HomeMy WebLinkAbout38.42 ORDINANCE NO. 38.42
AN ORDINANCE AMENDING CHAPTER 5 OF
THE SARATOGA CITY CODE RELATING TO
CIVIL DEFENSE AND DISASTER EMERGENCY
ORGANIZATION AND .FUNCTIONS.
The City Council of the City o'f Saratoga does ordain as
follows:
Section 1: Sections 5-1 through 5-10, inclusive, contained
in Chapter 5 of the Saratoga City Code are
hereby repealed. Provided, that it is the intent of the
City Council in enacting this Ordinance that it shall be
considered a revision and continuation of the ordinance
repealed by this Ordinance, and the status of volunteers
shall not be affected by such repeal; nor shall 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pursuant to such repealed ordinance be affected by such
repeal until amended, modified, or superseded as provided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 2: ~Sections 5-1 through 5-11, inclusive, are hereby
added to Chapter 5' of the Saratoga City Code to
read as follows:
Chapter 5
Civil Defense.and Disaster
Section 5-1: PURPOSES The declared purpOses,of this
Chapter are to provide for the preparation
and carrying out of plans for the protection of persons
and property within this City in.theevent of an emergency;
the direction of the emergency organization; and the
coordination of the emergency functions of this City with
all other public agencies, corporations, organizations
and affected private persons.
SectiOn 5-2: DEFINITION' 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 property within this City caused
by such conditions as air pollution, fire, flood, storm,
epidemic, riot, or earthquake, or other conditions, including
conditions resulting from war orimminent threat of war,
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.
Section 5-3: DISASTER COUNCIL MEMBERSHIP The Saratoga
Disaster Council is hereby created and shall
consist of the members of the City Council. The Mayor
shall be Chairman. The Mayor Pro Tem shall be Vice Chairman.
Section 5-4: -'DISASTER COUNC~L~P~RS AND DUITIES It shall
be the duty of the Saratoga Disaster Council,
and it is hereby empowered, to develop and recommend for
-1-
adgption by the City Council, emergency and mutual
aid plans and agreements and such ordinances and
resolutions and rules ~nd regulations as are necessary
to implement such plans and agreements. The Disaster
Council shall meet uponcall'of the Chairnmn or, in
his absence from the City or inability to call such
meeting, upon call of the Vice-Chairmanl
~ection 5-5: DIRECTOR OF EMERGENCY SERVICES There is
hereby created the office o~ Director of
Emergency Services. TheCityManager shall be the
Director of Emergency Services. There is hereby created
the office of Assistant Director of Emergency Services
who shall be the Planning Director. The Assistant
Director shall exercise all powers vested by this Chapter
in the Director in the ~vent of the absence or
incapacitation of the Director.
Section 5-6: POWERS AND DUTIES OF THE DIRECTOR OF
EMERGENCY SERVICES
a. The Director of Emergency Services is hereby
empowered to:
(1) Request the City Council to proclaim the
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 shalltake
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 resources are inadequate to cope
with the emergency.
(3) Develop emergency plans with the
assistance of en~rgency service chiefs for consideration
by the Disaster Council and manage the emergency programs
of this City.
(4) .Control and direct the effort of the
emergency organization of this City for the accomplish-
ment of the purposes of this Ordinance.
(5) Direct cooperation between and
coordination of services and staff of the emergency
organization of this City and resolve questions of
authority and responsibility that may arise between them.
(6) Represent this City in all dealings
with public or private agencies on matters pertaining to
emergencies as defined herein.
b. 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 DirectOr is hereby
empowered to:
(1) Make and issue rules and regulations
on matters reasonably related to the protection of life
and property as affected by such emergency; provided,
-2-
however, such rules and regulations~<~be confirmed or
(2) Obtain vital supplies, equipment
and such other properties found lacking and needed for
the protection of life and property and to bind the City
for the fair value thereof and, if required immediately,
to commandeer the same for public use;
(3) Require emergency services of any
City officer or em loyee and, in the event of the
proclamation of a ~state of emergency" in the county in
islocated or the existence of a state
which t.his City "
of war emergency", to command the aid of as many citizens
of this community as he deems 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 disaster service workers;
(4) Requisition necessary personnel or
material of any City department or agency; and
· (5) Execute all his ordinary powers as
City Manager, all of the special powers conferred upon
him by this Ordinance or by resolution or emergency
plan pursuant hereto adopted by the City Council, all
powers conferred upon him by any statute, by an
agreement approved by the City Council, and by any other
lawful authority.
c. The Director of Emergency Services shall
designate the order of succession to that office, to
take effec·t 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 the City Council.
d. The Assistant Director shall, under the
supervision of the Director and with the assistance of
Emergency Service chiefs, develop emergency plans and
manage emergency programs of this City; and shall have
such other powers and duties as may be assigned by the
Director.
Section 5-7: EMERGENCY ORGANIZATION All officers and
[~mployeesof this City, together with those
volunteer forces enrolled to aid them 'during
emergency, and all groups, organizations, and persons
who may, by agreement or. operation of law, including
persons impressed'into service under'the'provisiOns of
Section5-6.b (3), be charged With duties incident to
the protection of life and property'in this City during
such emergency, shall constitute the emergency organi-
zation of the City of Saratoga.
Section 5-8: EMERGENCY~PIAN The Saratoga DisaSter Council
shalr be responsible for the development
of the City of Saratoga emergency plan, which plan shall
provide for the effective mobilization of all the resources
of this City, both public and private, to meet any
condition constituting a "local emergency", "state of
, ,
emergency' , or "state of war emergency '; and shall provide
for the organization, powers and duties, services, and.
~3-
Staff df the emergency organization. Such plans shall
take effect by final adoption of resolution of the
City Council.
Section 5-9: MUTUAL AID It is the purpose of the City
Council in.enacting this Ordinance to
facilitate 6he rendering of mutual aid to and fort he
people of this City. Emergency Plans adopted and approved
by the City Council shall provide .for the interchange of
m~tual aid and ~or c6ordination With the em~'rgency-
pla~s of the.County OperatiOnal Area.
Sectlob 5~10: EXPENDITURES Any·expenditures made .in
connection with emergency activitieS,.
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 Saratoga'.
Section 5-11: PUNISHMENT OF VIOLATIONS It shall be
unlawful ~orany person,.during an
emergency to:
a. Wilfully:obstruct,' hinder,' or'delay any
member of the emergency orginization in the enfdrcement
of any lawful rule or regulation issued pursuant. to
this Chapter, or, in the performande 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.
c. W~ar, carry or dispia~,! without authority,
any means of identification spedified by the emergency
agency of the State.
Section 3: This ordinance shall take effect and become
effective ~hirty (30) days freman'd after its
passage.
Section 4: Ifany ~ection, subsection, sentence clause or
p~rase o~.this Ordinance is for any reason held'~y a ~ou, t
of competent jurisdiction. to be invalid, such decision shall
not affect the validity'of the remainfhg portions of this
Ordinance. The City Council of the City of'Saratoga hereby
declares that it would have passed this ordinance and each
section, subsection, sentence, clauseand phrase-of'this
ordinance, irrespective .of. the fact that any one or more
sections, subsections, sentences, clauses or phrases be held'
invalid or unconstitutional.
The above and foregoing Ordinance was passed and adopted by
the City CounCil of the City of Saratoga at a regular meeting held
on the 1st day Of S~p~mber , 1971.
AYES: .Cbhhcilmen Robbins, Smith, Dwyer, Bridges
NOES: None ~ ~ ~
Mayor
~ ABS T: Councilman Sanders ~
The a, Ove an~g~re oln Is a true and corredt .
copy ~-' c~!~a:~o ~' zq/-P- which' has bejt.~.TEST. 7 '
pubt;;_,h.-,:' ..2cgrding to law.'
' Deput~ity Clerk ~ Date ' -4-