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HomeMy WebLinkAbout1953-03-26; City Council; 1015; Civil defense & disaster organization formedORDIN.ANCE NO, 101'5 I AN ORDINANCE RZUTING TO CIVIL DEFEPU'SE ARD DISASTERS IN THE CITY OF CJYRLSBAD The City Council of the City of Carlsbad does ordain as follows: SECTION 1. PUWOSES, The declared purposes of this ordinance are to provide for the .preparation and carrying out of plans for the civil defense of persons and proFerty within this city in the event of a disaster, and to Trovide 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. tures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the z Any expendi- @ City of Cstrlsbad, 3 SECTION 2, DFIHITIONS. A, Civil Defense, As used in this ordinance, the term Ilcivil defense" shall mean theFeparation for and the carrying 0u.t of all emergency functions, other than functions for which military Forces are primarily responsible , to prevent , minimfze , and repair injury and damage resulting from disasters, It shall not include, nop does any provision of this ordinance apply to any condition relating to a labor controversy. Bo Disasters, As used in this ordinance, the term "disastertt shall mean actual ox1 threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. CIVIL DEF33SE AND DISASTER COUXCIL. MEMBERSHIP, The Carlsbad Civil Defense and Disaster Councfl is hereby created and shall consist of the following: of civil C. L a The mayor, who shall be chairman, TEe City C&erk shall be the director P ?> \. defense and ;\h Ssaster, and shall be vice chairman. The assistant director, appointed by the mayor with the advice and consent of the City Council who, under the supervisfon of the direc- tor, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this City and shall hzve such other duties as may be assig-ned by the director. D, Such deputy directors and chiefs of' operating civil defense and disaster depa-rtments, services or. divisions as are provided for by resolution pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, pro- fessional or other organizations having an official groixp or organiza- tion 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 C0'LTIL:CIL. POt43BS DUTIES. It shall be the duty of the Carlsbad Civil Defense and Disaster Council, and- it is hereby empowered, to review 2.116 recommena for adoption by the City Council, civil defense and disaster and mutual aid plans and agree- merits and such ordinances and resolutions and rules ?-nd regulations as are necessary to implement such plans and agreements, The civil defense and disaster council shall meet u-pon call of the chairman or in his ab- sence from the city or inability to call such meeting, upon the call of the vice &airman. . SECTION 5. DIECTOR OF CIVIL DZFENSE I AKD BIXBSTER, POWERS AND 'DUTIES. There is hereby created the office of Director of Civil Uefense and Disaster. Such officer-shall be the City Clerk a16 ~;LJ ."-%;I- * of the City of Car1sba.d. -2- The director is hereby empowered: A. To request the City Council to proclaim %he existence or thmatened existence of a disaster and the termination thereof', City Council is in session, or to issue such proclamation if the City Council Ps not in session, subject to confirmation by the City Council at the earliest practicable time; if the 3. To request the Flayor to request the Governor to proclaim a state of extreme emergency when in the opifiion of the director the re- sources in the area. or region are inadequate to cope with the disaster; C. To control and direct tk effort of the civil defense and disaster organization of this city for the accomplishment of the pur- poses of this ordinance; D. To direct coordination a%d cooperation between divisions, services and staff of the civil defense and disaster organization of this city, End 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 an6 disaster. SECTION 6, In the event of the proclamation of a disaster as herein provided, or the proclaination of a state of extreme emergency by the Governor or the State Director of Civil Defense, 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 regulations must be con- firmed at the earliest practicable time by the City Council; 5. To obtain vita.1 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; -3 - C. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to a-llprivi- leges, benefits and immunities as are provided by state law for registered civil defense and disaster worker volunteers; region in which this city is located, to command D. To requisition necessary personnel os. material of ang city department or agency ; E, To execute a11 of his ordinary powers as City Clerk 6 F :;r %3 - mr, all the special powers mnferred upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority, and in conformity with Section 38791 of the Govern- ment Code, to exercise complete authority over the city and to exercise . all police power vested in the city by the Constitution and ge,, neral laws. SECTION 7. CIVIL DZFENSE AND DISASTER ORGANIZATION, All officers 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 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 during such disaster, shall constitute the civil defense and disaster organization of the City of Carlsbad, SECTION 8. DIVISIONS, SZRVVICES &iD STUP OF TEA CIVIL DEPZHSE AND DISASTER ORG&IZATION. The functions and duties of the Carlsbad civil defense and disaster orgmization shall be distributed among such divisions, services and s-oecial 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, -4- . ,I v * '..A , 'b *- ,bt * establishment an3 designation of divisions and services, the assignment of functions, duties and powers, the desig-mtion of officers and em- ployees. Insofar as possible, the form of organization, titles and terminology shall confo-rm to the recommendations of' the Federal govern- ,,ment ad the Civil Defense agency of the State of California. SECTION 9, PUMXSmEBE OF VXOLATIONS. It shall be a misdemeanor, punishable by a fine of not to exceed $500srO0, 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 OF regulation issued pursuant to this ordinance, or in the perfor- mance of any duty imposed upon h5J31 by virtue of this ordinance; B. To do any act forbfdden 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 inhabitaEts of this city, or to prevent, hinden. or delay the defense or protection thereof; C, To wear, carry or display, without authority, any means of ideztification s-pecified by the civil aefense and disaster agency of the State. SECTION 10, EFFECTIVE DATE. This orainancg is hereby declared to be an emergency measure necessary for the imgdiate preservation of the public peace, health and safety, and shall take effect immediate- ly. The following- is a statement of the facts showing its urgency: The HatIonal Security Resources Board of the Federal Governiiermt . has recently published its plan for the civil defense of the country, The State of California, acting in accordance with the Federal plan, has enacted and made inmediately effective the aCivil Defense Act of 1950." Both the Congress and the Legislature have adopted comppehensive civil -5- .a #, c 4.. .) u-,ta. i * defense and disaster laws, Both Federal and State plans contemplate immediate adoption of such local legislation as is necessary to put Into operation a coordinated and effective civil defense and disaster prqgram so that each citizen am.d each comunity will be ready in the event of a disaster to afford as complete protection as is possible to life and property. civil defense and disaster may be brought into conformity with the Federal and State plans at the earliest possible date, it is messary that this ordinance take effect imediately. In order that the laws of this city relating to SECTION 11, SBVERABILITY. If any provision of this ordinance or the application thereof to any person m circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or applicat;ion, and to this en& the provisions of this ordinance are declared to be severable. SECTION 12.. The City Clerk of the City of Carlsbad is hereby directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in said City of Carlsbad. PASSBI, APPXOVZD A%D AM)PTED by the City Council of the City of Carlsbad, California, this 26th day of March , 1953, by the following vote: ms: Councilmen Ede, Sutton, Grober, Mayor %fcClellan. Caiifornia