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Ordinance - 210ORDINANCE NO. 210 AN ORDINANCE RELATING TO CIVIL DEFENSE AND DISASTERS The -City Council of the City of I-11est Covina does ordain as follows: Section "1. PURPOSE. The declared" purposes of this ordinance are to provide for the preparation and carrying out of plans for"the civil defense 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 rude 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 inhabit- ants and property of the City of Nest Covina. • Section 2. DEFINITIONS. A.*Civil Defense. As used in this ordinance; the term "civil defense" shall mean the preparation for and the 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 3. DIVIL DEFENSE AND DISASTER COUNCIL. MEMBERSHIP.- The ,,est-Covina Civil Defense and Disaster Council is hereby created and shall consist of the follow- ing: A: The Mayor, -who shall be chairman. B. The Director of -Civil Defense and Disaster, who shall be vice-chairman. -1- M C. The Assistant Director, appointed by the Mayor 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 this City, and shall have such other duties as may be assigned by the Director. D. Such Deputy Directors and chiefs of operat- ing 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 maybe appointed by the mayor with the advice and consent of the city council. Section 4. CIVIL DEFENSE AND DISASTER COUNCIL: P0 v'ERS AND DUTIES. It shall be the duty of the West Covina 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 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 5. DIRECTOR OF CIVIL DEFENSE AND DISASTER. &O vIERS 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 and the termination thereof, if 'the City -Council is in session, or to issue such proclamation if the City Council is not -in sessdion, 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; IBM 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 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 as -herein provided, or the proclamation of a state of extreme 'emergency' by -the Governor or the ;Mate 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' confirmed at the earli- est 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 re quired immediately, to commandeer the same for public use C. Tore uire'emer enc q g y 'services" of any city officer or employee and, "in the event 'of the proclama- tion of 'a state of- ext"re me 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 all privileges, benefits • and immunities as are provided by'state law for regis- tered civil defense and disaster worker volunteers; D. 'To requisition necessary personnel or material of any city department or agency; E. To execute all of his ordinary powers as Mayor, '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 - 3- K 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 and employees of this city, 'together with those volunteer forces enrolled to aid them during a disaster, and all groups, or- ganizations and persons who may by agreement- or ope- ration -of laws, including persons commandeered 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 'Jest Covina. Section 8. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and duties -'of the West Covina civil defense and disaster organization shall be distributed among such divisionz, 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 de- signation -of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organi- zation, titles and terminology shall conform to the re- commendations of the Federal government and the Civil Defense agency of the State of California. Sect ion • 9. FUNISM ENT 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 perform- ance 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 in&abitants of this city, or to prevent, hinder or Bela he defense or protection thereof; 4"� 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 con- sidered a revision and continuation of the ordinance (s) 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 ordinance be'affected by such repeal until amended, ' modified, or superseded as provided in this ordinance.") Section 11. EFFECTIVE DATE. This ordinance is hereby declared to bean 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: The National Security Resources Board of the Federal government has recently published its plan for the, civil defense of the country. The State of ' Califor- • nia, acting in accordance with the Federal plan, has enacted and made immediately effective the "Civil Defense Act of 195011. Both -the Congress and the Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate immediate adop- tion 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 com- munity will be ready -in the event of a- disaster to af- ford 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 con- formity 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 invali- dity shall not affect other provisions or applications - 5- • • 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 sever- able. � 1 rank DeLay, p,Tayor ATTEST: 9=1" _ City C1er STATE OF CALIFOR I NIA COUNTY OF LOS ANCELES) ss. CITY OF ' LST COVINA - I, ' C. C, - Toland, - City Clerk of the City of West Covina, hereby certify that the fore..doing ordi- nance was introduced on'the JAY day of , 1951, and -was adopted by the City Council of th City of `vslest vi a at their regular meeting on the day of , 1951, and signed by the Mayor of said City, and t at said ordinance was adopted by the following vote: ✓voote ::-�y- AYES :CCU..¢, 1 1&e�Glt�� Tim, : ABSENT:: City Clerk 6- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)ss CITY OF ['VEST COVINA ) C. C. Toland, being by' me first duly sworn, deposes and says: That- he, is- the City, Clerk for the City of 'I!est Covina, ' California; and a citizen of the United State , and over the ag f 21 years; that- -on' the ' ; day of 1951 he posted"three copies • of Ordinance No. 210 of the City of ';RJest Covina entitled "AN ORDINANCE RELATING TO CIVIL DEFENSE AND DISASTERS" in three public places ih -said City, to -wit:' One -at the City Hall, 1444 Kest Garvey Avenue, '.Nest Covina, one in front of the West Covina ;School House, and one at the Northwest corner of Puente Street and Lark Ellen Boulevard. City Clerk Subscribed and sworn to before me this day of , 1951. Notary Public in and for the County of Los Angeles, State of California.