Ordinance - 295OP�DINANCE NO.295
AN ORDINANCE OF THE; CITY .COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, RELATING TO CIVIL DEFENSE AND DISASTERS, PROVIDING
FOR THE CREATION OF A DISASTER COUNCIL, PRESCRIBING THE POWERS
AND DUTIES OF THE AMBERS THEREOF, PROVIDING PENALTIES FOR
VIOLATIONS OF SUCH ORDINANCE AND REPEALING ORDINANCE NO.218
OF THE CITY OF WEST COVINA THEREON, ADOPTED APRIL 23,1952.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY 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 coordina-
tion 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 connec-
tion with such civil defense and disaster activities, including
mutual aid activities, shall be deemed conclusively to be for
the direct nrotection.and benefit of the inhabitants 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,
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extraordinary fire, flood, storm, epidemic, riot, earthquake
or other similar public calamity.
SECTION 3. CIVIL DEFENSE AND DISASTER COUNCIL.
NOIBERSHIP. The West Covina Civil Defense and Disaster Council
is hereby created and shall consist of the following:
• A. The Mayor, who shall be Chairman and Director of Civil
Defense and Disaster.
B. The Assistant Director, appointed by the Mayor with
the advice and consent of the City Council 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.
C. 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.
D. 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 D ISAS TER COUNCIL. POVERS 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
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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 5. DIR.ECTOR OF CI`,IIL DEFENSE AND DIASTER.
POWERS .AhM_ DITTIES; There is hereby created the office of
Director of Civil Defense and Disaster. The Mayor 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 and the termination thereof,
if the City Council is in session, or to issue such nrocl�mation
if the City Council is not in session, subject to confirmation
by the City Council -at the earliest practicable time.
D. 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 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 respons-
ibility 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
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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 State Director of Civil Defense,
the Director 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 prop-
erties 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
extreme emergency by the Governor in the region in which this
. City is located, to command the aid of as many citizens of this
co.mnuriity 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;
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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 authority, and in conformity with Section.38791 of the Govern-
ment 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 en-
rolled to aid them during a disaster, and all grouse organizations
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 constitute the
civil defense and disaster organization of the City of nest Covina.
SECTION 8. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE
AND DISASTER 0??GANIZATION. 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 or organization,
establishment and designation of divisions and services, the assgn-
ment of functions, duties and powers, the designation of officers
and employees. Insofar as possible, the form or organization, titles
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and terminology shall conform to the recommendations of the
Federal government and the Civil Defense agency of the State of
California.
SECTION 9. PUNISI-EC-NT 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 per-
formance of anir 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 inhabitants of this city, or to
prevent, hinder or delay the defense or protection thereof;
CO 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.218
of the City of West Covina entitled "An Ordinance of the City Council
of the' City of West Covina, California., providing for the civil
defense and disaster organization of the City", adopted April 23,
1952, 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 ordinance,
and the status of the membership of the existing civil defense
organization and volunteers shall not be affected by such repeal;
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nor shall civil defense and disaster mutual aid plans and agree-
ments, 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. 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 appli-
cations 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.
SECTION 12. ADOPTION: The City Clerk shall certify to the
adoption of this Ordinance, and prior to the expiration of fifteen
(15) days from the passage thereof, shall cause the same to 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 in the City of West Covina, and thirty (30) days from and
after the passage thereof said Ordinance shall take effect and be
in force.
Maydr of tht City of West Covina
• ATTES .
Csty Clerk
I CERTIFY that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of West Covina,
held on the 8th day of February, 1954, by the affirmative vote of
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at least three Councilmen, to wit:
JOE HU
AYES: Councilmen FRANK DELAY BERT C. VAN HORN C. L. �OSSI3EI�G J. CAL SPERL NE$YQn
NOES: Mo N
ABSENT: No vv- Z;X, 7
City Clerk ofhe Cif of West Covina
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF NEST COVINA )
ROBE?RT FLOTTEN, being by me first duly sworn, deposes and
says: That he is the City Clerk of the City of West Covina,
California; a citizen of theme United States, and over the age of
21 years; that on the �(� day of February, 1954, he posted three
copies of Ordinance No5 of the City of West Covina, entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNTA, RELATING TO CIVIL DEFENSE AND DISASTERS, PROVIDING
FOR THE CREATION OF A DISASTER COUNCIL, PRESCRIBING THE POWERS AND
DUTIES OF THE TIENBERS THERE,0F, PROVIDING (PENALTIES FOR VIOLATIONS
OF SUCH ORDINANCE AND .,PEALING ORDINANCE NO.218 OF THE CITY OF WEST
COVINA THEREON, ADOPTED APRIL 23, 1952," in three public places in
said City, to wit: One at the Police Office, 1444 West Garvey
Boulevard, one in front of the West Covina School House, and one
at the northwest corner of Puente Street and Lark Ellen Boulevard.
Cs y Clerk
Subscribed and sworn to before me
/'larc -j
this day of , 1954.
,Notary Public in an o he County
of Los Angeles, State of California
My Commission Expires August 12, 1956