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.
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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;
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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
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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
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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.
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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
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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.
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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
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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.