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Ordinance - 218i ORDINANCE NO. 2 / O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PROVIDING FOR THE CIVIL DEFENSE AND DISASTER ORGANIZATION OF THE CITY. T.11E CITY COUNCIL OF THE CITY OF WEST 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 'r. of a disaster, and to provide for the coordination of the civil de- fense 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 dis- aster activities, including mutual aid activities, shall be deemed conclusively to be.for the direct protection and benefit of the in- habitants and property of the City of West 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, extraordi- nary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. CAVIL DEFENSE AND DISASTER COUNCIL I�BERSHIP. 11 r'- - The Nest Covina Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The Mayor, 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 Manager, if and when there be one, and otherwise by the mayor, in each case, however, with the advice and consent of the City Council, who, under the su- pervision 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 Di- rector. D. Such Deputy Directors and chiefs of operating 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 or- ganization civil defense and disaster responsibility as may be ap- pointed 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 West Covina Civil Defense and Disaster Council, and it is hereby empowered, to review and recom- mend for adoption by the city council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolu- tions 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 -2" inability to call such meeting, upon the call of the vice-chairman. SEC`['ION 5, DIRECTOR OF CIVIL DEFENSE AND DISASTER. POWERS AND DUTIES. There is hereby created the office of Director of Civil De- fense 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 session., subject to confirmation by the City Council at the earliest practicable time; B. Through the mayor or chief executive, 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 pur- poses 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 responsibil- ity 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 pertain- ing 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 State Director of Civil Defense, the Director -3- N is hereby empowered: A. To make and issue rules and regulations on matters reason- ably 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 proper- ties found lacking and needed for the protection of the life and • property of the people, and bill the city for the fair value thereof, and if required immediately, to commandeer the sage for public use; C. To require emergency services of any city officer or em- ployee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is lo- cated, 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 registered 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, Ccity mana- ger, chief administrative officer, or a private citizen, as the case may be) all of the special powers conferred upon him by this or- dinance or by resolution adopted pursuant thereto; all powers con- ferred 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 author- ity over the city and to exercise all police power vested in the -4- 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 operation 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 con- stitute the civil defense and disaster organization of the City of West 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 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 organization, establishment and designation of divisions and services, the assign- ment 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 dis- aster A. Wilfully to obstruct, hinder or delay any member of the -5- 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 virtue of this ordinance. B. To do any act forbidden by any local 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 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. 195 of the City of West Covina, adopted is hereby repealed; provided, that it is the intent of the city council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this ordi- nance 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. If any provision of this ordinance or the appli- cation 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 pro- vision or application, and to this end the provisions of this • ordinance are declared to be severable. SECTION 12. This ordinance shall take effect from and after thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage it shall be posted with the names of the members voting for and against the same, in three places within the city, in the manner required by the laws and ordinances of the City of West Covina. ATTEST: obea O en, y er Y, Robert Flotten, City Clerk of the City of West Covina, hereby certify that the foregoing ordinance was introduced on the — day of , 1952, and was adopted by the City Council of the City of West Covina at their regular meeting on the day of _ --- , 1952, and signed by the Mayor of said City, and that said Ordinance was adopted by the following vote: AYES.- L)E t *Y - V�� NOES: 114ty 6 ABSENT: /Vn1YE' A A Robert o en, CIfy Clerk -7-