HomeMy WebLinkAboutORD 1006ORD 1006 pT3 (Ìì À ã ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING TITLE 2 OF
THE BALDWIN PARK MUNICIPAL CODE BY ADDING
CHAPTER 2.65 THERETO, RELATING TO THE
DISASTER COUNCIL, AND DECLARING THIS
ORDINANCE TO BE AN URGENCY MEASURE
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Title 2 of the Baldwin Park Municipal Code
is hereby amended, by adding thereto, as Chapter 2.65, the
following:
Chapter 2.65
DISASTER COUNCIL
Sections:
2.65.010 Purpose.
2.65.020 Emergency Defined.
2.65.030 Disaster Council Membership.
2.65.040 Disaster Council Powers and
Duties.
2.65.050 Director and Assistant Director of
Emergency Services Offices
Created.
2.65.060 Director and Assistant Director of
Emergency Services Powers and
Duties.
2.65.070 Emergency Organization
Composition
2.65.080 Emergency Plan.
2.65.090 Expenditures.
2.65.100 Violations.
2.65.010 Purpose.
The purpose of the City Council in enacting
this Chapter is to provide for the preparation and
carring 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 emergency
functions of this City with all other public
agencies, corporations, organizations, and affected
private persons.
2.65.020 Emergency Defined.
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 pollution, 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 services, personnel, equipment and
facilities of the City, requiring the combined
forces of other political subdivisions to combat.
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2.65.030 Disaster Council Membership.
A Disaster Council for the City is hereby
created. Membership on the Disaster Council shall
consist of the following:
A. The City Manager, who shall be
chairman;
B. The Police Chief who shall be vice
chairman;
C. The Director of Community Services;
D. A representative of Los Angeles
County Fire Protection District and such
chiefs of emergency services as are provided
for in a current emergency plan of this City,
adopted pursuant to this chapter;
E. The Mayor or the Mayor pro-tern in the
absence of the Mayor, and the City Council's
representative to the Civil Defense Area D"
Committee;
F. Such other City officers and/or
representatives of civic, business, labor,
veterans, professional or other organizations
having an official emergency responsibility,
as may be appointed by the chairman with the
approval of the City Council.
2.65.040 Disaster Council Powers and Duties.
It shall be the duty of the Disaster Council,
and it is empowered, to 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.
2.65.050 Director and Assistant Director of
Emergency Services Offices Created.
A. There is created the office of
Director of Emergency Services Director').
The City Manager shall, without additional
compensation, serve as the Director.
B. There is created the office of
Assistant Director. The Police Chief shall
serve as the Assistant Director without
additional compensation.
2.65.060 Director and Assistant Director
Powers and Duties
A. The Director is empowered to:
a) 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 Director,
the City Council shall take action to ratify
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the proclamation within seven 7) days
thereafter or the proclamation shall have no
further force or effect;
b) 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;
c) Control and direct the effort of the
emergency organization of this City for the
accomplishment of the purposes of this
Chapter;
d) 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;
e) Represent this City in all dealings
with the public or private agencies on matters
pertaining to emergencies as defined in the
chapter.
f) In the event of the proclamation of
a local emergency' as provided in this
Section, the proclamation 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 is empowered:
1. To make and issue rules and
regulations on matters reasonably related to
the protection of life and property as
affected by such emergency; provided, however,
such rules and regulations must be confirmed
or modified at the earliest practicable time
by the City Council.
2. To 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.
3. To require emergency services of any
City officer or employee and, in the event of
the proclamation of a state of emergency' by
the County of Los Angeles, or the existence of
a state of war emergency,' to command the aid
of as many persons as he deems necessary to
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;
4. To requisition necessary personnel
or material of any City Department or Agency;
and
5. To execute any powers conferred upon
him by this Chapter or by resolution or
emergency plan pursuant hereto adopted by the
City Council, all powers conferred upon him by
any statute, and/or by any agreement approved
by the City Council, and by any other lawful
authority.
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B. The Director 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 Director shall develop emergency
plans and manage the emergency programs for
this City.
2.65.070 Emergency Organization Composition.
All officers and employees of this City,
together with those volunteer forces enrolled to
aid them during an emergency, and all groups,
organizations and persons who may, by agreement or
operation of law, including persons impressed into
other applicable law charged with duties incident
to the protection of life and property in this City
during such emergency, shall constitute the
emergency organization of the City.
2.65.080 Emergency Plan.
The Disaster Council shall be responsible for
the development of the City's emergency plan, which
plan shall provide for the effective mobilization
of all of the resources of the city, both public
and private, to meet any condition constituting a
local emergency, and shall provide 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.
2.65.090 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 of the City.
2.65.100 Violations.
It shall be a misdemeanor, punishable by a
fine of not to exceed five hundred dollars, or by
imprisonment for not to exceed six months, or both,
for any person, during an emergency to
A. willfully 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 such member by virtue of this
Chapter;
B. Do any act forbidden by any lawful
rule or regulation issued pursuant to this Chapter,
if the act is of such a nature as to give, or be
likely to give, assistance to the enemy, or to
imperil the lives and property of inhabitants of
this City, or to prevent, hinder or delay the
defense or protection thereof;
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C. Wear, carry or display, without
authority, any means of identification specified
by the emergency agency of the state."
SECTION 2. This Ordinance is hereby declared to be an
Urgency Ordinance and shall take effect immediately upon its
adoption. A statement of facts constituting the basis of such
urgency is as follows:
a) That in 1967 Ordinance No. 447 was
adopted by the City Council creating a
Disaster Council for the City of Baldwin Park
and assigning to it certain duties and
functions; and
b) That in 1981 the Baldwin Park
Municipal Code was codified but in the process
of the physical codification, the provisions
of Ordinance No. 447 were, by inadvertance,
not included in the body of that codified
code; and
c) That to ensure that the provisions
relating to the Disaster Council are properly
and lawfully adopted and placed in the Code,
it is necessary by the adoption of this
Ordinance, in effect, to readopt appropriate
provisions of the Baldwin Park Municipal Code
so as to ensure the continuity of the
existence of the said Disaster Council; and
d) That the public interest,
convenience and necessity require the
immediate enactment of this Ordinance.
SECTION 3. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published as
required by law.
PASSED AND Approved DECEMBER 21, 1988.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 1006 was passed
and approved as an urgency ordinance at a regular meeting of the
City Council on December 21, 1988, by the following vote:
AYES COUNCILMEMBERS LOWES MCNEILL IZELL MAYOR KING
NOES COUNCILMEMBERS GIBSON
ABSENT: COUNCILMEMBERS NONE
CITY CLERK
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