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Ordinance - 301ORDINANCE NO. 301 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 MEMBERS THEREOF, PROVIDING PENALTIES FOR VIOLATIONS OF SUCH ORDINANCE AND REPEALING ORDINANCE NO. 218-- OF THE CITY OF WEST COVINA, THEREON, ADOPTED APRIL 23, 1952, AND ORDINANCE NO. 295, ADOPTED FEBRUARY S, 1954. 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 coor- dination 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 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 inhabitants and property of the City of West Covina. SECTION 2. DEFINITIONS: A. "CIVIL DEFENSE". As used in this ordinance, the t erm "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 dis- asters. 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. CIVIL,'DEFK SE AND DISASTER COUNCIL. MEMBERSHIP. The West 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; Be 1 � , C. The Assistant Director; D. Such Deputy Directors as are provided by resolution pursuant to this ordinance; E. The Chiefs of Services of the Civil Defense and Disaster Organization; F. Such representatives of civil, business, labor, veterans, profession- al or other organizations having an official group or organizational civil defense and disaster responsibilities assigned to them. All the members of the Civil Defense and Disaster Council, with the exception of the mayor, shall 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 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. CO'I%MND CHANNELS FOR THE CIVIL DEFENSE AND DISASTER ORGANIZATION. A. In time of national extreme emergency or disaster declared by the Governor of California, the Civil Defense and Disaster organization of West Covina will obey the commands, directives and requests of the National, State, Region 9, • or Area "D" of Region 9, duly appointed authorities within the purview of the California Disaster Act. B. The Mayor of the City of West Covina in time of national emergency or disaster declared by the Governor of California or by civil proclamation is COISIANDER of the Civil Defense and Disaster organiation and all personnel and agen- cies of the City of 'test Covina. C. In the absence of the mayor, or until he arrives, the following will assume the duties of command in time of national emergency or civil disaster -2- in the order named: Vice -Chairman of the City Council; The City Administrator; The Director of Civil Defense and Disaster;, The Chief of Police. SECTION 6. DUTIES OF MAYOR RE CIVIL DEFE14SE AND DISASTER. The Mayor of West Covina is hereby empowered: • A. To announce a state of emergency in case of enemy invasion or hostile air attack; B. To request the City Council to proclaim the existence or threaten- ed 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; C. To request the Governor of California to proclaim a state of extreme emergency when in the opinion of the Director the resources of the city, .area, or region are inadequate to cope with the disaster; D. To direct the activation of the Civil Defense and Disaster organ- ization; E. To direct coordination and cooperation between all city departments and agencies with the Civil'Defense and Disaster organization; F. 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 Mlayor will execute all of the special powers conferred on 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 Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Con- stitution and general laws. SECTION 7. DIRECTOR OF CIVIL DEFENSE AND DISASTER. POWERS AND DUTIES. There is hereby created the office of Director of Civil Defense and Disaster. The Director shall be appointed by the Mayor with the -advice and consent of the City Council.: The Director is hereby empowered: A. To develop civil defense and disaster plans and organize the civil defense and disaster program of the City; -3- B. To be advisor to the mayor in civil defense and disaster matters; C. To recommend to the Mlayor, or in his absence, to the City Council, a proclamation of the existence or threatened existence of extreme emergency or disaster in the City of West Covina; D. To control and direct the effort of the Civil Defense and Disaster organization of this city for the accomplishment of the purpose of this ordinance; ° E. To direct coordination 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; • F. To recommend to the Mayor and the City Council the appointments of Chiefs of Services of the Civil Defense and Disaster Organi- zation who thereby become members of the Civil Defense and Disaster Council; G. To assign duties to all other members of the Civil Defense and Disaster organization or direct it to be done by the Service Chiefs or other subordinates. H. 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. I. To prescribe standards of training and competence for Civil Defense and .Disaster personnel and to call training assemblies and exer- cises to insure proficiency of the various services. SECTION 8.. 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 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 earliest 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 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 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 -4- volunteers; D. To requisition necessary personnel or material of any City depart- ment or agency; SECTION 9. CIVIL DEFENSE AJIM DISASTER ORGANIZATION. All officers and employ- ees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation bf 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 West Covina. SECTION 10. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and duties of the West Covina Civil Defense and Dis- aster 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 des- ignation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees, Insofar as possible, the form or organ- ization, titles and terminology shall conform to the recommendations of the Federal government and the Civil Defense agency of the State of California. SECTION 11. PUNISEMENT OF VIOLATIONS. It shall be a misdemeanor, punishable • b a fine of not to exceed y $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 regula- tion 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 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; C. To wear, carry or display, without authority, any means of identi- fication specified by the civil defense and disaster agency of the state. SECTION 12. 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, and ordinance No. 295, adopted February 8, 1954 are hereby repealed provided that it is the intent of the City Council in enacting this ordin- ance 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; 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 13. SEVERABILITY. If any provision of this ordinance or the applica- tion 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. • SECTION 14. ADOPTION: The City Clerk shall certify to the adoption of this Ordinance, and prior to the expiration of fifteen (15) days from the passage there- of, 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 f rom a -id after the passage thereof said Ordinance shall take effect and be in force. ayor of the City of West Covina ATTEST: City Clerk I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of West Covina, held on the C,7 day of RG,�I , 1954, by the affirmative vote of at least three. Councilmen, to wit: AYES: BERT C. VAN HORN C. L. MOSSBERG J. CAL SPERLINE FRANK DELAY • NOES: A/vA/C ABSENT: JOE HURST, MAYOR City Clerk of the City of West Covina STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ) ROBERT 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 the United States and over the age of 21 years; that on the day of 1954, he posted three copies of Ordinance No. 301 of the City of West Covina, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATING TO CIVIL DEFENSE AND DISASTER, FRDVIDING FOR THE CREATION OF A DISASTER • COUNCIL, PRESCRIBING THE POWERS AND DUTIES OF THE KU-11BERS THEREOF, FFOVIDING PEN- ALTIES FOR VIOLATIONS OF SUCH ORDINANCE AND REPEALING ORDINANCE NO. 218 OF THE CITY OF WEST COVINA THEREON, ADOPTED APRIL 23, 1952, AND ORDINANCE NO. 295, ADOPTED FEBRUARY g, 195V , in three public places in said City, to wit: One at the Police Office, 1444 W. Garvey Blvd., one in front of the West Covina School House and one at the northwest corner of Puente Street and Iark ten Avenue. City Clerk -7- Subscribed and sworn to before me this - day of r 1954. Notary Public in and for(the County of Los Angeles, State of California. My Commission Expires August 12, 1956. is •