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HomeMy WebLinkAboutOrdinance No. 375ORDINANCE N0. 375 AN ORDINANCE OF THE CITY OF AZUSA CREATING A DEPARTMENT OF CIVILIAN DEFENSE AND PROVIDING FOR THE ORGANIZATION, POWERS AND DUTIES THEREOF. The City Council of the City of Azusa does ordain as follows: SECTION 1. Declaration of Policy. The United States Office of Civilian Defense has recommended basic changes in the organization and functions of local defense councils to meet present war needs. It has become increasingly evident that many new activities vital to the war effort require central direction and control b1 local civilian defense organizations operating as official agencies of local government. This is as true of programs designed to aid industrial and agri- cultural production, to conserve the available supply of consumer goods, to help maintain a stabilized economy and the highest possible standards of community health and welfare, as It is of programs for the protection of life and property against the hazard of enemy attack. Civilian defense now requires the active participation of every citizen. Defense council organizations established before the war in conformity with federal and state recom- mendations were intended to be planning and advisory agencies rather than operating agencies. It now becomes necessary to establish a civilian .defense organization designed to organize supervise and direct all municipal programs arising out of the war or which require organized community action. SECTION 2. Department of Civilian Defense. There is hereby established within the government of the City of Azusa a department to be known as the Department of Civilian Defense, (hereinafter referred to as the Department), which shall consist of: (A) A War Council; and (1) A Citizens Defense Corps, (2) A Citizens Service Corps, The Department J shall be subject. to direction and control by the War Council, as hereinafter provided. SECT2ON 3. War Council. The War Council shall consist of a member of the City Council, who shall be chairman, the Commander of the Citizens Defense Corps, the Director of the Citizens Service Corps, and the Coordinator for the War Council, which offices are here1gy created. Such offices shall be filled by appointment by the City Council, who shall also have the power of removal by a four -fifth vote of any of such appointees. Any vacancy in the War Council shall be fulled in the same manner as an original -appointment thereto. All appointments to run for two years. SECTION4. Powers and Duties of War Council. It shall be the duty of the War Council and it is hereby empowered under the direction of the War Council Chairmen. SECTION 4a. To initiate, coordinate and direct, except. as otherwise provided by this ordinance, all aftivities made necessary by the war which directly affect the city government or shich require organized community action. SECTION 4b. To perpare and. recommend for consideration by the City Councils, rules, regulations or ordinances with respect to any matter deemed by the War Council essential to the war effort: SECTION4c. To prepare and issue and administrative manual supplementing the provisions of this ordinance, dem fining procedures to be followed and powers and duties to be exercised by the officers and members of the Department, whether volunteer or otherwise. SECTION 4d. To enforce the lawful orders, and comply with the requests and recommendations of the federal or �. state government or any officer or agency thereof, when specifically requested to do so. Except asto the powers 1 -2 granted in Section 4b hereof, the War Council may delegate any of its powers, functions, or duties to the Coordinator for the War Council, the Commander of the Citizens Defense Corps, or the Director of the Citizens Service Corps. SECTION 4e. To request, and upon approval by the depart- ment head in charge thereof, to obtain the transfer of municipal personnel or property on either a temporary or permanent basis from any other department of the City . government. SECTION 4f. To perpare and recommend a.budget for the expenditure of moneys appropriated or made available to the department by.the city and of moneys received by the city , from private sources or from the state or federal government for any of the objects or purposes of the department, and to submit the same. for approval by the city council. •SECTION 4g. Within the limits of funds made available to the department, and subject to all applicable requirements of law or ordinance, the War Council shall have the power to employ necessary personnel, and to acquire by purchase or lease, such other facilities,.equipment and supplies as are necessary to carry out the:functions of the department. SECTION 5. Coordinator for the War Council. The Co- ordinator for the War Council (hereinafter referred to as the Coordinator) shall have the following powers and duties: The_Soordinator shall be the executive officer of the War Council and bhall.exercise such powers of general supervision over the activities of the department, including the Citizens Defense Corps and the Citizens Service Corps, as the War Council shall determine to be necessary to affect a proper coordination of their activities. -3- i . SECTION 5b. The Coordinator shall organize and direct the work of the following administrative agencies of the War Council: (1) A Volunteer Office, which shall serve as the recruiting office for the department. The Coordinator shall appoint a Director of.the Volunteer Office. No recruitment of volunteer personnel for either branch of the department shall be made except through the Volunteer Office. (2) A Training Division. The Coordinator shall appoint a Director of Training, who must be an experienced teacher. The Director of Training, with the approval of the Coordinator, shall •°s®lect a training staff of qualified ,and experienced teachers and skull develop necessary training facilities. The,Training DivitiosL shall be responsible for conducting all.training programs for the department. The Training Director may certify and recommend to the Co- ordinator and the War Council for approval and use such training facilities.as may now or hereafter be made available by other public or private agencies. All training courses must be reviewed by the Coordinator and approved by the War Council, and must be consistent with the applicable training regulations of the Federal Director of Civilian Defense. Persons volunteering and accepted for service in the department may be designated by the War Council as trainees,, pending satisfactory completion of their pres Bribed courses of training; provided, however,with.respect to trainees of the Defense Corps, the Commander, in case of emergency,may direct such trainees to report for active duty with their respective units and services of the corps. No person shall be appointed as a member of the department uh.til he has satisfactorily completed the prescribed . 4- course of training for his unit or service, if such a course has been prescribed. The Training Director shall certify to the Co- ordinator the name of each person satisfactorily completing his prescribed course of training. The Coordinator shall issue to each such person a certificate of completion of training and shall certify such person to the appropriate officer of the department for appointment. (3) A War Information Division, which shall have the duty of employing all local informational facilities for the promotion of the programs and activities of the de- partment. The Coordinator shall appoint a Director of the War Information Division, who shall have actual experience in at least one of the fields for dissemination of information. No press or radio release may be made by any member of the department and no published materials may be distributed until such release e materials has been reviewed by the War Information Division in accordance with rules to be estab- lished by .the War Council; SECTION 6. Citizens Defense Corps. The Citizens Defense Corps :shall consist of the Commander and the following services: (a) Staff of the Commander; (b) Emergency Fire Service;`:(c) Emergency Police Service; (d) Air Raid Warden Service; (e) Emergency Medical Service; (f) Emergency Public Works Service; (g) Emergency Utilities Service, including representatives of all essential public utility serviees, whether publically or privately owned; (h) Auxiliary Group. SECTION 7 Powers of the Commander. In addition to the powers and duties herein conferred, or which may be delegated tO him by the War Council, the Commander shall have the following powers and duties. In cities of the fifth and sixth class, operating under state law, no officer of the city government is now vested with such power as above referred to. The City -5- - , . _....1,;., . i ". Council has both legislative and executive power, except insofar as Section 880 of the municipal Corporations Act confers certain powers upon the chief of police to main.t&itin order. While there is no .express statutory authorization for the city councilito vest an officer of the city, such as the Commander of the Citizens Defense Corps, with emergency power, it must be assumed that the city council may byordinance provide for the exercises of such powers as may be necessary to cope with the realities of war. SECTION 7a. The Commander shalliorganize, supervise; and direct the Citizens Defense Corps, in conformity with policies established by the War Council. In the establishment of such policies consideration shall be given the recommen- dations. -of the Federal Director of Civilian Defense and other appropriate federal and state officers and agencies. SECTION 7b. In case of enemy attack or during a period of air raid alarm or during any emergency and until such time as the emergency created thereby shall be declared ended either by the Commander or by the city council,' the Commander shallhave complete authority over the city government, and he shall have the right to exercise all police power vested in the city by the constitution and the laws of the State of California, including power during such time to issue and enforce rules, regulations and orders which he considers neceasary for the protection of life and property: Whenever the Commander or the city Council shall declare the emergency to be ended, the rules, regulations or orders issued by the Commander during the period of the emergency shall be of no further force and effect unless the city council shall itself legislate thereon. -g_ r- SECTION'7c. The Commander shall hold periodic drills and such other tests of the effectiveness of the Defense Corps as may be necessary to assure its effective performance under emergency conditions. SECTION 7d. The Commander shall establish at some safe and enclosed place inthis citya control center, and alternate control center, and, if necessary, a district control center or centers, which shall b� used in times of emergency as the centers from which the Defense Corps shall be directed and coordinated. The Commander shall designate the persons who shall be present in the control center, or centers, during times of emergency and drills, including the Chiefs of the Emergency Services. No person shall be permitted to enter the control room during times of emergency unless he shall have a pass issued to him by the Commander. The Commander and the Chiefs of Emergency Services, with the approval of the War Council, shall designate deputies to take their pltces, exercise their powers and perform their duties in the control center in the event they are absent, or become incapacitated, or are otherwise unable to act. The Commander shall staff, equip and operate the control center and the Citizens Defense Corps as nearly in accordance with the re- commendations of the Federal Director of Civilian Defense as local conditions warrant. In the event this city is included in any plan for the operation of a control center over a larger area within which this city is included, which plan calls for the presence therein of a representative of any of the Emergency Services of this city, the Commander, with the approval of the War Council, may authorize the chief of any such :service or,a representative.desi6nated by him to participate in such a plan and report to such a control center. -7- SECTION S. Mutual Aid. The Commander, in accordance with the provisions of Chapter 323, Statutes of 1941, or other statutes authorizing joint exercise of powers, is hereby empowered to negotiate mutual aid agreements with the appropriate officers of other governmental agencies within a reasonable distance of this city and shall submit such proposed -agreements to the War Council for its approval and thereafter to the city council for final approval. Aid shall be given on behalf of the city in accordance with the terms of such agreements and may be given or requested only when authorized by the Commander. In the absence of such an agreement , whenever in the judgement of the Commander the public interest requires it, aid may be be dispatched to or requested from another governmental agency by the Commander. SECTION 9 Local Property Officer. The local property officer, (heretofore or hereafter) appointed by the War Council in conformity with regulations of the Federal Director of Civilian Defense, shall be under the direction and supervision ®:f the Commander. He is authorized and directed to receive, account for, and distribute, in accordance with the orders of the Commander not inconsistent with the terms of any agreement under which property was given or loaned to the city, any personal Property which has been or may hereafter be giben or loaned to the city for the protection of persons or property against air raids and other war hazard. The local property officer shall perform such other duties as may be delegated to him by the War Council or the Commander. SECTION 10. Citizens Service Corps. The Citizens Service Corps shall consist of the Director and the following divisions: (a) Division of Health, Welfake and Recreation; (b) Division of Transportation and Housing; (c) Salvage Division; (d) Division of Consumer Interest, (e) Division of Agricultural and Indus- trial Production; (f) Division of Schools and Education; and (g) Division of War Bonds and Stamps. A special unit of -g- C neighborhood and block leaders shall be attached to the staff of the Director. SECTION 10a. The Director shall organize, supervise, and direct the Citizens.Service Corps, in conformity with policies to be established by,the War Council. In the establishment of such policies, consideration shall be.given to the recommen- dations of the Federal Director of Civilian Defense, and other appropriate federal and state officers and agencies. SECTION 10b. In addition to the regular members of the divisions and units of the Service Corps, the Director, with the approval of the War Council, may establish volunteer auxiliary.forces to be attached to appropriate divisions and units of the Service Corps to assist the members of such divisions and units in the performance of their duties. Such auxiliaries, recruited for special, temporary or occasional duties, need not be required to take the oath of office and otherwise meet the requirements established for regular or special membership in the Service Corps, in accordance with rules and requirements established by the War Council. SECTION 11. Powers of appointment and removal. Except as otherwise provided in this ordinance, officers and members of the Citizens Defense Corps and Citizens Service Corps shall be subject to appointment and removal as follows: Chiefs of the Emergency Services and units and other officers and volunteer members of the Defense Corps shall be appointed by the Commander, with the approval of the War Council, except that the Chief of the Police Department shall be Chief of the Emergency Police Service and the Chief of the. Fire Department shall be Chief of the Emergence Fire Service. Chiefs of the divisions and units and other officers and volunteers members of the Service Corps shall be appointed by the Director with the approvai of the War Council. -9- 0 The Chiefs of the Emergency Services of the Defense Corps and Chiefs of the divisions of the Service Corps may reject any person recruited by the volunteer office who, in the opinion of the Chief, is not qualified to work in that Emergency Service or division. In accordance with the provisions of this ordinance and rules established.by the War Council, the Commander shall have power to remove any member of the Defense Corps and the Director shall have power to remove any member of the Service Corps; provided,.however, that this ordinance shall not vest in the Commander or the Director authority to remove from his regular employment any officer or employee of any other department of the city government assigned to, or who, in the normal course of his other duties, is made a member of any Emergency Service or division of the Defense Corps or Service Corps. The power of removal may be ddlegated by the Commander or the Director to the Chiefs of Emergency Services or divisions. SECTION 12. Services, Divisions and Units. The War Council shall.have7:the power to revise the emergency services of the Defense Corps and the divisions of the Service Corps as set forth above, to create.units within each of such services and divisions, -to create additional services, divisions, or units, and to abolish any service, division, or unit if, in the opinion of the War Council, the more efficient execution of the activities of the department re- quires such action. Emergency Services and units of the Defense Corps shall perform such duties as the Commander, with the approval of the War Council. may specify. Divisions and units of the Service Dorps shall perform such duties as the Director, with the approval of the War Council, may specify. The, War Council shall determine the number of members to be appointed to each of the Emergency Services _10_ of the Defense Corps and units thereof, and to each of the divisions of the Service Corps and units thereof. SECTION 13. Oath of Office. Every member of the Depart- ment of Civilian Defense shall take such oath of office as may be prescribed by the War Council at such time as the War Council shall determine.' SECTION 14. Identification. No member, trainee or auxiliary of the department shall wear or use any form of insignia authorized and prescribed by the Federal Director of Civilian Defense or the War Council unless and until he shall be authorized by the War Council.m in accordance with the regulations of the Federal Director of Civilian Defense or the War Council, to wear such insignia. No other person shall be entitled to wear or use such form of identification nor shall any other person represent himself to be a member of such department. Any person resigning or removed from his position as a member of the department to which he has, been appointed or ceasing to act for any reason, shall immediately surrender to.the person or agency from which the same was received, any arm band, card or other means of identification prescribed for persons appointed pursuant to this ordinance and all other equipment, materials or supplies entrusted to him by or on behalf of the city. Any person wearing or.possessing, without proper authorization, the forms of insignia or other methods of identification restricted to members of the department or who falsely represents himself to be a member of such department, shall be guilty of a misdemeanor and upon con- viction shall be punishable by fine of not to exceed $100.00 or imprisonment of not to exceed 30 days, or both. SECTION 15. Other Departments shall cooperate with the Department of Civilian Defense. Every department, commission, board , officer and employee of this city shall cooperate VV thaand assidt the D4partment of Civilian Defense and the -11- officers and employees thereof so as to enable thedepartmentt and the officers and employees thereof to accomplish the objectives of this ordinance. Every municipal agency and officer having jurisdiction over any off icer or employee of the city is hereby authorized to comply with any request from the War Council for the transfer of municipal personnel or property tb the Department of Civilian Defense. Every officer or employee of this city assigned to the Department of Civilian Defense for the performance of full-time or part-time duties shall perform said duties as a part of the official duties of his position and in the course of his employment , notwithstanding the provisions of any ordinances, resolution, civil service or other rules and regulations, otherwise prescribing or limit- ing his duties or the duties of his position. No person shall receive any compendation from the city for his services on the Department of.Civilian Defense unless such compensation shall be expressly provided for by the city council. The Foregoing shall not be deemed to deny to any officer or employee of the city his right to his normal compensation for the performance of his official duties, merely because those duties be deemed hereafter to be included within the civilian defense effort. No officer or employee of this city shall suffer any reduction of pay or loss of civil service status or rights by reason on his performance of services under the jurisdiction of the Department of Civilian Defense if performed with the consent of or at the order or request of the board or officer in control of the department in which he is employed. -12- SECTION 16: This ordinance is hereby declared to be an urgency measure for the immediate preservation of public peace, health and safety within the meaning of Section 1 of Article IV of the Constitution and is to go into immediate effect. A statement of the facts constituting such necessity is as follows: The United States is at war with Japan and other nations which nations threaten to attack the United States and particularly to attack by means of bombs from planes upon its. populated centers: that the danger is grave and urgent; that such attack and bombing may take place within the City of Azusa, and that its citizens would then be in great danger of being killed or wounded by means of said bombs and attack, and.that the health and safety -of the citizens require that provisions be made for such attack and emergency so that the citizens, as well as the property within the City of Azusa, could be safe-. guarded. to the fullest extent. SECTION 17. The Mayor shall sign this ordinance and the City Clerk shall attest sane and certify to the passage, adoption and publication thereof and shall cause the same to be published once, within fifteen days after its passage, in the Azusa Herald and Pomotropic, a weekly newspaper of general circulation printed, published and circulated in the City of Azusa, which said news - paper is hereby designated for that purpose. This ordinance is in full force from and after its passage and adoption. X Ir VVALTBR I A "ONE Mayor of the City of Azusa ATTEST: MAE A. I ?E City Clerk of the City of Azusa Passed, approved and adopted this 30th day of June, 1943. -13- ST;%TE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES) I, M. A. HYNES, City Clerk of the.City of Azusa, Los Angeles County, California, do hereby certify that the foregoing Ordinance was duly introduced, placed upon its first reading and fully read at a regular meeting of the City Council. of the City of Azusa held on June 21, 1943, in the regular. Council Chambers of said City Council in said City; that there- after said ordinance was duly and regularly passed and adopted } by said Council, signed and approved by the Mayor and attested by the City Clerk of said City, at a regular adjourned meeting t of said. Council so held. in the regular Council Chambers of said ci City Council on June 30, 1943, and that the same was passed and adopted by the following vote. of the Council: AYES: Councilmen: Owens, Lamm, Bradshaw,rMorden, Malone... NOES: None ABSENT: None I DO FURTHER CERTIFY that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in. the Azusa Herald and Pomotropic on July 8,. 1943, a newspaper of general circulation, printed, published and. - - circulated in said City of Azusa, and that the same was published in accordance with law. I JE City Clerk of thff City of Azusa