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HomeMy WebLinkAboutOrd 311-1951 FILED ~ c?~ ~ OR~ZNaN¢~ NO. ~n ~AR ,-~... ~ o~z~cE o~ == cz~ o~ $o~ s~ ........ . F~NCIS~ - ~' ~TIN~ ~ O~IL DEFUSE AND DISAS~. ~, Oi~ Oo~oil of ~h, Oi~ of S~u=h San S,o~on 1. Pu~oses. The d, ola~d p~p~s,s of o=~/n~, a=e ~o provi~e for ~h, p~,p~a~i~n an~ oa~=yl~ ou~ of 91~s fo~ ~h, ~ivil ~,f,~se ~f persons and p=op~ wi~hin ol~ ~n ~h, ~nt. ~f a ~sas~e~, an~ ~ p=o~l~, fo= the eoo~l~- ~$~n ~f ~h, o$vil ~,fense and disas~,= f~otlons of ~his oi~ wl~h and or~anlz~ien~. An~ e~end~ures ~de in co~ec~ion w~h ~uch oivll defense and. disaster activities, lncludin~ mutual aid ties, shall be deemed concl~sively ~o be fer ~he direct pro~ection and benefit of the i~abit~ts and p~perty of the City ef South San Francisco. Section 2. ~finitiona. A. Civil Defense. As used in this ordi~nce, the te~ "civil defense" shall mean the prepara- tion for and the carrying out of all emergency func~ions, othe~than functions for which military forces are privily responsible, to prevent, minimize, and repair lnJ~y and d~ge resulting from disas- ters. It shall not include, nor does any provision of ~his ordinance apply to any condition, relating ~o a labor controversy. B. Disasters. Aa used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordi~ry fire, flood, storm, epidemic, riot, earth- quake or other similar public cal~ity. Section 3. Civil Defense and Disaster Council. Member- ship. The South San Francisco Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The ~yor, who shall be chair~n. 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 Co~cil who, under the super- vision of the director, shall develop civil defense and disaster plans and 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 operating civil defense and disaster departments, services or divlsions~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. Section 4. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the City of South San Francisco civil defense and disaster co~ucil, 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 resolutions and rules and regulations as are necessary to imple-. ment 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 andlDLsaster. Powers and Duties. The city manager shall be the director of civil defense and disaster. The director is hereby en~powered: A. To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such procla- mation 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 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 co~rdlnation and cooperatlen between divisions, services and staff of the civil defense and disaster or- fanization of this city, and to resolve questions ef 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 dis- aster as herein provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the director is hereby empeweredz A. To make and issue rules and. reguIatiensonmat- ters reasonably related to the protection of~life and property as affected by such disaster; provided, however, euch rules and regula- tions must be confirmed at the earlies practicable time by the city council; B. To obtain vital supplies, equipment and such otherl~operties found lacking and needed for the protection ofthe 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 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 these duties; such persons shall be,en- titled to all privileges, benefits and immunities as are provided by state law for registered civil defense.anddisaster w~rker volunteers; D. To requisition necessary personnel or material of any city department or agency; E. To execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this ordin- ance or by resolution adopted pursuant thereto, all powers conferred upon himby 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 Constitu- tion and general laws. Section 7. Civil Defense and Disaster Organization. Ail officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organ- izations and persons who may by agreement or operation' of law, in- cluding persons pressed into service under the provisions of Section 6 (c) of this ordinance, be charged with duties incident to the pro- tection of life and property in this city during such disaster, shall constitute the civil defense and disaster organization of the City of South San Francisco. Section 8. Divisions, Services and Staff of the Civil Defense and Disaster Organization. The functions and duties of the South San Francisco civil defense and disaster organization shall be distributed among ~uch 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 or- ganization, 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 Federal government and the Civil Defense agency of 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 mem- ber of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtu~ of h his 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, er 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. Ordinance No. 279 of said city entitled: "An ordinance relating to disasters" is hereby repealed; provided, that it is the intent of the city co~- cil in enacting this ordinance that it shall be considered a revis~ and continuation of the ordinance repealed by this ordinance, and th~ 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 ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. Section ll. 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 show- ing its urgency: The National Security Resources Board of the Federal Government 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 immediately effective the "Civil Defense Act of 1950." Both the Congress and the Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate immediate adoption of such local legisla- tion as is necessary to put into operation a coordinated and effective -5- civil defense and disaster program so that each citizen andeaeh com- munity 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. This. ordinance shall be published once in the Enterprise-South San Francisco Journal, a weekly newspape~ of general circulation, published and circulated in said city. 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 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 declared to be severable. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 19th day of February, 1951, by the following voto: Ayes, Councilmen Victor Boido, Charles K. Elder, Adolph Sani, Joseph Bracco, ~nilio Cortesi Noes, Councilmen None Absent, Councilmen None Approved: ~or of th~City of South San Francisco Attest: --6-