HomeMy WebLinkAboutOrdinance #569 •
ORDINANCE NO. 569
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, CREATING A CIVIL DEFENSE AND
DISASTER COUNCIL, DEFINING THE POWERS AND
DUTIES THEREOF, CREATING THE OFFICE OF
DIRECTOR OF CIVIL DEFENSE AND DISASTER,
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
WHEREAS , the President of the United States has
declared a state of national emergency; and
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WHEREAS , the National Security Resources Board of the
. Federal government has recently published its plan for the
civil defense of the country, and the State of California,
acting in accordance with the Federal plan, has enacted and
made immediately effective the Civil Defense Act of 1950, and
both the Congress and the Legislature have adopted comprehen-
sive civil defense and disaster laws, and both Federal and
State plans contemplate immediate adoption of such local legis-
lation as is necessary to put into operation a coordinated and
/ effective civil defense and disaster program so that each
citizen and each community will be ready in the event of a
disaster to afford as complete protection as is possible to
life and property; and
WHEREAS, in order that the laws of this city relating
to civil defense and disaster may be brought into conformity
with the Federal and State plans at the earliest possible
date, it is necessary that this ordinance take effect immedi-
ately:
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NOW THEREFORE , in and by the above preamble and state-
ment, the City Council declares and defines that an emergency
exists necessitating the following ordinance for the immediate
preservation of the public peace, property, convenience, health
and safety.
WHEREFORE , the City Council of the City of Huntington
Beach do ordain as follows:
Section 1. 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 activ-
ities, including mutual aid activities, shall be deemed con-
clusively to be for the direct protection and benefit of the
inhabitants and property of the City of Huntington Beach.
Section 2, DEFINITIONS. A. Civil Defense. As used
in this ordinance, the term "civil defense" shall mean the
preparation 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
damage resulting from disasters. It shall not include, nor
does any provision of this ordinance apply to any condition
relating to a labor controversy.
B. Disaster. As used in this ordinance, the term
"disaster" shall mean actual or threatened enemy attack,
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. sabotage , extraordinary fire, flood, storm, epidemic , riot,
earthquake or other similar public calamity.
Section 3. CIVIL DEFENSE AND DISASTER COUNCIL.
MEMBERSHIP. The Huntington Beach Civil Defense and Disaster
Council is hereby created and .shall consist of the following:
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 such other duties 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,
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 ad-
vice and consent of the City Council.
Section 4. CIVIL DEFENSE AND DISASTER COUNCIL. POWERS
AND DUTIES . It shall be the duty of' the Huntington Beach Civil
Defense and Disaster Council, and it is hereby empowered, tq
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
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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, and shall serve at the .pleasure of the City Council.
The Director is hereby empowered:
A. to request the City Council to proclaim the
existence or threatened existence of a disaster and the term-
ination thereof, if the City Council is in session, or to issue
such proclamation if the City Council is not in session, sub-
ject to confirmation by the City Council at the earliest prac-
ticable time;
B. To request the Governor to proclaim a state of
extreme emergency when in 'the opinion of the Director the re-
sources 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 this city for the ac-
complishment of the purposes of this ordinance;
D. To direct coordination and cooperation between
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divisions, services and staff of the civil defense and disas-
ter 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 organi-
Ord. 569
• zation 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
reasonably 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 f or public use;
C. To require emergency services of any city officer
or employee and, in the event of the 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 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;
D. To requisition necessary personnel or material of
any city department or agency;
E. to execute all of his ordinary powers and duties ,
all of the special powers conferred upon him by this ordinance
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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 Sec-
tion 38791 of the Government Code, to exercise complete author-
ity 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 by agreement or
operation of law, including persons pressed into service under
the provisions of Sec. 6 (c) of this ordinance, be charged
with duties incident to the protection of life and property in
this city during such disaster, shall constitute the civil
defense and disaster organization of the City of Huntington
Beach.
Section 8. DIVISIONS, SERVICES AND STAFF OF THE CIVIL
DEFENSE AND DISASTER ORGANIZATION. The functions and duties of
the Huntington Beach civil d efense and disaster organization
shall be distributed .among such divisions , services and special
staff as the city council shall prescribe by resolution.
The City Council shall concurrently with the adoption
of this ordinance , adopt a resolution setting forth the form of
organization, establishment and designation of divisions and
services, the assignment of functions, duties and powers, the
designation of officers and employees. Insofar as possible,
the form of organization, titles and terminology shall conform
to the recommendations of the Federal government and the Civil
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Defense agency of the State of California.
Section 9. PUNISHMENT OF VIOLATIONS. It shall be a
misdemeanor, 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. Wilfully 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 ord-
inance , 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 regu-
lations 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 this city, or to prevent, hinder or delay the defense or
protection thereof;
C. To wear, carry or display, without authority, any
means of identification specified by the civil defense and
disaster agency of the state.
Section 10. REPEAL OF CONFLICTING ORDINANCES.
Ordinance No. 447, entitled "An Ordinance of the City Council
of the City of Huntington Beach, California, Creating a Civilian
Defense Council for the Safeguarding of Life, Health and Prop-
erty, and Repealing Ordinance No. 437 of the City of Hunting-
ton Beach, California" , as amended; Ordinance No. 448 entitled
"An Ordinance of the City Council of the City of Huntington
Beach, California, Relating to Air Raid Precautions" , as
amended; Ordinance No. 453 entitled "An Ordinance of the City
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of Huntington Beach, California, Declaring a Certain Portion
of said City Closed to Public Travel"; Ordinance No. 455 en-
titled "An Ordinance of the City of Huntington Beach, Cali-
fornia, Establishing a City Defense Council and Describing
Its Duties and Its Responsibilities" ; Ordinance No. 456 en-
titled "An Ordinance of the City of Huntington Beach, Califor-,
nia, Establishing a Civilian Protection Corps and Providing
for an Emergency Control Center Within Said City" ; Ordinance
No. 463 entitled "An Ordinance of the City of Huntington Beach,
California, Declaring and Defining an Emergency to Exist, and
Adopting Proclamation No. 10 as Amended Regulating Lighting" ;
Ordinance No. 467 entitled "An Ordinance of the City of Hunting-
ton Beach, California, Creating a Citizens ' Service Corps
Providing the Organization, Powers and Duties Thereof" , as
amended; Ordinance No, 528 entitled "An Ordinance of. the City
Council of the City of Huntington Beach Creating a Disaster
Council" ; and all other ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed;. pro-
vided, however, that it is the intent of the City Council in
enacting this ordinance that it shall be considered a revision
and continuation of Ordinance No. 528 .repealed by this ordin-
ance , and the status of volunteers , shall not be affected by
such repeal; nor shall civil defense and disaster mutual aid
plans and agreements, rules and regulations or resolutions
adopted pursuant to such repealed ordinance be affected by
such repeal until amended, modified, or superseded as provided
in this ordinance.
Section 11. SEVERABILITY. If any provision of this
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ordinance or the application thereof to any person or circum-
stance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance 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. 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 hereto, shall take effect and be in force from
and after the passage and adoption hereof.
Section, 13, The City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
same to be published by one insertion in the Huntington Beach
News , a weekly newspaper, printed, published and circulated in
the City of Huntington Beachj California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, this 1 th day of February, 1951.
J L J
Mayor
ATTEST:
i y rk
By d
Deputy Ci PyyClerk
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Ord o 569
STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach )
I, JOHN L. .HENRICKSEN, 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, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach 'is five; that the foregoing
ordinance was first read to said City Council at a regular
adjourned
/meeting thereof held on the 9th day of February, 1951, and
was again read to said City Council at a' regular meeting there-
of held on the 19th. day of February, 1951, and was passed and
adopted by the affirmative vote of more than a majority of all
the members of said City Council as follows:
AYES: Councilmen:
Talbertm .Greer .Seabridgeg, LeBard, Lanaenbeck
NOES : Councilmen-:
None
ABSENT: Councilmen:
None
i
itSr,,Clerk and ex-officio Clerk
L of the City Council of
the Cit o Huntin yneach, alif ia.
By
Deputy City Clerk
i
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