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HomeMy WebLinkAbout24 ORDINANCE NO. 24 AN ORDINANCE CREATING THE OFFICE OF DIRECTOR OF CIVIL DEFENSE AND DISASTER OF THE CITY OF SARATOGA AND MATTERS RELATING THERETO The City Council of'the City of Saratoga does ordain as follows: SECTION 1. PURPOSES. The declared purposes of this ordinance are to provide for the pr'eparation and carrying out of plans for the protection of persons and property within this city in the event of a disasters and to provide for the coordination of the civil defense ~nd disaster functions of this city with all other public agencies and affectted private persons, corporations and organizations. Any expendi.tures made in connection with such civil defense and disaster activities, including mutual aid acti- vities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Saratoga. SECTION 2, dDEF~T~QNS A. Civil Defense.; As used in this ordinance, the term "Civil defense" shall mean preparation fop and carrying out of all _emergency functions, other than functions for which military forces are primarily responsible, to prevents 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, sabotages extraordtnaryr'fires flood, storms epidemic, riot, earthquake or other similar public calamity. SECTION 3- CIVIL DEFENSE AND DISASTER COUNCIL MEMBERSHIP. The Saratoga Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The Mayors who shall be chairman and director of Civil Defense. B. A vice-chairman and assistant-director of civil defense, who shall be appointed by the Mayor with advice and consent of the city councilmen. He shall be under the direct supervision of the director, and shall deve'lop civil defense and disaster plans and organize the civil defense disaster program of this city, and shall have such other duties as may be assigned by the~jdirectors C. Such deputy di'rectors and chiefs of civil defense and disaster departments, services or divisions as are provided for by resolutfon pursuant to this ordinance D. Such representatives of civic, business, labors veterans, professional or other organizations having an offfcial group or organization civil. defense and disaster responsibility as may be appointed by the mayor with the advice and consent,;of the city council. -1- SECTION ~- CIVIL DEFENSE AND DISASTER COUNCIL. Powers and Duties- It shall be the duty of the Saratoga civil defense and disaster council, and it is hereby empowered, to review and recom- mend for adoption by the city council, civil defense and disaster and mutual aid plans and agreements and such ordinances and reso- lutions and rules and regulations as 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 inabtli. ty to call such meeting, upon the call of the vtcel 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 the Mayor of the City of Saratoga. The director is hereby empowered: A. To request the 'city council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, if the city council is in session, :or to issue such proclamation if the city council is not in session, subject to confirm- ation by the city council at the earliest practicable time; B. To request the Governor to proclaim a state of disaster or a state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the disaster; C- To control and direct the effort of th~ civil ~efense and disaster organization of this city for the accomplishment of the purposes of this ordinance~ D. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this city, and to resolve questions of authority and responsibility that may arise between them; E- ~o represent the civil defense and disaster organi- zation of this city, ~n~a~ dea~/~lgsqw~,~hi~ubl~ or p~at~t~'genateesper. t~[~i~yt~he~v~$ydef~nsebahd~n filtsm~ter. SECTION 6. In the event of the proclamation of addtsaster or emergency.as herein provided, or the proclamation of a state of disaster or a state: of extreme emergency by the Governor or the Director of the California Disaster Office, 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 re9ulations must be con- firmed 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 pro- tection of th~ life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use. -2- C. To require emergency services of any city officer or employee end:, in the event of the proclamation of a state of disaster or 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 shell be entitled to all privileges, benefits and im- munities as are provided by state law for registered civil defense and disaster service volunteers~ D-To requtstttonfinecessary personal or material of any city department or agency; To execute all.of his ordinary powers as Mayor, all of the special powers conferred upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agree- ment 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 pol'ice 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 volun- teer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may b~ agreement or operation of law, including persons pressed into. service under the provisions of Section 6-C of this ordinance, be charged with duties incident to the protection of life and property in this city durin9 such disaster, shall constitute the civil defense and disaster organization of the city of Saratoga. SECTION 8 DIVISIONS, SERVICE5=, AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION.. The functions and duties of the civil defense and disaster, organization shall be distributed among such dlvtsi'ons, 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 d~signation of officers and employees. Insolaf as ,possible, the form of organiza- tion, titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the Federal Government and 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 excee~ 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 ordinance, or in the per- formance of any duty imposed upon him by virtue of this ordinance; B. To do any act forbidden by any lawful rules or regulations issued pursuant to this ordinance, if such act is of such a nature as to 9ive 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 protec- tion 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. EFFECTIVE DATE. This ordinance is hereby declared to be an emergency meaMure necessary for the immediate preservation of the public peace, health~and safety, and shall take effect immediately. The following is a statement of the facts showing its urgency: Both the Congress of the United States and the Calif- ornia State Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate adoption of such local legislation 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. 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 neces- sary that this ordinance take eTfect immediately. SECTION 11. SEVERABILITY. If any provision of this ordinance or the applicatio'n thereof to any person or circumstances is held invalid, such invalidtty 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. This Ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this 1st day of October , 1958, by the following vote: AYES: Brazil, Jepsen, Langwill, Rosasco NOES: None ABSENT: G1 ennon ATTEST: The above and foregoin true and correct ~ ,_.~,;,~-~-:,~:~,. copy of Ordinance. Z~ is a ~;~ ~ ~-~ published according to law. ' which has been ~ ~~, Deputy City ~lerk E~-~, ~ ~'~ Date / :.