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HomeMy WebLinkAboutOrdinance #447 ORDINANCE N0® 447 AN ORDINANCE OF THE CITY COUNCIL OF THE- CITY OF HUNTINGTON BEACH, CALIFORNI:A, CREATING A- CIVILIAN DEFENSE COUNCIL FOR THE SAFEGUARDING- OF LIFE, HEALTH .AND PROPERTY, AND REPEALING ORDINANCE N0. 437 OF THE CITY OF_HUNTINGTON BEACH, CALIFORNIA. . WHEREAS, a state of war exists between the United States of America and Japan, and WHEREAS, an oil field now producing oil and gas is. . located within said City of -Huntington Beach, California, and WHEREAS, said products are necessary for the National Defense, and WHEREAS, there is danger of damage to both life and property within said City, including said oil field, from acts of alien enemies and from sabotage, AND WHEREAS, Section 2 of Article 3,0 of the Charter of the City of.Huntington Beach provides , in part , as follows: "that. in case a great public calamity such as an 4 extraordinary fire, flood, storm, epidemic or other dis— aster, the City Council may, by resolution passed by vote of four—fifths of all its members declare and determine p that public interest and necessity demand the immediate exr penditure of public money to safeguard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum re— quired in such emergency" , NOW THEREFORE, in and by the above preamble recital and statement the City Council by a four—fifths vote of all its members declares and defines that an emergency exists necessitating the adoption of an ordinance for the immediate preservation of the public peace, property, convenience, b health and safety, WHEREFORE, the City Council of the City of Huntington Beach, does ordain as follows: -G SECTION 1, That there is hereby created a Civilian Defense Council, which Council shall be constituted, have the power, and perform the duties hereafter provided for when a declared public calamity or disaster exists within i this city® SECTION 20 Whenever a public calamity or other disc aster exists within the City of Huntington Beach the Mayor of the City of Huntington Beach is hereby given the power and authority to declare that such disaster or calamity exists, and as soon thereafter as possible the City Council 4- shall meet in special session and the declaration of such 1 Mayor that a disaster or calamity exists shall constitute a call for the immediate convening of a special emergency meeting of the City Council at the Council Chambers, or at such other place as may be designated by the Mayor, and thereafter, until the termination of the emergency by a re— Solution of the City Council, Upon first convening in the 2 special emergency session of the City Council, it shall be the duty of the City Council to pass a resolution by a four fifths vote confirming the act of the Mayor in declaring the emergency, and declaring the calamity or disaster to exist, and the City Council does hereby ratify and approve any and all acts of the Mayor in such an emergency pending the first special emergency meeting. In the .event of the absence or inability of the Mayor to act when such an emergency exists, then the Chairman of the Police and Fire Committee shall have the same powers and duties as the Mayor of the City. SECTION 3. After the declaration of an :.emergency re- oulting from public calamity or disaster, the Mayor shall have the power to obligate the City of Huntington Beach for the pay— ment of any and all supplies, equipment , materials, food ser— vices or other necessities of life that may be necessary for the purpose of alleviating suffering of citizens or inhabitants of this city, and for the purpose of protecting such citizens or inhabitants from hardships, or property damage or loss, which may be anticipated in case such condition arises , and it shall be the duty of the City Council of the City of Huntington Beach to confirm and ratify -the acts of the Mayor acting dur- ing the condition of emergency in the absence of a previous express declaration to the contrary by the City Councils SECTION 46" For the purpose of expediting and facilita— ting the performance of the duties herein contemplated during I - such an emergency, the Civilian Defense Council shall consist of the following elective and appointive officials and other ,A persons as herein provided.- (1) General Chairman, who shall be ex-officio the Mayor of' Huntington Beach. (2) The Chief of Police of the City of Huntington Beach, who shall be in charge of all police work in connect ion with such emergency, including identification. (3) The Fire Chief of the City of Huntington Beach, who .�_ shall be in charge of fire protection, rescue work, demolition, air raid warning service, and matters pertaining to fire control® R) The City Attorney of the City of Huntington Beach, who shall act as legal advisor,, (5) The City Engineer, who shall be in charge of transport- ation, equipment , street and highway clearance, relief � I 0 -- housing, bomb shelters, and who shall have charge of I' personnel and coordinate all Veterans' organizations* (6) City Clerk, who shall be Secretary of the Civilian Defense Council; who shall have charge of the pur- chasing and distribution of supplies; and shall have charge of publicity and information. (7) Chief Life Guard, who shall have charge of First Aid and Shelter. That, in addition hereto, the, Mayor shall appoint , subject to the confirmation of the City Council, a Medical Officer, Direct- or of Public Welfare, and Director of Public Utilities. Said officers hereby created shall serve at the pleasure of the City d Council, and shall have the following duties; 4 (1) Medical Officer, who shall have charge of hospi- talization.. first aid, and sanitation throughout the City. (2) Director of Public Welfare, who shall be in charge of food supply. depots and the distribution of clothing and bedding, (3) Director of- Public Utilities, who shall have charge of continuation of service of lights, gas, water,. telem phone; replacement of service in event of damage; any and all matters pertaining to utility services. Each of the above named officers shall perform such additional duties as may be required of them by Resolution duly entered by, the City Council'. C Each member of said Committee shall have the I power to name and appoint an assistant who shall, in the absence. of such member, have the same powers as such. member. .SECTION 50 The City Council may appoint a Coordinator, which office is hereby created. Said Coordinator shall serve at the pleasure of the City Council, and shall receive such compen- sation as the City Council may,� by ordinance, provide , and shall act as General Manager of the Civilian Defense Council. With the consent of the City Council, said Coordinator may appoint an assistant, who shall receive such salary as the City Council may, by Ordinance provide. . SECTION 6. The City of Huntington Beach declares that it has faith and confidence in the willingness and ability of the . veterans of former wars of the United States to render aid and assistance in the event of an emergency, and therefore, declares that it is its intention to call upon all veteran organizations 5 �. I _ .scsy through American Legion Disaster Organizations to furnish the necessary reservoir of manpower to assist in carrying out the functions of government in the event of an emergency. SECTION 7. It shall be the duty, immediately upon the adoption of this Ordinance , of the members of the City of Hunt— ington Beach Civilian Defense Council to create and formulate plans for the cooperation between the several functions to be performed and formulate plans for performing the work incumbent upon them, to conduct surveys of material and equipment available, and to train volunteer workers to perform the several functions which may -be required of them. They shall also coordinate plans with other neighboring districts, cities and political subdivisions for such emergency® SECTION 8. Except as above provided in Section 7 hereof, said City of Huntington Beach Civilian Defense Council, or its members, as such, shall have no power or authority whatsoever unless and until -an emergency is declared to exist in the City of Huntington Beach, such emergency to be expressed by Resolution duly entered by four—fifths vote of the members of the City Council, the time and place of which all of the members of the Council shall have had reasonable notice. SECTION 9. In the event an emergency is declared it shall be the duty of the City of Huntington Beach Civilian Defense Council to immediately undertake the performance of their duties and to meet, either in person or through their named assistant , at a place to be designated by the Mayor, and shall coordinate and syhebrdhlze the wdr:K of the various members so as to prevent interference and duplication of effort , and to determine the degree of urgency of any work SECTION 106 The City Council of the City of Huntington a- Beach shall authorize and obtain uniforms, badges, arm bands or other insignia as a means of identification, and said uniform, badge or insignia shall be recognized by all police, fire and other officers as authority for the person wearing the same to pass any police or fire lines. Such uniforms, badges or insignia shall be retained by the City and the members of the City of Hunt— ington Beach Civilian Defense Council until an emergency exists when the same may be issued to any person working upon emergency, relief work. It shall be unlawful for any person not properly authorized by a member of the City of Huntington Beach Civilian Defense Council to wear or carry any such badge or insignia or any similar badge or insignia, and any person so carrying or wearing about his person without such authority any badge or insignia issued by the City of Huntington Beach for emergency relief work, or any replica thereof that may be taken for or confounded with such official badge or insignia, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Three Hundred Dollars ($300®00), or by imprisonment in the County: Jail for a period not to exceed ninety (90) days , or by both such fine and imprisonment, SECTION 11, Any person who fails or refuses to conform to the orders of any person lawfully wearing any such badge or insignia shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment in the County Jail for a period not to exceed ninety (90) days, OY by both such fine and imprisonment.- �. 7 i SECTION 12. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the rem maining portions of this Ordinance. The City Council of the City of Huntington Beach hereby declares that it would have passed this Ordinance and each sections. subsection, sentence , clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections , sentences, clauses or phrases thereof be declared unconstitutional or invalid® SECTION 13. That this Ordinance, being an emergency measure for the immediate preservation of the public peace, property, health and safety, which emergency is set forth and defined in the preamble thereto, shall take effect and be in force from and after the passage and adoption Thereof. SECTION 14. The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of ,four-fifths (4/5) of the members of the City Council, and shall thereafter for more public notice cause the same to be published by one in- sertion in the Huntington Beach. News, a newspaper of general circulation, printed, published and circulated in the City of -Huntington Beach., California. i PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular adjourned meeting thereof held on the loth day of December, 1941. i4 J ATT T o WQ YOR City Jerk �' _a �I r4 `I( STATE OF CALIFORNIA County of Orange ss: City of Huntington Beach I , C. R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex.!-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number of members of the City i Council of the City of Huntington Beach is five; that the forew going Ordinance was first read to said City Council at a regular- ly adjourned meeting thereof held on the 8th day of December, 1941, and was again read to said City Council at a regularly adjourned V meeting thereof held on the 16th day of December, 1941, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows: AXES: Councilmen: .NAMNFSfi C`�,$,j.T'.,, MORFNO TS .s. _ j , , NOES: Councilmen: None ABSENT: Councilmen: .TALBE.T I - 4ity C1 rk a ex-of fici Clerk of the City Council of the City of Huntington Beach, California. ® 9 :�