HomeMy WebLinkAboutORD 034ORD 034ê79wV ×P í 8 I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BALDWIN PARK
ESTABLISHING A CIVIL DEFENSE AND DISASTER
COUNCIL, ENUMERATING THE POWERS AND DUTIES,
APPOINTING A DIRECTOR, AND 1'0 BE KNOWN AS
PART 2, ARTICLE II, CHAPTER 2, SECTIONS
2210.1, 2210.2, 2210.3, 2210.4, 2210.5,
2210.6, 2210.7,;210.8, 2210.9, 2210.10, 2210.11,
OF THE BALDWIN PARK MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. A new part is hereby added to the Baldwin Park
Municipal Code, to be known as Part 2, Article II, Chapter 2, and there is
hereby enacted new Sections Nos. 2210.1, 2210.2, 2210.3, 2210.4, 2210.5, 2210.6,
2210.7, 2210.8, 2210.9, 2210.10, and 2210.11 of the Baldwin Park Municipal
Code.
Section 2210.1. Purposes. The declared purposes of this
past of the Baldwin Park Municipal Code 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 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 Baldwin Park.
Section 2210.2 Civil Defense.
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) Disasters. As used in this ordinance, the term tdisaster*
shall mean actual or threatened enemy attack, sabotage, extraordinary fire,
flood, storm, epidemic, riot, earthquake or other similar public calamity.
Section 2210.3. Civil Defense and Disaster Council Membership.
The Baldwin Park Civil Defense and Disaster Council is hereby created and
shall consist of the following:
a) The mayor, who shall be chairman.
b) The director of civil defense and disaster, who shall be vice
chairman.
c) The assistant director, appointed by the Mayor, with the
advice and consent of the City Council who, under the supervision of the
director, shall develop defense and disaster plans and organize the civil
defense and disaster program of this city, and shall have sues other duties
as may be assigned by the director.
ORD 034ê79wV ×P í 8 Ord. No. 34
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 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 2210.4. Civil Defense and Disaster Council. Powers and
Duties. It shall be the duty of the Baldwin Park; 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 agree-
ments 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 2210.5. Director of Civil Defense and Disaster. Powers
and Duties. There is hereby created the office of director of civil defense
and disaster. Such officer shall be appointed by the Mayor with the advice
and consent of the City Council.
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 proclamation if the City Council is
not in session, subject to confirmation by the City Council at the earliest
practicable time;
b) To request the Governor to proclaim a state of extreme
emergency when in the opinion of the Mayor and director-be resources of the
area or region are inadequate to cope with the disaster; such request shall
be made through the office of the Mayor.
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 responsibility 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 pertaining to civil
defense and disaster.
Section 2210.6. 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 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.
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ORD 034ê79wV ×P í 8 Ord. No. 34
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 volunteers;
tD To requisition necessary personnel or material of any City
department or agency;
e) To execute ail of the special powers conferred upon him by
this ordinance or by resolution adopted pursuant thereto, all 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 3879 of the Government 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 2210.7. 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, organizations and
persons who may by agreement or operation of law, including persons pressed
into service under the provisions of Section 2210.6 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 Baldwin Park.
Section 2210.8. Divisions Services and Staff of the Civil
Defense and Disaster Organization. The functions and duties of the Baldwin
Park 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.
Insofar 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 2210.9. Punishment of Violations. It shall be a
misdemeanor, punishable by a fine of not to exceed 500.00, or by imprison-
ment 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 or;anization 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) 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
identification specified by the civil defense and disaster agency of the
State.
Section 2210.10. Effective date. This ordinance is hereby
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ORD 034ê79wV ×P í 8
ORD.N0.34
declared to be an emergency measure necessary for the immediate preservation
of the public peace, health and safety, and shall take effect immediately.
The following is a statement of the facts showing its urgency:
The National Security Resources Board of the Federal Government
has recently published its plan for the civil defense of the country. The
State of California, acting in accordance with the Federal plan, has enacted
and made immediately effective the Civil Defense Act of 1950". Both
Congress and the Legislature have adopted comprehensive civil defense and
disaster laws. Both Federal and State plans contemplate immediate adoption
of such local legislation as is necessary to put into operation a coordim ted
and effective civil defense and disaster program so that each citizen and
each community will be ready in the event of a disaster to afford as complete
protection as is possible to life and property. In order that the laws of
this City relating to civil defense and disaster may be brought into conformity
with the Federal and State plans at the earliest possible date, it is
necessary that this ordinance take effect immediately.
Section 2210.11 SSeverability. 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 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 2. The City Clerk shall certify to the adoption of this
Ordinance, and shall cause the same to be published or posted in the manner
required by law.
PASSED AND APPROVED this 7th day of J311t11Ty 19 57
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS AW ELES ss
CITY OF BALDWIN PARK
1, ELMER COOK, being the duly elected and qualified Clerk of the
City of Baldwin Park, hereby certify that the foregoing Ordin ce was
irtro ed at the meeting of the City Council held on the day of
195, and sam was duly adopted t the
regular meeting the City Council held on the L day of
195, by the following vote: f'
AYES: Councilmen
NOES: Councilmen
ABSENT: Councilmen
City Clerk
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ORD 034ê79wV ×P í 8 aD, NOi 34
I AVhi' CAF PC:S1ING BY CITY CLACK
COUNTY LJS AUUCvLES ss
CITY CAF 3AL)IIIII PARK
rlmer Cook, beir duly swarm, deposes and says
That I am the duly elected and qualified City
Clerk of the City of Baldein ark; that on Lhe 17th day
of January 1957., I caused to be posted
in ti~ree conspicuous places a cpy o: Ordinance No. 34
as required by law and the Baldwin Park Municipal Code.
Eln$r Coo
subscribed and surorn to before me
toil day of 195 7
Notar y- Public in and for a" i t County,
and State.
0 J"
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