O 098
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ORDJ:NANCE NO. 98
AN ORDlliANCE OF THE CITY OF ARROYO GRANDE RELATING TO CIVIL
DEFENSE AND DISASTERS
The City Council of the City of Arroyo Grande does ordain as
follows:
SECTION 1. PURPOSE
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The declared purposes of this ordinance are to provide for the
preparation and carrying out of: plans for the civil defense of persons aM
property within this city in the event ,of a 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 organiza~
tions. AIry expenditures made in connection with such civil defense and disas-
ter activities, including mutual aid activities, shall be deemed conclusively
to be, for hSe dteect protection and benefit of the inhabitants and property of
the City of Arroyo Grande.
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SECTION 2. DEFINITIONS
A. Civil Defense. As used in this ordinance, the term "civil
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defense" shall mean the preparation for and carrying out of all emergency
furictions, other than functions for which military forces are primarily respon~
sible, to prevent, minimize and repair injury and damage resulting from disa~
sters. It shall not inolude, nor does any provision of this ordinanoe apply
to any oondition relating to a labor oontroversy.
B. Disaster.- As used in this ordinanoe, the term "disaster" shall'
mean aotual or threatened enemy attaok, sabotage, extraordinary fire, flood,
storm, epidemic, riot, earthquake or other similar public calamity.
SECTION 3. CIVIL DEFb'NSE AND DISASTER COUNCIL I1EMBERSHIP
The City of Arroyo Grande Civil Defense and Disaster Council is ~
hereby oreated and shall oonsist of the following:
A. The Mayor, who shall be the Director of Civil Defense and Disas~ ,
ter and who shalli: be chairman.
B. The Assistant Direcb.r, appointed by the Mayor, with the advioe
and consent of the City Counoil and he shall be the vice~chairman, and shall be
under the supervision of the Direotor, develop civil defense and disaster
plans and organize the oivil defense and disaster program of this City, and
shaJ.l have such other duties as may be assigned by the Direotor.
C. Suoh Deputy Directors and chiefs of operating oivil defense and
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disaster departments, servioes or divisions a.s are provided for by resolution
pursuant to this ordinanoe.
D. Suoh representatives of civio, business, labor, veterans, pro~
fessional or other organizations having an offioial group or organization oi viI
defense and disaster responsibility as may be appointed by the mayor with the i
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advioe and oonsent of the oity oounoil. !
SECTION 4- CIVIL DEFENSE AND DISASTER COUNCIL. POWERS AND DUTIES
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It shall be the duty of the City of Arroyo Grande Civil Defense I
and Disaster Council and it is hereby empowered, to review and ,recommend for
adoption by the City Counoil, civil defense and disaster and mutual aid plans
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and agreements and suoh ordine~ces and resolutions ,and rules arid regulations
as are neoessary to implement suoh plans and agreements. The Ci'Til Defense
and Disaster Counoil shall meet upon oall of the chairman or in his absenoe
from the City or ~nability to oall suoh meeting, upon the call of the vioe-
ohairman . "'
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SECTION 5. DIP.ECTOR OF CIVIL DEFENSE AND DISASTER POIoJERS AND DUTIES I
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The Mayor shall be the Direotor of Civil Defense and Disaster. ,
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The Direotor is hereby empowered:
A. To request the City Council to proolaim the existenoe or threat~
ened existenoe of a disaster and the termination thereof, if the City Counoil
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is in sessmon, or to issue such proclamation, if the City Council is not in
session, subjeot to oonfirmation by the City Council at the earliest praoti~
oable time;
B. To request the Governor to proolaim a state of extreme emergency ,
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When, in the opinion of the Direotor the resouroes of the area or region are
inadequate to cope with the disaster. i
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C. To control and direot the effort of the civil defense and disas~
ter organization of this oity for the aooomplishment of the purposes of this
ordinanoe.
D. To direct oODrdination and cooperation between divisions, serv~
ioes and staff of the oivil defense and disaster organization of this City,
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and to resolve questions' by authority and responsibilit;r that may arise be-
tween them.
E. To represent the civil defense and disaster orgainization ~f
this oity in aJ.l dealings 1nth publio or pri,'Tate agenoies pertaining to civil
defense and disaster.
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SECTION 6. I
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In the event of the proclamation of a disaster as herein provided,
or the proolamation of a state of extreme emergenoy by the Governor or the
State Director of Civil Defense, the Direotor is hereby empowered:
A. To make and issue rules and regulations on matters reasonably
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related to the protectibn of life and property as affeoted by such disaster;
provided, honver, such rules and regulations nmst be oonfirmed at the earli~
est practicable time by the City Cpunoil.
B. To obtain vi tal supplies" equipment and such other properties jb[
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 immedi~
ately, to oommandeer the same for public use;
c. To require emergency services of any city offioer or employee
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and, 'in the, event of the proclamation of a state of extreme emergency by the
Governor;,in the region in whioh this City is looated, to oommand the aid of..
as many citizens of this oommunity' as he thinks neoessaryin the execution of
his/duties; such persons shaJ.I be entitled to all privileges, bensfi ts and
immunities as'are provided b.y state law for registered civil defense and d~sas~
ter worker volunteers.
:D. To requisition necessary personnel or material of any oity depart- '
ment or agenoy;
E. To exeoute all of his ordinary powers as Mayor, all of the special
powers conferred upon him by this ~rdinanoe or by resolution adopted pursuant
thereto, aJ.I powers oonferred upon him by any statd'!, agreement approved by the
City Counoil, or by any other lawful authority, and in oonformity nth SSotion
38791 of the Government Code, to exeroise complete authority over the city and I
to exeroise all polioe power vested ,in the City by the Consit:itUtion and general
laws.
SECTION 7. CIVIL DEFENSE AND DISASTER ORGANIZATION I
All offioers and employees of this City, together with those volunteer
forces enrolled to aid them during a disaster, and all groups, organizations
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, and persons who may by agreement or operation of laws,iI!oluding persons oomman~
deered under the provisions of Section 6 (c) of this ordinanoe, be oharged with
duties incident to the protection of life and property in this City during suoh
disaster, shall oonstitute the oivil defense and disaster organization of the
City of Arroyo Grande.
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SECTION 8. DIVISION, SERVICES AND STAFF OF THE CIVIL DEFENSE
Am> DISASTER OOGANIZATION
The funotions and duties of the City of Arroyo Grande oivil de~
fense and disaster organization shallbbe distributed among such division,
services and speoial staff as the City Council shall presoribe by rei3olution.
The City Counoil shaJ.l oonourrently with the adoption of; this
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ordinanoe, adopt a resolution setting forth the form of organization estab~
lisbment and designation of divisions and service, the assignment of furic- ,
tions, duties andlPWersJ the designation of offioers and employees. Insofar
as possJjble, the form of organization, titles and terminology shall oonform
to the reoollllllendations of the Federal government IIfxtIa: and the Civid Defense
agency of the State of California.
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SECTION 9. !'PUNISHMBNT {)Fiv;IOtA,r):ONS .f!"i'I<,\\I~t~\,",-<.l,~k',
'.:\" '~'~. ..:," "." \'" 'r \i/t_.~:""'~ ~';!:''':'' !':..~~'O:);.;Z>~
It shall be a misdemeanor J punishable by a fine of not to exoeed "
$500.00, or by imprisonment for not to exoeed six months, or both, for any
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person during a disaster:
A. Wilfully to obstruot, hinder or delay any member of the oivil
defense and disaster organization in the enforooment of anylawful rule or
regulation issued pursuant to this ordinanoe, or in the performance of any
duty imposed upon him by virtue of this ordinanoe;
B. To do any act forbidden by any lawful rules or regulations
issued pursuant to this ordinanoe, if suoh aot is of s,uoh a nature as to
give, or be likely to give assistanoe to the enemy, or to imperil the lives
or property of inhabitants of this city, or to prevent, hinder or delay
the defense or proteotion thereof;
C. To wear, carry or display, without authority, any means of
identifioation speoified by the civil defense and disaster agenoy of the
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state.
SECTION 10. REPEAL OF' CONFLICTING OODDfANCES
All ordinanoes or portions thereof in confliot herewith, are to
the, extent that they are in confliot, repealed. PrO\cided, that it is the
in~ent of the City Counoil in enacting this ordinanoe that it shall be
oonsidered a revision and oontinuation of the ordinanoe repealed by this
ordinanoe, and the status of volunt.eers I3hall not be affeoted by suoh repeal; I
nor shall civil defense and disaster nmtual aid plans and agreements, rules
and regulations or resolutions adopted pursuant to suoh repealed orainanoe
be affected by suoh repeal until amended, mOdified, or superseded as pr~
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vided in this ordinanoe.
SECTION 11. EFFECTIVE DATE
This ordinanoe is hereby deolared to be an emergenoy measure
necessary for the immediate perservatio'n of the publio peaoe, health and
safety, and shall take effeot immediately. The fOllowing is a statement
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of the facts showing its urgenoy:
T11e National Security Resources Board of the Federal government
has recently published its plan for the oivil defense of the oountry. The
Sta.te of California, acting in acoordanoe with the Federal Plan, has enacted
and made immediately effeotive the, "Civil Defense Aot of 1950." Both the
Congress and Legislature ha.ve adopted comprehensive oivil defense and dis-
aster laws. Both Federal and State plans contemplate immediate adoption of
suoh looal legislation as is neoessary to put into operation a ooordinated
and effective civil defense and disaster program so that each citizen and
ea1lh community will be ready in the event of a disaster to afford as oom-
plete protection as is possible to life and property. In order that the
laws of this City relating to civilddefense and disaster may be brought
into oonformity ,rththe Federal and State pl~s at the earliest possib~e
,date, it is necessary that this ordinanoe take effect immediately.
SECTION 12. SEVERABILITY i :~
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If any provision of this ordinance or the application thereof to ,"'
any person or oircumstances is held invalid, suoh invalidity shaJ.l not I
,affeot other provisions or applioations of the ordinance whioh can be I
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,given effect without the invalid provision or apjllication, and to this end I
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the provisions of this ordinanoe are deolared to be severable.
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On motion of Counoilman Dixson and seoonded by Councilman Conrad
and on the following roll call vote, to-wit:
AYES: Councilmen Waiters, Clark, Dixson and Conrad.
N<ES: None
ABSENT: Councilman Damman
the foregoing ordinance was adopted this 7th day of February, 1951.
Deril P. Waitera
Mayor
ATmST: Mrs. Edna M. Sohilling
City Clerk
Pub. Herald~Reoorder
Feb. 16, :J,9,1
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