HomeMy WebLinkAbout651 Establishing Emergency Organization., -
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INANCE N0. 651
AN ORDINANCE OF THE CITY OF UKIAH ESTABLISHING
AN EMERGENCY ORGANIZATION AND SETTING FORTH ITS
FUNCTIONS AND REPEALING CONFLICTING ORDINANCES
The City Council of the City of Ukiah does Ordain as follows:
Section 1. Chapter 2 of the Ukiah City Code shall read as follows:
CHAPTER 2 - EMERGENCY ORGANIZATION & FUNCTION
ARTICLE 1 - PURPOSES AND DEFINITION
Section 5100 - Purposes:
The declared purposes of this ordinance 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
emergency functions of this city with all other public agencies, cor-
porations, organizations, and affected private persons.
Section 5101 - "Emergency" defined:
As used in this ordinance, "emergency" shall mean 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 go beyond the control of the services, personnel, equipment,
and facilities of this city, requiring the combined forces of other
political subdivisions to combat.
ARTICLE 2 - DISASTER COUNCIL
Section 5110 - Membership:
The City of Ukiah 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, adopted
pursuant to this ordinance.
e) Such representatives of civic, 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.
Section 5111 - Powers and Duties:
It shall be the duty of the City of Ukiah Disaster Council
and it is hereby 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.
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ARTICLE 3 - DIRECTOR AND ASSISTANT DIRECTOR
Section 5120 - Director:
There is hereby created the office of director of emergency
services. The City Manager shall be the director of emergency services.
Section 5121 - Assistant Director:
There is hereby created the office of assistant
director of emergency services, who shall be appointed by the
director.
Section 5122 - Powers and Duties:
The director is hereby 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, Whenever a local emergency is proclaimed by the director,
the City Co ncil shall take action to ratify the proclamation within
7 days ther after or the proclamation shall have no further force or
effect.
b) Request the Governor to proclaim a "state of emergency"
when, in t e opinion of the director, the locally available resources
are inadequate to cope with the amergency.
Control and direct the effort of the emergency
organizati n of this city for the accomplishment of the purposes
of this or finance.
Direct cooperation between and coordination of services ____
and staff f the emergency organization of this city; and resolve
questions f authority and responsibility that may rise between
them.
Represent this city in all dealings with public or
private ag ncies on matters pertaining to emergencies as defined
herein.
In the event of the proclamation of a "local emergency"
as herein rovided, the proclamation of a "state of emergency"
by the Gov rnor or the Director of the State Office of Emergency
Services, r the existence of a "state of war emergency," the director
is hereby mpowered:
1) To make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected
by such em rgency; provided, however such rules and regulations must
be confirm d at the earliest practicable time by the City Council;
2) To obtain vital supplies, equipment, and such
other pro erties found lacking and needed for the protection of life
and prope ty and to bind the city for the fair value thereof and,
if requir d immediately, to commandeer the same for public use;
3) To require emergency services of any city officer -
or employ a and, in the event of the proclamation of a "state of
emergency' in the county in which this city is located or the existenc
of a "sta a of/e~ergency," to command the aid of as many citizens
of this c mmunity as he deems necessary in the execution of his
duties; s ch persons shall be entitled to all privileges, benefits,
and immun ties as are provided by state law for registered disaster
service w rkers;
/or to issue such proclamation if the City Council is in session.
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4) To requisition necessary personnel or material
of any city department or agency; and
5) To execute all of his ordinary power as City
Manager, all of the special powers conferred upon him by this
ordinance or by resolution or emergency plan pursuant hereto adopted
by the City Council, all powers conferred upon him by any statute,
by any agreement approved by the City Council, and by any other lawful
authority.
g) The director of emergency services shall designate the
order of succession to that office, to take effect in the event the
director is unavilable to attend meetings and otherwise perform
his duties during an emergency. Such order of succession shall be
approved by the City Council.
h) 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.
ARTICLE 4 - EMERGENCY ORGANIZATION AND PLAN
Section 5130 - Membership:
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 be`, agreement or operation
of law, including persons impressed into service under the provisions
of SEction 5122 (f)(3) of this ordinance, be 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 of Ukiah.
Section 5131 - Plan:
The City of Ukiah Disaster Council shall be responsible for
the development of the City of Ukiah 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 ewer@ency, or state of war 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.
ARTICLE 5 - EXPENDITURES
Section 5140 - 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 Ukiah.
ARTICLE 6 - ENFORCEMENT
Section 5150 - Punishment of Violations:
It shall be a misdemeanor, punishable by a fine of not to
exceed five hundred dollars ($500), 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
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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
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) Wear, carry, or display, without authority, any means
of identification specified by the emergency agency of the State.
Section 5151 - Repealer and continuation:
All ordinances or parts of ordinances in conflict here-
with, and specifically City of Ukiah Ordinance No. 441 adopted in
1951, as set forth as Division 6, Chapter 2 of the Ukiah City Code,
are hereby 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 the ordinance repealed by this ordi-
nance, and the status of volunteers shall not be affected by such
repeal; nor shall 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 2. Severability:
If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid,such invalidity shall
not affect other provisions or applications, and to this end the
provisions of this ordinance are declared to be severable.
Section 3. Effective Date:
This ordinance shall become effective thirty (30) days from
and after its adoption.
Section 4. Publication:
The Clerk is directed to cause this ordinance to be published
as provided by law in the Ukiah Daily Journal, a newspaper
of general circulation, published and printed in the City of Ukiah.
PASSED AND ADOPTED this 19th day of September 1973, by the
following roll call vote:
AYES: Councilmen Weinkauf, Norgard, Pearson, Mayor Simpson
NOES: None
ABSENT: Councilman Buxton.
s/Jack Simpson
Mayor
ATTEST:
s/Hattie M. Tillotson
City Clerk
CAT3~ ~~i~K
City Of Ukiah, California
Certified To 9e A True And Exact Copy
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pa_e Itiattie hi. Tillotson