Ordinance No. 008 - Civil Defense and DisastersORDINANCE NO. 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING THE MUNICIPAL CODE RELATING
TO CIVIL DEFENSE AND DISASTERS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES WbAfN AS
FOLLOWS:
SECTION 1: AMENDING MUNICIPAL..,CODE.
Article III of the Rosemead Mlinldlpal Code is amended by
adding Chapter 7 thereto.as.foildws!
"CHAPTER..J, - CIVIL 4.tijrNS,k AND DISASTERS.
Section 3700+ 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 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 organizations. Any expenditures made in connection with such
civil defense and disaster activities, including mutual aid activi-
ties shall be deemed conclusively to be for the direct protection
and shall be for the benefit of the inhabitants and property of
the City of Rosemead.
Section 3701. Definitions.
A. Civil Defense. 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 condition relating
to a labor controversy.
B. Disaster. As used in this Ordinance, the term "disaster"
shall mean actual or threatened enemy attack, sabotage, extraordinary
fire, flood, storm, epidemic, riot, earthquake or other similar
public calamity.
Section 3702. Civil Defense and Disaster Council Membership.
The Ctty of Rosemead civil defense and disaster council is hereby
created and shall consist of the following:
A. The Mayor or his appointee from City Council who shall
be Chairman.
B. The director of civil defense and disaster, who shall
be Vice-Chairman.
C. The assistant director, appointed by the City Admin-
istrator with the advice and consent of the City Council who, under
the supervision of the director, shall develop civil defense and
disaster plans and organize the civil defense and disaster program
of the City, and shall have such other duties as may be assigned
by the director.
D. Such deputy directors and chiefs of civil defense and
disaster departments, services or divisions as are provided for by
resolution 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.
SSect~i0n703• Civil Defense and Disaster Council. Powers
and Duties. It shall be the duty of the City of Rosemead 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
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and resolutions 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 3704. Directior of Civil Defense and Disaster.
Powers and Duties. There is hereby created the office of director
of civil defense and disaster. The City Administrator shall be the
director of civil defense and disaster. 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
termination thereof, if the City Council is in session, or to issue
such proclamation if the City Council,is not in session, subject
to confirmation by the City Council at the earliest practicable
time; B. To request the Governor to proclaim a state of disaster
or a state of extreme emergency when in the opinion of the Director
the resources of the area or region are inadequate to cope with the
disaster;
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,
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 tie civil defense and disaster organization
of this City in all dealings with public or private agencies pertain-
ing to civil defense and disaster.
Section 3705. In the event of the proclamation of a disaster
or emergency as herein provided, or the proclamation of a state of
disaster or a:state of extreme emergency by the Governor or the
Director of the California Disaster Office, 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 confirmed 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, in the 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 community as he thinks necessary in the execution of his
duties; such persons shall be entitled to alt.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 as City Administrator
all of the special powers conferred 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 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 3706. Civil Defense 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,
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organizations and.persons who may by agreement or operation of law,
including persons pressed into service under the provisions of
Section 5-C of this Ordinance, be charged with duties incident to
the protection of life and property in this City during such dis-
aster, shall constitute the civil defense and disaster organization
of the City of Rosemead.
Secti.o".370Divisions, services, and Staff of the Civil
Defense and Disaster Organizations The functions and duties of the
civil defense and disaster organization shall be distributed among
such divisionsi 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 assignment 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 708: Punishment of Violations. It shall be a
misdemeanor, punishable by a fine of not to exceed $6500.00, or by
imprisonment for not to exceed six months, or both, such fine and
imprisonment 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 rules and regulations issued pursuant to this Ordinance;
or in the performance of any duty imposed upon him by virtue of
this Ordinance;
B. To do any act forbidden by any lawful rules or regu-
lations 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 X709. 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 immediately. 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 dis-
aster 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 3300, 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 applications of the Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions
of this Ordinance are delcared to be severable.
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PASSED AND ADOPTED this 14 day of October ,
19590 by the following called vote:
AYES: COUNCILMEN: Buchanan Cook, Horning, Lowrey,
Stead.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
MAYOR O THE CITY OF ROSEMEAD
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ATTEST:
CITY CLERK OF THE CITY OF ROSEMEAD
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