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HomeMy WebLinkAboutOrdinance #1503 ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 43 THEREOF, AND ADDING THERETO A NEW CHAPTER 43 CONTAINING A DISAS- TER PLAN FOR SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Chapter 43 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 43 to read as follows : CHAPTER 43 DISASTER PLAN ARTICLE 431. Purposes 432 . Definitions 433 . Civil Defense and Disaster Council 434 . Director of Civil Defense and Disaster 435 . Civil Defense and Disaster Plan 436 . Civil Defense and Disaster Organization 437 . Emergency Curfew 438 . Punishment of Violations 439 • Severability ARTICLE 431 PURPOSES 4311 . PURPOSES . The declared purpose of this chapter is to provide for the centralized direction and control of disaster preparations and operations; the duties, responsibili- ties and activities of all persons , organizations , departments of city government, and officers and employees of the city per- forming services or rendering aid in the event of an emergency arising out of a disaster, and to enable the city to cooperate more effectively with political subdivisions, municipal cor- porations , and other public agencies of the State of California in preparing to cope with and guard against conditions which may result in extreme peril to life and property and the re- sources of the city, as* the needs of the citizens of the city 1. may demand in the event of a disaster; and to assist, coordi- nate and cooperate with the civil defense and disaster organi- zations and authorities of the State of California and the federal government for the successful carrying out of civil defense . It is further hereby declared that any expenditures made in connection with such civil defense and disaster activi- ties , 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. ARTICLE 432 DEFINITIONS 4321. ACTIVATED or ACTIVATION shall mean the placing into operation, and the entering upon active duty, of the civil defense and disaster organization hereinafter provided for, upon receipt of official warning of an impending or threatened attack, or upon the proclamation of the director, declaring the existence of a disaster. 4322 . 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 actual or threatened enemy attack. It shall not include nor apply to any condition relating to a labor controversy . 4323 . DIRECTOR, shall mean the Director of Civil Defense and Disaster of the City of Huntington Beach. 4324 . DISASTER shall mean acts of national enemies , in- cluding enemy attack or threatened attack by land, sea or air; acts or threatened acts of sabotage; acts or threatened acts of civil disturbance or riot; floods , fires , earthquakes, pesti- lence, tornadoes , or other acts of God, or other similar public calamities which threaten danger to or loss of life or property . It shall not include or apply to any condition relating to a labor controversy. 4325 . DISASTER ORGANIZATION shall mean the organization that prepares for and carries out emergency planning and civil defense and disaster operations by government, business and the community in general, in order to prevent, minimize and repair injury and damage resulting from actual or threatened disaster or civil defense . 4326 . DISASTER PLAN shall mean a written document which provides for the full utilization of all resources of the City of Huntington Beach, both human and material, during civil de- fense or disaster. 2 . ARTICLE 433 CIVIL DEFENSE AND DISASTER COUNCIL 4331 . MEMBERSHIP . There is hereby created a civil de- fense and disaster council, consisting of the Director who shall be chairman, Deputy Director who shall be the vice chairman, City Attorney, or his representative, Coordinator of Disaster Planning and Training, and any city department head as may be appointed by the Director, and representatives of civic, busi- ness , labor, veterans , professional, or other organizations, not to exceed five (5) in number, as may be appointed by the Director. 4332 . POWERS AND DUTIES . It shall be the duty of the civil defense and disaster council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and disaster plans , 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 is only advisory in nature, and it may present such advice and recommendations as it deems nec- essary . The civil defense and disaster council shall meet upon call of the chairman, or in his absence or inability to call such meeting, upon the call of the chairman ' s authorized representative or the vice chairman. ARTICLE 434 DIRECTOR OF CIVIL DEFENSE AND DISASTER 4341. DIRECTOR OF CIVIL DEFENSE AND DISASTER. There is hereby created the Office of Civil Defense and Disaster, a divi- sion of the City Administrator' s office . The City Administrator shall be the Director of Civil Defense and Disaster. The Assistant City Administrator shall be the Deputy Director of Civil Defense and Disaster. 4342 . POWERS AND DUTIES . The Director is hereby em- powered as follows : 4342 . 1. SAME. ISSUANCE OF PROCLAMATION OF DISASTER. To request the City Council to proclaim the existence or threatened existence of a disaster, and termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time . 4342 . 2 . SAME. GOVERNOR REQUESTED TO PROCLAIM DISASTER. To request the Governor of the State of California to proclaim a 3 . state of disaster or a state of extreme emergency when, in the opinion of the Director, the resources immediately available to the city are inadequate to cope with the disaster or emergency . 4342 . 3 . SAME . CONTROL AND DIRECTION OF ORGANIZATION. To control and direct the efforts of the disaster organization of this city for the accomplishment of the purposes of this chapter. 4342 . 4 . SAME. COORDINATION OF CITY DEPARTMENTS . To di- rect coordination and cooperation among departments , divisions, services and staff of the disaster organization of this city , and to resolve questions of authority and responsibility that may arise. 4342 . 5 . SAME. REPRESENTATION OF CITY . To represent the disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. 4342 . 6 . SAME. APPOINTMENT OF COORDINATOR . To appoint a Coordinator of Disaster Planning and Training who shall also be the Assistant Deputy Director of Civil Defense and Disaster.. 4342 . 7 . SAME. PREPARATION OF DISASTER PLAN. To prepare and maintain, on a current basis , a disaster plan, according to the provisions of Article 435. 4342 . 8 . SAME. IMPLEMENTATION OF DISASTER PLAN. To im- plement the disaster plan, in whole or in part, at such times as he deems necessary . 4343 . ADDITIONAL POWERS AND DUTIES . In the event of the proclamation of a disaster, as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the governor or any person who may lawfully issue such proclamation, the Director is hereby empowered, within limitations provided by the city Charter, ordinances and laws applicable to the city, to do the following: 4343 . 1. SAME. RULES AND REGULATIONS . To put into effect rules and regulations under the disaster plan, and to make and issue additional rules and regulations on matters reasonably re- lated to the protection of life and property, as affected by such disaster; provided, however, such additional rules and regula- tions must be confirmed at the earliest practicable time by the City Council. 4343 . 2 . SAME. EQUIPMENT AND SUPPLIES . To obtain, or appropriate private property, vital supplies , equipment, and such other properties found lacking and needed for the protec- tion of the life and property of the people, and bind the city for the fair market value thereof. 4 . 4343 . 3 . SAME. EMERGENCY SERVICE. CITY EMPLOYEES . To re- quire emergency services of any city officer or employee . If city employee forces are deemed inadequate, the Director may use the services of citizen volunteers . All such persons ren- dering emergency service shall be entitled to all privileges , benefits and immunities as are provided by state law for registered civil defense and disaster workers . 4343 . 4 . SAME. EMERGENCY SERVICE. PRIVATE CITIZENS . 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 service volunteers . 4343. 5 . SAME. CITY PERSONNEL AND MATERIEL. To requi- sition necessary personnel or materiel of any city department or agency . 4343 . 6 . SAME. EXERCISE OF POWERS . To execute all of his ordinary power as City Administrator, all of the special powers conferred upon him by this chapter, 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 Con- stitution and general laws . 4344 . CITY PERSONNEL TO RENDER ASSISTANCE. Each officer, board, department and employee of the city shall render all possible assistance to the Director in carrying out the provisions of this chapter. While engaged in emergency services, officers and employees of the city shall be deemed to be engaged in their regular duties, and pursuant to the provisions of this chapter shall not receive any additional compensation for such services beyond their regular and over- time salaries . 4344 . 1. SERVICES RENDERED WITHOUT COMPENSATION. All per- sons, other than officers or employees of the city, rendering services pursuant to the provisions of this chapter, shall serve without compensation from the city . While engaged in such service, they shall have the same immunities as officers and employees of the city performing similar duties . 4344 . 2 . CONFLICT OF ORDERS . In the event any direction, order or instruction given or issued by any officer, board or person under the provisions of this chapter conflicts with a direction, order or instruction given to the chief of any di- vision by any other duly constituted authority, the matter shall be referred to the Director for determination and decision as 5 • to which direction, order or instruction shall govern. ARTICLE 435 CIVIL DEFENSE AND DISASTER PLAN 4351. FORMULATION OF PLAN. The Director shall prepare and maintain, on a current basis , a disaster plan as necessary to carry out the purposes of this chapter. The disaster plan shall be consistent with plans of the State of California and the federal government, and shall hereafter be referred to as "the Plan. " 4352 . CONTENTS OF PLAN . The Plan shall set up the as- signment of emergency duties and functions of all city agencies and employees, and volunteer organizations , as well as the lines of succession of the members of the Civil Defense and Disaster Organization. 4353 . ADOPTION OF AND AMENDMENTS . The Plan and amend- ments thereto shall be laced on file with the City Clerk b p y y the Director, and approved or disapproved by the City Council within thirty (30) days of such filing. The Plan, and amend- ments , if any, shall be effective upon their filing with the City Clerk unless disapproved by the City Council within thirty (30 ) days of such filing. 4354 . ASSIGNMENT OF DUTIES AND FUNCTIONS . In assigning disaster duties and functions to city agencies and personnel, the Director shall assign responsibilities to utilize to the maxi- mum the skills and talents of city employees . When the requisite skill or talent for a particular responsibility is not available within the city government , the Director is authorized to seek assistance on a volunteer basis from persons outside the city government . The Director shall assign duties to such persons , and grant the authority to carry out their respective responsi- bilities during and after the occurrence of a disaster. 4355 . EFFECT OF PLAN. The Plan shall be binding upon all agencies of city government, its employees and registered volun- teer disaster service workers , and have the effect of law when- ever a disaster, as provided in this chapter, has been proclaimed or extreme emergency . ARTICLE 436 CIVIL DEFENSE AND DISASTER ORGANIZATION 4361. CREATION OF CIVIL DEFENSE AND DISASTER ORGANIZATION. There is hereby created the Huntington Beach Civil Defense and Disaster Organization. All officers and employees of the city 6 . shall be a part of such organization . The Director shall train and organize all employees and officers of the city for pur- poses of maintaining the civil defense and disaster capability of the city . The Director is authorized to use volunteer forces during a disaster, including but not limited to groups , organi- zations and persons who by agreement or by operation of law are charged with the duty to protect the life and property of persons within the city during a disaster. 4362 . SERVICE CHIEFS . APPOINTMENT AND DUTIES . The Plan, as set out in this chapter, shall provide for the appointment of service chiefs who shall be responsible for the carrying out of all duties and functions assigned in the disaster plan. Duties of service chiefs shall include the organization and training of city officers , employees and volunteers . Each service chief shall formulate an operational plan for his particular service . Each such operational plan, formulated by a service chief, shall be- come a part of the . disaster plan, as specified herein. Before an operational plan may become a part of the disaster plan, it must first be approved by the Director. The Director shall determine whether the operational plans are in conflict with the disaster plan. If the operational plans are in conflict with the disaster plan, the Director shall reject such operational plans . Each service chief shall be responsible for the care, maintenance and proper use of any special equipment or property which may be ob- tained by or assigned to him from time to time by the Director. ARTICLE 437 EMERGENCY CURFEW 4371 . CURFEW. The Director is hereby empowered to es- tablish an emergency curfew in the event of a disaster, or when a disaster or state of emergency is declared by the President of the United States or the Governor of the State of California. ARTICLE 438 PUNISHMENT OF VIOLATIONS 4381 . PENALTY. It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500) , or by imprisonment for a period not to exceed one (1) year, or both, for any person during a disaster: 4382 . VIOLATIONS ENUMERATED . Wilfully to obstruct, hinder or delay any member of the disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon such member by virtue of this chapter or the disaster plan. 7 . 4383 . SAME . To do any acts forbidden by any lawful rule or regulation issued pursuant to this chapter, including the disaster plan, if such act is of a nature as to give, or be likely to give, assistance to the enemy or imperil the lives and property of other .inhabitants , or delay the defense or protection of the inhabitants . 4384 . SAME. USE OF UNAUTHORIZED IDENTIFICATION. To wear, carry or display, without authority, any means of identi- fication specified by the Civil Defense and Disaster Organization. ARTICLE 439 SEVERABILITY 4391. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is , for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Huntington Beach hereby declares that it would have passed this chapter, and each article, section, sub- section, sentence, clause or phrase thereof irrespective of the fact that any one or more of the articles , sections , subsections , sentences , clauses or phrases be declared invalid or unconsti- tutional . SECTION 3 . The provisions of this chapter insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as a restatement and continuation and not as a new enactment . Further, the status of volunteers shall not be af- fected by such repeal, nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations , or resolutions , adopted pursuant to such repealed chapter, be affected by such repeal until amended, modified or superseded by subsequent legislative action of the City Council. SECTION 4 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and within fifteen days of its adoption, cause same to be published in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City 8 . Huntington Beach at a regular meeting thereof held on the 16th day of June 1969 . Mayor ATTEST: City rk APPROVED AS TO FORM: O City Attorney 9 Ord. No® 1503 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , FAUL C. JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd_„day of June , 19 69 and was again read to said City Council at a regular meeting thereof held on the 16th day of June , 1969 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council® AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matne y. Coen. Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California 1, PAUL C. JONES, CITY CLERK of the City of Hunnngton Beach and ex•officio Clerk of the City Council, do hereby certify that this ordinance has hed in the Huntington Beach New on beenrp nli -jr� •-- 19 -...._ In a nce wit the City (' arter of said City. - . .............. City Clerk ZieXfy City Clerk