Ordinance - 1179ORDINANCE NO. 1179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA ADDING A NEW CHAPTER 4 TO ARTICLE III
OF THE WEST COVINA MUNICIPAL CODE RELATING TO
EMERGENCY ORGANIZATIONS AND REPEALING THE EXISTING
CHAPTER 4 OF ARTICLE III OF THE WEST COVINA
MUNICIPAL CODE RELATING TO CIVIL DEFENSE.
The City Council of the City of West Covina.does
ordain as follows:
SECTION11. A new Chapter 4 of Article III of the West
Covina Municipal Code, consisting of Sections 3400 through 34d9,
is hereby added to read in full as follows:
"CHAPTER 4 - LOCAL EMERGENCY AND DISASTER COUNCIL
3400. Purposes.
The declared purposes of this Chapter are to
provide for the preparation and carrying out of plans
for the protection of persons and property within this
City in the event of an emergency; the direction of the
emergency organization; and the coordination of the
the emergency functions of this City with all other
public agencies, corporations, organizations, and
affected private persons.
3401. Definition.
As used in this Chapter, "Emergency" means the
actual or threatened existence of conditions of disaster
or of extreme peril to the safety of persons and property
within this City caused by such conditions as air pollu-
tion, fire, flood, storm, epidemic, riot, or earthquake,
or other conditions, including conditions resulting from
war or imminent threat of war, but other than conditions
resulting from a labor controversy, which conditions are
or are likely to be beyond the control of the service,
personnel, equipment, and facilities of this City, and
requiring the combined forces of other political subdivisions
to combat.
3402. Disaster Council Membership.
The West Covina Disaster Council is hereby created
and shall consist of the following:
(a) The Mayor, who shall be chairman.
b The Director of Emergency Services,
who shall be vice chairman.
(c) The Assistant Director of Emergency
Services.
(d) Such chiefs of emergency services as
are provided for in a current emergency plan
of this City.
(e) Such representative of civil business, labor,
veterans, professional, or other organizations
having an official emergency responsibility,
as may be appointed by the director with the
advice and consent of the City Council.
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3403. Disaster Council Powers and Duties.
The West Covina Disaster Council shall develop
and recommend for adoption by the City Council,
emergency 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 Disaster Council shall meet upon
call of the chairman, or in his absence from the City
or inability to call such meeting, upon call of the
vice chairman.
3404. Director and Assistant Director of
Emergency Services.
(a) There is hereby created the office of
Director of Emergency Services. The
City Manager shall be the Director of
Emergency Services.
(b) There is hereby created the office of
Assistant Director of Emergency Services,
who shall be appointed by the director with
the advice and consent of the City Council.
3405. Powers and Duties of the Director and
Assistant Director of Emergency Services.
(a) The director shall:
(1) Request the City Council to proclaim
the existence or threatened existence of a
'local emergency' if the City Council is in
session, or to issue such proclamation if
the City Council is not in session. Whenever
a local emergency is proclaimed by the direct-
or, the City Council shall take action to
ratify the proclamation within 7 days there-
after or the proclamation shall have no
further force or effect.
(2) Request the Governor to proclaim a
'state of emergency' when, in the opinion
of the director, the locally available
resources are inadequate to cope with the
emergency.
(3) Control and direct the effort of the
emergency organization of this City for
the accomplishment of ,the purposes of this
Chapter.
(4) Direct cooperation between and coordination
of services and staff of the emergency
organization of this City; and resolve
questions of authority and responsibility
that may arise between them.
(5) Represent this City in all dealings with
public or private agencies on matters per-
taining to emergencies as defined herein.
(6) In the event of the proclamation of a 'local
emergency' as herein provided, the proclama-
tion of a 'state of emergency' by the
Governor or the Director of the State Office
of Emergency Services, or the existence of a
'state of war emergency', the director shall:
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(a) Make and issue rules and regulations on
matters reasonably related to the pro-
tection of life and property as affected
by such emergency; provided, however,
such rules and regulations must be con-
firmed at the earliest practicable time
by the City Council;
(b) Obtain vital supplies, equipment, and
such other properties found lacking and
needed for the protection of life and.
property and to bind the City for the fair
value thereof and, if required immediately
to commandeer the same for public use;
(c) Require emergency services of any City
officer or employee and, in the event of
the proclamation of a 'state of emergency'
in the county in which this City is
located or in the event of the existence
of a 'state of war emergency', command
the aid of as many citizens of this
community as he deems 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 disaster
service workers;
(d) Requisition necessary personnel or
material of any City department or
agency;
(e) Execute all of his ordinary power as City
Manager, all of the special powers con-
ferred upon him by this Chapter or by
resolution or emergency plan adopted by
the City Council, all powers conferred
upon him by any statute, by any agreement
approved by the City Council and by other
lawful authority.
(b) The director of emergency services shall designate
the order of succession to that office, to take
effect in the event the director is unavailable to
attend meetings and otherwise perform his duties
during an emergency. Such order of succession
shall be approved by the City Council.
(c) The assistant director shall, under the supervision
of the director and with the assistance of
emergency service chiefs, develop emergency plans
and manage the emergency programs of this City;
and shall have such other powers and duties as may
be assigned by the director.
3406. Emergency Organization.
All officers and employees of this City, together with
those volunteer forces enrolled to aid them during an emer-
gency, and all groups, organizations, and persons who may by
agreement or operation of law, including persons impressed
into service under the provisions of Section 3405 (a) (6) (c)
are charged with duties incident to the protection of life
and property in this City during such emergency, and shall
constitute the emergency organization of the City of West
Covina.
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3407. Emergency Plan.
The West Covina Disaster Council shall be responsible
for the development of the City of West Covina Emergency
Plan, which plan shall provide for the effective mobilization
of all of the resources of this City, both public and
private, to meet any condition constituting a local emergency,
state of emergency, or state of war emergency and shall pro-
vide insofar as possible for the organization, powers and
duties, services, and staff of the emergency organization.
Such plan shall take effect upon adoption by resolution of
the City Council.
3408. Expenditures.
Any expenditures made in connection with emergency
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.
3409. Punishment of Violations.
It shall be a misdemeanor, punishable by a fine of not
to exceed five hundred dollars ($500.00), or by imprisonment
for not to exceed six months, or both, for any person,
during an emergency to:
(a) Wilfully obstruct, hinder or delay any
member of the emergency organization in the
enforcement of any lawful rule or regulation
issued pursuant to this Chapter, or in the
performance of any duty imposed upon him by
virtue of this Chapter.
(b) To do any act forbidden by any lawful rule
or regulation issued pursuant to this Chapter,
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) Wear, carry, or display, without authority,
any means of identification specified by the
emergency agency of the State.
SECTION 2. The existing Sections 3400 through 3408 of
Chapter 4 of Article III of the West Covina Municipal Code relating to
civil defense are hereby repealed.
SECTION 3. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published in accordance
with law.
This ordinance shall become effective and be in full
effect and force at 12:01 A.M. on the thirty-first day after its passage.
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PASSED and APPROVED this 20th day of December, 1971.
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Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF WEST COVINA )
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1179 was regularly
introduced and placed upon its first reading at a. regular meeting of
the City Council on the 22nd day of November, 1971, That, thereafter,
said ordinance was duly adopted and passed at an adjourned regular
meeting of the City Council on the 20th day of December, 1971, by
the following vote, to wit:
AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell.
NOES: Councilmen: None
ABSENT: Councilmen: Young
APPROVED AS TO FORM:
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C ty AttornhV
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City Clfefk
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