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Ordinance - 549F ORDINANCE NO. 549 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CREATING A CIVIL DEFENSE AND DISASTER COUNCIL AND THE POSITION OF DIRECTOR OF CIVIL DEFENSE AND DISASTER, THEIR DUTIES AND RESPONSIBILITIES AND REPEALING ORDINANCE NO. 301. The 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 • 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 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 term "Civil'Defense" shall mean the preparation for and 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. CIVIL DEFENSE AND DISASTER COUNCIL. MEMBERSHIP. The West Covina Civil Defense and Disaster Council is hereby created and shall consist of the following: The Mayor who shall be Chairman of the Council. Na b The City Manager who shall be Vice Chairman of .the Council. • (c) The Assistant Director of `Civil Defense appointed by the City Manager with the advice and consent of the City Council who under the supervision of the Director of Civil Defense 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 of Civil Defense. (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 civil, business, labor, veterans, professional or other organizations having -1- • .an official group or organization civil defense and disaster responsibility as may be appointed by the City Manager 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 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. POWERS AND DUTIES. The City Manager shall be the Director of Civil Defense and Disaster and shall hereinafter be referred to as "Director". The Director is hereby empowered to: (a.) 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) 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) 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) 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. DIRECTOR OF CIVIL DEFENSE AND DISASTER. POWERS AND DUTIES DURING A DISASTER. 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 regulation on matters reasonably related to the protection of life and property as affected by such disaster provided • however such rules and regulations shall be con- firmed at the earliest practicable time by the City Council. -2- (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 thisrcity is located, to command the aid of as many citizens of this community as he thinks necessary in therexecution 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 volunteers. • (d) To requisition necessary personnel or material of any city department or agency. (e) To execute all of his ordinary powers as city manager, 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, agree- ment approved by the City Council or by any other lawful authority. 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 law including the provisions of Section 6 (c) hereof be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the West Covina Civil Defense and Disaster Organization. SECTION 8. DIVISIONS, SERVICES AND STAFF OF THE WEST COVINA 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 assignment of functions, duties and powers, the designation- of officers and employees. In so far 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. VIOLATIONS. It shall be unlawful for any person during a disaster or when such -a disaster is imminent to: (a) Wilfully obstruct, hinder or delay any member of the West Covina 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) Do any act forbidden by any lawful rule or regulation' -3- issued pursuant to this ordinance if such act is of such a nature as to give or is likely to give assistance to the enemy or to imperil the • lives or property of other inhabitants of the city, or to prevent, hinder or dela the defense or protection thereof. (c� Wear, carry or display without authority any means of identification.specified by the Civil Defense and Disaster Agency of the state. SECTION 10. PENALTIES. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment in the city jail or in the county jail of -the county of Los Angeles for a period of not more than six months, or by both such fine and imprisonment. • SECTION 11. REPEAL. Ordinance No. 301 of the City of West Covina hereby is 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 Ordinance No. 301 repealed by this ordinance and the status of volunteers shall not be affected by such repeal; nor shall civil defense, 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. C� SECTION 12. SHORT TITLE, This ordinance shall be known as "The Civil Defense and Disaster Ordinance". SECTION 13. LEGALITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Court of competent juris- diction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases thereof be declared invalid or unconstitutional. SECTION 14. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law. Passed and approved this 12th day of November , 1957. -4 - /V /I • STATE OF CALIFORNIA COUNTY OF LOS ANGE XS SS. CITY.OF WEST COVINA I, ROBERT FLOTTEN,.City Clerk of the City of West Covina, do hereby certify that the above ordinance No. 549 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of Octobbrr , 1957. That, there- after, said ordinance was cu y adopted an passe at a regular meeting of the City Council on the 12th day of November , 1957, by the following vote, to -wit: AYES: Councilmen: Barnes, Brown, Mottinger, Pittenger;a Mayor Kay NOES: Councilmen: None ABSENT:Councilmen: None yCer, -5-