin.
5209 PUNISHMENT OF VIOLATIONS
It shall be a misdemeanor, punishable by a fine of not to
exceed one thousand dollars ($1000), or by imprisonment for not to
exceed six months, or both, for any person, during an emergency,
to:
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Ordinance No. 1084
Page 5
A. Willfully obstruct, hinder, or delay any member of
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
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 inhabitants of the
City, or to prevent, hinder, or delay the defense
or protection thereof.
C. Wear, carry, or display, without authority, any
means of identification specified by the emergency
agency of the State."
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this 18th day of May, 1992.
MARY E. WYNN, City Clerk
LESLIE ANNE PONTIOUS, Mayor