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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 0 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: -'1- Ord- 5.69 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, -2- Ord. 569 . 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 -3- Ord. 569 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 t 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 _5_ OiU s 767 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 -6- Ord. K69 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 -7- Ord, 569 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 -8- Ord. 569 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 -9- 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 -10-