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HomeMy WebLinkAboutOrdinance No. 1025 ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING A NEW CHAPTER 4 TO ARTICLE III OF THE AZUSA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATIONS AND REPEALING THE EXISTING CHAPTER 4 OF ARTICLE III OF THE AZUSA MUNICIPAL CODE RELATING TO CIVIL DEFENSE AND DISASTER. The City Council of the City of Azusa does ordain as follows : SECTION 1 . A new Chapter 4 of Article III of the Azusa Municipal Code, consisting of Sections 3400 through 3400.9, is hereby added to read in full as follows : "CHAPTER 4 - LOCAL EMERGENCY AND DISASTER COUNCIL SECTION 3400. 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 the event 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 3400.1. 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 or imminent 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 service, personnel, equipment, and facilities of this City, and requiring the combined forces of other political subdivisions to combat . SECTION 3400.2. Disaster Council Membership. The Azusa Disaster Council is hereby created and shall consist of the following : (a ) The Mayor, who shall be chairman. b The Director of Emergency Services, who shall be vice chairman. (c ) The Assistant Director of Emergency Services . (d) Such chiefs of emergency services as are provided for in the current emergency plan of this City. (e ) Such representative of civil business, labor veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council . -1- SECTION 3400.3. Disaster Council Powers and Duties . The Azusa Disaster Council shall develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements . The Disaster Council shall meet upon call of the chairman, or in his absence from the City or inability to call such meetings, upon call of the vice chairman. SECTION 3400.4. Director and Assistant Director of Emergency Services. (a ) There is hereby created the office of Director of Emergency Services . The City Administrator shall be the Director of Emergency Services . (b ) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the director with the advice and consent of the City Council . SECTION 3400.5. Powers and Duties of the Director and Assistant Director of Emergency Services . (a ) The director shall: (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 proclama- tion 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 7 days thereafter or the proclama- tion 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 organization of this City for the accomplishment of the purposes of this Chapter. (4) Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them. (5) Represent this City in all dealings with public or private agencies on matters per- taining 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 exist- ence of a ' state of war emergency' , the director shall : -2- (a ) Make and issue rules and regulations on matters reasonably related to the pro- tection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; (b ) 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; (c ) 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 in the event of the existence of a ' state of war emergency' , 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; (d) Requisition necessary personnel or material of any City department or agency; (e ) Execute all of his ordinary power as City Administrator, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council and by other lawful authority. (b ) The Director of Emergency Services shall designate the order of succession to that 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 the City Council. (c ) The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this City; and shall have such other powers and duties as may be assigned by the Director . SECTION 3400.6 Emergency Organization. All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 3400.5 (a ) (6) (c ), are charged with duties incident to the protection of life and property in this City during such emergency, and shall constitute the emergency organization of the City of Azusa . -3- SECTION 3400.7. Emergency Plan. The Azusa Disaster Council shall be responsible for the development of the City of Azusa Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this C -ty, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency and shall provide insofar as possible, for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. SECTION 3400.8. Expenditures . Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Azusa . SECTION 3400.9. Punishment of Violations . It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six 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 performance of any duty imposed upon him by virtue of this Chapter. (b) To do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof . (c ) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State . SECTION 2 . The existing Sections 3400 through 3400. 10 of Chapter 4 of Article III of the Azusa Municipal Code relating to civil defense and disaster are hereby repealed. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in accordance with law . This ordinance shall become effective and be in full force and effect at 12 :01 A.M. on the thirty-first day after its passage. PASSED and APPROVED this 6th day of December , 1971. -� 2 : ay6r -4- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS . CITY OF AZUSA I, DEAN F. KLARR, City Clerk of the City of Azusa do hereby certify that the above Ordinance No. 1025 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the15th day of November , 1971, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of December , 1971, by the following vote : AYES : Councilmen Decker, Snyder, Clark, Solem NOES : Councilmen None ABSENT: Councilmen Rubio City Clerk 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, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 15thday of December , 1971, and that the same was published in accordance with law . City Clerk Publish Azusa Herald & Pomotropic, December 15, 1971 -5-