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O 160 "--"-.- , . "'\ 1 . . ORDINANCE No.R -~ CIVIL DEFENCE AND DISASTBrt CRDINANCE The City Council of the City of Arroyo Grande does ordain as follows: SECTION 1. Purposes. . The declared purposes of this ordinance 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 disaster, and to provide for the coordination of the civil defense and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed conclu- sively to be for the direct protection and benefit of the inhabitants i and property of the City of Arroyo Grande. , I SECTION 2. Definitions. A. Civil Defence. As used in this ordinance, the term "civil defense" shall mean preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this ordinance apply to any con~ I < dition relating to a labor controversy. B. Disaster. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attach, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. Civil Defense and Disaster Council Membership. The Arroyo Grande Civil Defense and Disaster Council is hereby created end shall consist of the following: A. The mayor, who shall be chairman. B. The director of civil defense and disaster, who shall be vice chairman. C. The Assistant director, appointed by the mayor with the advice and consent of the city council who, under the supervision of of the director, shall develop civil defense and disaster plans and :_'''',~",",........w___,,;, '...'_"'" ..... .=-~.... -",,-" ,- , ~ . '. .,." -... ""-.:'--''''''''''''''.'''~ ,.~_... .---.. ~"'''-'--''''.''''''_. , .. _,___.~...___",.._~,"u"-'~,,~,,_~C_"_'~.~ . ~ - organize the civil defense and disaster program of this city, and shall have such other duties as may be assigned by the director. D. Such deputy directors and chiefs of civil defense and disas~ ter departments, services or divisions as are provided for by res- olution pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council. SECTION 4. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the Arroyo Grande civil defense and disaster council, and it is hereby empowered, to review and recommend for adoption by the city council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolu...' tion 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 inability to call such meeting, upon the call of the vice-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 appointed by the mayor with the advice and consent of the city council. 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 termina.. tion thereof, if the city council is in session, or to issue such proclamation if the city council is not is session, subject to con- firmation bytne city council at the earliest practicable time; B. To request the Governor to proclaim a state of disaster or 6 state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the di saster ; C. To control and direct the effort of the civil defense and disaster organization of this city for the accomplishment of the purposes of this ordinance. D. To direct coordination and cooperation between divisions, page 2 -_.~--- ---~ ~ - 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. To represent the civil defense and disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. SECTION 6. In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of dis- aster or a state of extreme emergency by the Governor or the Director of the California Disastp-r Office, the director io 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 regulations 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 protection of the 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. C. To require emergency services of any city officer or employee and"incthe 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 com- munity as he thinks 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 civil defense and disaster service volunteers; D. To requisition necessary personnel or material of any city department or agency; E. To execute all of his ordinary powers and all of the special powers conferred upon him by this orainance 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 police power vested in the city by the Constitution and general laws. SECTION 7. Civil Defense and Disaster Organization. All officers page 3 . ___._______.~___ m___ - ~ . . and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including per- sons 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 during such disaster, shall constitute the civil defense and disaster organizatio~ of the city of Arroyo Grande. SECTION $. Divisions, Services, 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 divisions, 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 assign- ment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, 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 exceed 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 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 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. Repeal of Conflicting Ordinances. (Existing civil defense or disaster ordinances should be expressly repealed by number. However, in order to preserve existing rights and privileges, the ',,- .------- --- - -. -----~ . ~ '"' . . following proviso is suggested to be included with the repealing section: "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 civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordi- nance be affected by such repeal until amended, modified, or super- seded as provided in this ordinance.") SECTION 11. Effective Date. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety, and shall take effect immedi- ately. The following is a statement of the facts showing its urgency: Both the Congress of the United States and the California 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 necessary that this ordinance take effect immediately. SECTION 12. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or appli- cations of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ord~- nance are declared to be severable. Page 5 \ ---_._.~