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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.