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HomeMy WebLinkAboutOrdinance #1757 ORDINANCE NO. 1757 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 43 THEREOF, AND ADDING NEW CHAPTER 43 ENTITLED, "CIVIL DEFENSE/EMER- GENCY SERVICES" 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 Chapter 43 of the Huntington Beach Ordinance Code is hereby repealed.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 new Chapter 43 entitled, "Civil De- fense/Emergency Services" to read as follows : CHAPTER 43 CIVIL DEFENSE/EMERGENCY SERVICES ARTICLE 431 Purposes 432 Definitions 433 Civil Defense and Disaster Council 434 Officers 435 Civil Defense and Emergency Services Plan 436 Civil Defense and Emergency Services Organization 437 Emergency Curfew 438 Expenditures 439 Punishment of Violations ARTICLE 431 PURPOSES 4311. PURPOSES . The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organi- zation; and the coordination of the emergency functions of this city with all other public agencies , corporations, organiza- tions and affected private persons . 1 . ARTICLE 432 DEFINITIONS 4321. DEFINITIONS . As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and prop- erty within this city caused by such conditions as air pollu- tion, fire , flood, storm, epidemic , riot , or earthquake , or other conditions , including conditions resulting from war or im- minent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services , personnel, equipment , and facilities of this city , requiring the combined forces of other political subdivisions to combat . 4322 . CIVIL DEFENSE . "Civil defense" shall mean the preparation for and the carrying out of all emergency func- tions , other than functions for which military forces are primarily responsible, to prevent, minimize, and repair in- jury and damage resulting from actual or threatened enemy attack. 4323 . DIRECTOR. "Director" shall mean the Director of Civil Defense and Emergency Services of the City of Huntington Beach. 4324 . CIVIL DEFENSE/EMERGENCY SERVICES ORGANIZATION. "Civil Defense/Emergency Services Organization" shall mean the organization that prepares for and carries out emergency plan- ning and civil defense and emergency operations by government , business and the community in general, in order to prevent , minimize and repair injury and damage resulting from actual or threatened emergency or civil defense . 4325 . CIVIL DEFENSE/EMERGENCY SERVICES PLAN. "Civil De- fence/Emergency Services 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 defense or emergency . ARTICLE 433 CIVIL DEFENSE AND DISASTER COUNCIL 4331 . MEMBERSHIP . There is hereby created a Civil Defense and Disaster Council , consisting of the director who shall be chairman, deputy director who shall be the vice chairman, Chief of Fire Department , or his representative , coordinator of Civil Defense/Emergency Services Planning and Training, and any city department head who may be appointed by the director, and rep- 2 . resentatives of civic , business , 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 re- view and recommend for adoption by the City Council, civil de- fense and emergency service plans , mutual aid plans and agreements , and such ordinances , resolutions , rules and regulations as are necessary to implement such plans and agreements . The Civil De- fense and Disaster Council shall be advisory in nature , and may present such advice and recommendations as it deems necessary . 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 OFFICERS 4341 . DIRECTOR. OFFICE CREATED. There is hereby created the office of Director of Civil Defense/Emergency Services who shall be the City Administrator of the City of Huntington Beach . 4342 . DEPUTY DIRECTOR. OFFICE CREATED. There is hereby created the office of Deputy Director of Civil Defense/Emergency Services who shall be the Assistant City Administrator of the City of Huntington Beach. 4343 . POWERS AND DUTIES ENUMERATED. The Director is hereby empowered to : (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven ( 7) days thereafter or the proclamation shall have no further force or effect . ( 2) Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the locally available re- sources are inadequate to cope with the emergency . (3) Control and direct the effort of the emergency organi- zation of this city to accomplish the purpose of this chapter. (4) Direct cooperation between and coordinate services and staff of the emergency organization of this city; and resolve 3 . questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or ri- p y g p pri- vate agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a local emergency , as herein provided, the proclamation of a state of emergency by the Governor or the Director of the state Office of Emergency Services , or the existence of a state of war emergency, the Di- rector 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 emergency; provided, however, such rules and regulations shall be confirmed at the earliest practi- cable time by the City Council. (b ) To obtain vital supplies , equipment, and such other properties found lacking and needed for the protec- tion of life and property and to bind the city for the fair value thereof and, if required immediately, to com- mandeer same for public use . (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency , to command the aid of as many citizens of this community as he deems nec- essary 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 disaster serv- ice workers . (d) To requisition necessary personnel or material of any city department or agency . (e) To. execute all of his ordinary power as City Ad- ministrator, of all special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council; all powers conferred upon him by any statute , by any agreement approved by the City Council, and by any other lawful authority . The Director of Civil Defense/Emergency Services shall designate the order of succession to his office to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency . Such order of succession shall be approved by 4 : the City Council. The Deputy Director shall, under the supervision of the Director, have such other powers and duties as may be assigned by the Director. (f) To appoint a coordinator of Civil Defense/Emer- gency Planning and Training who shall also be the Assistant Deputy Director of Civil Defense/Emergency Services . ARTICLE 435 CIVIL DEFENSE AND EMERGENCY SERVICES PLAN 4351. FORMULATION OF PLAN. The Director shall prepare and maintain, on a current basis, a Civil Defense/Emergency Services Plan as necessary to carry out the purpose of this chapter. The Civil Defense/Emergency Services 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 assign- ment 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/Emergency Serv- ices Organization. 4353 • ADOPTION OF AND AMENDMENTS . The Plan and amendments thereto shall be placed on file with the City Clerk by the Direc- tor, and approved or disapproved by the City Council within thirty (30) days of such filing. The Plan, and amendments , if any, shall be effective upon 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 emergency duties and functions to city agencies and personnel, the Director shall assign responsibilities to utilize to the maximum 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 autho- rized to seek assistance on a volunteer basis from persons out- side the city government . The Director shall assign duties to such persons , and grant the authority to carry out their respec- tive responsibilities during and after the occurrence of a dis- aster. 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- 5 • ever an emergency , as provided in this chapter, has been proclaimed. ARTICLE 436 CIVIL DEFENSE AND EMERGENCY SERVICES ORGANIZATION 4361 . CREATION OF CIVIL DEFENSE AND DISASTER ORGANIZATION. There is hereby created the Huntington Beach Civil Defense/Emer- gency Services Organization. All officers and employees of the city shall be a part of such organization. The Director shall train and organize all employees and officers of the city for purposes of maintaining the civil defense/emergency capability of the city . The Director is authorized to use volunteer forces during an emergency 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, which shall become a part of the plan, as specified herein. Before an operational plan may become a part of the Civil Defense/Emergency Services Plan, it must first be approved by the Director. The Director shall determine whether the operational plans are in conflict with the Civil Defense/Emer- gency Services Plan. If the operational plans are in conflict with the Civil Defense/Emergency Services Plan, the Director shall reject such operational plans . Each service chief shall be responsible for the care , for the maintenance , and for the 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 estab- lish an emergency curfew in the event of a local emergency , or when a disaster or state of emergency is declared by the Presi- dent of the United States or the Governor of the State of Cali- fornia. ARTICLE 438 EXPENDITURES 4381 . EXPENDITURES . Any expenditures made in connection 6 . with emergency activities including mutual aid activities , shall be deemed conclusively to be for the direct protection and bene- fit of the inhabitants and property of the City of Huntington Beach . ARTICLE 439 PUNISHMENT OF VIOLATIONS 4391. PUNISHMENT OF VIOLATIONS . It shall be a misde- meanor, punishable by a fine of not to exceed Five Hundred Dollars ($500 ) or by imprisonment for not to exceed six (6) months , or both, for any person during an emergency to : (a) Wilfully obstruct , hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the per- formance of any duty imposed upon him by virtue of this chapter . (b ) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such act is of such a na- ture 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 there- of. (c) Wear, carry, or display , without authority, any means of identification specified by the emergency agency of the state . 4392 . SEVERABILITY . If any section, subsection, sentence , clause , phrase or portion of this chapter, or any future amend- ments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause , phrase or por- tion or any future amendments or additions thereto, irrespective of the fact that any one or more sections , subsections , clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 3 . The provisions of this ordinance 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 restatements and continuations and not as new enactments . Further, the status of volunteer shall 7 . not be affected by repeal, nor shall civil defense and emergency mutual aid plans and agreements , rules and regulations , or reso- lutions , adopted pursuant to the repealed ordinance be affected by such repeal until amended, modified or superseded by subse- quent legislative action of the City Council . SECTION 4 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. ,PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of July , 1972 . Mayor ATTEST: Paul C. Jones By4J& City Clerk Assistant City Clerk APPROVED AS TO FORM: .,,� Cdf y Att me 8 . Ord. N,o. 1757 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL 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 19th day of June 19 72 , and was again read to said City Council at a regular meeting thereof held on the 3rd day of July , 19 72 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs Paul C. Jones II. PAUL C. JONES, CITY CLERK of the City of City Clerk and ex-officio Clerk Huntington Beach and ex-officio Clerk of the City of the City Council of the City Council, do hereby certify that this ordinance has of Huntington Beach, California been publish in e Hugtington Beach News on - --------------•---- 19., In accordan with e City Charter of said City. e,_ Ate+ C. JONES BY --•• - ----------- - - -- Clerk Assistant City Clerk Deputy City Clerk