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HomeMy WebLinkAboutOrdinance 705 N.C.S. 11/04/1963ORDINANCE NO. 705 N. C:. S. INTRODUCED BY COUNCILMAN THOMAS J. ELLIS, . JR. SECONDED BY COUNCILMAN JOHN W. CAVANAGH, JR. AN ORDINANCE OF THE CITY OF ,PETALUMA, PROVIDING FOR A CIVIL DEFENSE AND DISASTER ORGANIZATION, THE OFFICE OF DIRECTOR OF CIVIL DEFENSE AND DISASTER, DEFINING HIS POWER -S AND DUTIES, .PROVID - ING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, AND REPEALING ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA, AS FOLLOWS! Section 1. PURPOSES The declared purposes of this Ordinance are to provide for the preparatiion and carrying out of plans for the protection of persons and property within this city and appurtenant thereto in the event of a disaster, and to provide for the coordination of the divil defense and disaster functions of this city with all othe " ,public agencies and affected provate persons, corporations and organi- Section 2. DEFINITIONS A. Civil Defense. As used in this Ordinance, the term "civli defense shall mean preparation for and carrying out. of all emergency functions, other than 'functions for 'which military 'forces are , primar.i ?ly responsible, to prevent,,` minimize and repair injury and damage - resulting from disaster. It shall not,include, nor does any provision of this Ordinance apply to any condition relating' to a labor controversy. B. State of Extreme Emergency A s used in this Ordinance, "State of Extreme Emergency' means the duly proclaimed existence of conditions of extreme perilto the safety of persons and property within the state caused by an enemy attack or "threatened attack by land, sea, or air, or when upo n the advice r ra d. the commanding general of this area, such an attack is imminent, and a � sabotage, or other cause such as air pollution, fire, flood, storm, epidemic, riot or earthquake, which conditions by reason of their magnitude are or are likely to be beyond the control of the protective service, personnel, equpment and facilities of any signel county, city and county, or city, and require the combined forces of a "mutual-aid region or regions" to combat. ; State of Extreme Emergency does not include nor apply to any condition resulting from a labor controversy. (Military and Veterans' Code - Sec. 1505). A "State of Extreme Emergency' exists immediately and without a proclamation thereof by the Governor, whenever this state is attacked by an enemy of the United States, or upon receipt by. the California Disaster Office of a warning -from. the Air Force - or other authorized Federal agency., indicating that such' an enemy attack is probable or imminent. C. Disaster. 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 calamities. 'State of Disaster'' 1 %reans the duly ,proclaimed existence of conditions of extrem pet"il Ito 'the ;safety of persons and property within the state, caused by such ,conditions as air pollution, fire, flood, storm, epidemic riot, earth- quake, or other conditions: except. as a result of war- caused disaster, which -1- conditions by reason of their magnitude are or are likely to be, beyond the control of the services, personnel, equipment and facilities of any single city, county .Ior city and county, and require the combined forces of a mutual aid regiona?'or regions to combat., ''State of Disaster" does not include nor apply. to any condition resulting from a labor controversy. (Military and Veteran's Code Sec. 1505). D. Local Peril, Local E nor Local Disaster. "Local peril" "Local emergency ", or -"Local disaster" shall mean. the - existence of conditions within the territorial limits of a local agency in the absence of a duly proclaimed state of extreme emergency or a state of disaster which conditions are a result of an emergency created by great public calamity such as extraordinary fire, flood, storm, T idemic, earthquake or other disaster which is, or is likely to be, beyond the 'control of the service personnel, equipment and ,facilities of that agency and require. the combined forces of other local agencies to combat. (Military and Veterans' Code - See. 1505). E. Chief of Civil Defense and Disaster. The Mayor of the City of Petaluma shall be the Chief of Civil Defense and Disaster. In the event the Mayor is unable to act, the Vice -Mayor of the City of Petaluma shall assume the position of the Chief of Civil Defense and Disaster. F. Director of Civil Defense and Disaster. The Director of Civil Defense and Disaster shall be the - City Manager of the City of Petaluma. t G. City of Petaluma Chiefs of Civil Defense Services. The City of Retalum a Chiefs of Civil Defense Services shall be those persons both in and out of the city service, appointed.by the Director of Divil Defense and Disaster to be responsible for providing, directing, planning, and coordinating emergency services, and materials in functions including, but not limited to, Law Enfore'ement, Fire and Rescue, Utilites, Engineering, Communications, Manpower, Supply, Public Information, Transporton, and Traffic Control. Section 3. (1) CIVIL DEFENSE AND DISASTER COUNCIL created l The City of Petaluma Civil Defense and "Disaster Council is hereby and shall consist of the following: A. Chairman and Vice - Chairman of the.Disaster Council. The chairman shall be the' Director of Civil Defense. The Vice- Chairman shall be the Assistant Director of Civil Defense. B. Members of the Disaster Council. �!. The members of the Disaster Council shall be the Chairman and Vice - Chairman of the Council and the City of Petaluma Chiefs of Civil Defense Services. Section 3. (2) CIVIL DEFENSE AND DISASTER COUNCIL POWERS A'ND DUTIES It shall be the -duty of the "City ;of Petaluma Civil Defense and Disaster Council,j, and it is hereby empowered to study,, 'review and recommend for adoption "by the. Council, civil. defense and disaster mutual aid plans and agreements and such ordinances, resolutions, 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 his :inability to call such meeting upin call of the Vice - Chairman, or upon call of any member when such call by a member other than the Chairman or Vice - Chairman is concurred in by five members of the Council. -2- ApproNdLof: recommendations of the Civil Defense and Disa sr.Pr 1 'ouncil shall belby majority. vote of a quorum of the members. A majority of the member's of the Council shall be a quorum for the purpose of doing business. Section 4. (1) COUNTY AND CITIES CIVIL DEFENSE ADVISORY BOARD [ The County and Cities Civil Defense Advisory Borad of Sonoma County has been created by Ordinance of.the County of Sonoma.. The City of Petaluma shall partici ;ate as a member of that Board which will operate in the following manner. A. Members of the Advisory Board each cit The member's of the Advisory Board shall be two representatives from y in Sonoma County, and two representatives of the County of Sonoma. A representative shall be a member of the governing body, or a person serving the political; jurisdiction in an administrative capacity. The County Civil Defense Coordinator shall be designated technical advisor to the board. The representatives shall be appointed by the jurisdictions which they represent; to serve during -the calendar year for which they are appointed. B. Organization of the Advisory B'dard. At the first meeting in each calendar year the Board shall organize by selecting a Chairman and a Vice - Chairman and by appointing a Secretary, all to serve during the calendar year: The Chairman may appoint committees to study and report on civil defense matters relative to administration, emergency operations, organization, legal matters, and in such other area's as themembers may direct. C. When a quorum is present and the Chairman and `Vice - Chairman are absent, the quorum shall elect a Chairman pro tem. A quorum shall consist of at least on representative from a majority of the jurisdictions having members on the Board. Section 4. (2) COUNTY AND CITIES ADVISORY BOARD POWERS AND DUTIES A. It shall be the duty of the County and Cities Civil Defense Advisory Board, and it is hereby empowered to study, review and recommend for action by the appropriate jurisdiction or jurisductions any matters pertaining to civil defense. B. , Civil defense matters shall include, but not be limited to civil defense administrative procedures, operational plains, mutual aid plans and agreements, and such ordinances, resolutions, - and rules and regulations as are necessary to implement such plans and agreements. C. The Advisory Board shall developR:plans for effective cooperation of all civil'" defense organizations of Sonoma County. 1, D. The Advisory Board shall meet monthly or upon call of any member when such call by a member other than the Chairman or Vice - Chairman is concurred in by a quorum. of repr IseE awes of al of t of the aurisd�tiohe Advisory Board shall be by a vote PP y J ns participating in the Advisory Board. Minority report -or reports shall accompany approvals' when one or more participating jurisdictions shall so desire. F. The Chairman shall notify the appointing, jurisdiction by letter when that jurisdiction has not been represented at two consecutive regular or special meetings of the Advisory Board. -_3- Section S. and d CHIEF OF CIVIL DEFENSE' AN'D' DISASTER The Chief of Civil. Defense and. Disaster shall have all of the powers of the Director ofDivil Defense and Disaster. Section 6. DIRECTOR OF CIVIL .DEFENSE AND DISASTER A. Appointment and general powers and dnti, There pis hereby created the' position of Director of Civil Defense and Disaster. The Director of Civil Defense and Dis °aster shall be appointed by the City Council and is directly resporisible to it. The Director is hereby empowered to direct the effort of the Civil Defense and. Disaster organization of the City of Petaluma for the accomplishment of the purposes of tliis� Ordinance and shall have the powers and duties set forth in this Ordinance or any other ordinances or res - olutions'I'in effect or hereafter adopted, and in accordance with and under - the laws, rules and regulations of the State of California and the United States. B. Powers and duties of the Director durin a State of Extreme Emergency. In the event of the existence. of a State of Extreme Emergency or the proclamation of a state of Extreme Emergency by the Governor or the Director of the California Disaster Office, the Director is hereby empowered to: L. Take appropriate action 'consistent with the protection of life and property in the City of Petaluma and to insure the continuation and / or restoration of the city governmental services that may be impaired. 2. Obtain vital supplies, equipment and such other properties needed for the protection of the, life and property of the people, for ultimate processing of said acquistion through the. State Purchasing Agent as an obligation of the State of California, and if required,, to commandeer ,the same immediately for public use. 3. Require emergency services of any city officer or employee and to command the aid of as many citizens of this community 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 °volunteers. To requistion necessary personnel or material of any city depart ment orfagency. C.' Powers and duties of the Director during a State of Disaster. In the event of the proclamation of a State of Disaster by the Governor the Dire , motor is h ereby empo %x qnd directed to: 1. The Director shall have in the case of "local peril ", "local emergency ", or "local disaster" ail the "powers as set forth in the Military and Veterans' Code in relation T local peril, local enmergency, or .local disaster, and as otherwise provided for by law , . e , -, equipment, and such other properties 2. Obtain vital suppl needed for the protection of life -and property of'the people of� the City of Petaluma, and to bind the city for the fair value thereof, .provided that the money value thereof in total shall 'not exceed One Hundred and no /100 Dollars, $100. 00 unless a'dd funds are. authorized .by the - City Council. Section 7. CIVIL DEFENSE AND DISASTER ORGANIZATION A. Composition All Officers and employees of this city, together with those volunteer- forces enrolled to aid them :during a disaster, and all g'ro'ups, organizations and persons 1who may by agreement or operation of law, including persons commandeered MM under the rovi�sion o a e, be charged with duties incident p ection VI of this Ordinance, to the protection of and property ,in this city during such disaster, shall constit- ute the civil defense and disaster' organization. of the City of Petaluma, and shall be known a `s the City of Petaluma Civil Defense and Disaster Organization. B. District, Divisions,. Services and Staff. The functions and duties of. the City of Petaluma Civil Defense and Disaster Organization shall be distributed am- oung- the .incorpoarted limits of the City of Petaluma and the divisions services, and special staff' shall be established by resolution of the City Council. Insofar..as practicable; the-form of organization, D title and ense 'terminology shall conform to the recommendations of the .Department of et and the California `Disaster Office of "the State of California. Section 8 . PUNISHMENT OF VIOLATION f It shall be a misdemeanor, punishable by a: fine of riot to exceed Five undredi, ($500.00) Dollars, , or' by imprisonment for not to exceed six (6) months, or both I' for any person during, a proclaimed State of Extreme Emergency or State of IDisaster'to: A,. Willfully obstruct, hinder or delay any member of the Civil Defense and Disaster Organization in the :enforcement of any lawful rule or regulation issued 0rs'uant to this Ordiizaiice, or in the performance of any duty imposed upon him by yirtue of this Ordinance. I" B 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, orl "to prevent, hinder or delay the defense .or protection thereof. C. Wear, Carry or display, without .authority, any means of identification . by the. Civil `Defense and Disaster. Agency of ahis State. . Section 9. REPEAL OF CONFLICT..ING ORDINANCE. I' Ordinance No. 189. N. C: S. is ;hereby repealed, provided that it is the intent of'the C° ty C`ounc'il, in enacting this Ordinance, that it shall be considered a revision amendment and continuation of Ordinance No. 189 N. C. S. , and the , status of volunteers shall not be affected by such repeal, nor shall Civil Defense and Disakster Mutual Aid Plans and Agreements, Rules and Regulations or Resolutions adopted­pursuant to such, repealed Ordinance be, affected by such repeal until amended modified or superseded as provided in this Ordinance, and it is hereby expressly so ordai' ed. Section 10, EFFECTIVE DATE This Ordinance is hereby declared to be an emergency measure necessary for °the immediate preservation of the public;peace, health and safety, and s :'shill take effect immediately. The fohowing :is a statement of the facts showing its urgency:, This Ordinance is, a modification and revision of previous Civil Defense and Disaster' Ordinance ,(s) , and is adopted for the ,pqrpo of bringing the Civil Defense and Disaster Organization ,up 'to date and in accordance with exosting and current needs: The nature of such organization , is such that it may be called upon at .any time. because (disaster cannot be foreseen. A delay in the effective date of rd: this O; nance may cause disruption and confusion in the event 'that an emergency or disaster occurs while its effectiveness is pending. Section 11. SEVERABILITY If Y p rovision circumstances is ision of this Ordinance or the application thereof to any person held invalid, such invalidity shall not affect other provisions or applications of the Ordinance -which can be green effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 12. SHORT TITLE This Ordinance shall be known and may be cited as the CIVIL DEFENSE ORDINAINCE OF THE CITY OF PETALUMA. I - Ordere l posted this 28th day of October �, 1963. AYES: COUNCILMEN BATTAGLIA, BRAINERD, CAVANAGH, COLIN, ELLIS, GANS,, AND MAYOR VAN NOES: ', NONE ABSENT: NONE Mayor- ,I1I hereby certify that the within ordinance was posted in one public place in the City of Petaluma, to -wit: In the City Hall on this 28th day of October, 1963, I hereby certify that the whole number of the members of the Council of the Cityd of •Petaluma. is seven, and that the foregoing ordinance was passed by the Council'at its meeting of the hth day of November, 1963, by the following votei to -wit AYES: Councilmen Battaglia, Brainerd,'Cava.nagh, Jr., Colin, Ellis, Gans, and Mayor Van Bebbero 4 NOES: None ABSENT': None Attests 'City Clerk (SEAL) The foregoing Ordinance Number 705 N.C.S., having been regularly passed and presented to me this lath day of November, 1 9 6 3s is hereby approved by me this 4th day of November, 19 EFFECTIVE DATE December. 4,_ 1963 �Zlc�v` -4, V. Mayor