HomeMy WebLinkAbout615 - Major Disaster Procedure• repealed.
SECTION 2: Sections 2 5 0 0,
2501, 2502, 2503, 2504, 2505, 2506,
2507, 2508 and 2509 are hereby
added to the Municipal Code of
the City of Newport Beach as
follows, to wit:
"Section 2500. Disaster. As
used in this ordinance, the term
"disaster" shall include, but is not
limited to, any extraordinary fire,
flood, riot, storm, epidemic or
earthquake or any enemy attack
or sabotage, which causes or
threatens to cause loss of life or
property and in which occurrence
the responsibility devolves upon
the regular constituted authorities
for the maintenance of public
peace and order and the preserva-
tion of life and property. It shall
not include any conditions result-
ing from a labor controversy."
"Section 2501. Disaster Council.
Membership. The City of Newport
Beach Disaster Council is hereby
created and shall consist of the
following:
(A) The Mayor, who shall be
chairman.
(B) The Commander, who
shall be vice - chairman.
(C) The Vice - Commander, ap-
pointed by the City Manager with
the advice and consent of the City
Council, who in the absence of,
or at the direction of, the Com-
mander, shall act on his behalf on
matters within the purview of
this ordinance.
(D) The Chiefs of Divisions as
hereinafter provided.
(E) Such o t h e r representa-
tives or civic, business, labor,
veterans, professional or other
organizations as may be ap-
pointed by the mayor with the
advice and consent of the City
Council.'
"Section 2502. Disaster Council.
Powers and Duties. It shall be the
duty of the C i t y of Newport
Beach Disaster Council, and it is
hereby empowered:
(A) To develop a plan f or
meeting any disaster. Such plan
shall provide for the effective
mobilization of all the resources
of the community, both public
and private:
(B) To prepare and recom-
mend for consideration by the
City Council ordinances necessary
to implement the disaster plan:
(C) To consider and recom-
mend to the City Council for ap-
proval m u t u a l aid plans and
agreements:
The Disaster Council shall meet
upon call of the chairman."
"Section 2503. Commander.
Powers and D u t i e a. There is
hereby created the office of Com-
mander. Such officer shall be ap-
pointed by the mayor with the
advice and consent of the City
Council.
The Commander is hereby em-
powered:
(A) To proclaim the exist-
ence or threatened existence of a
disaster and the termination
thereof:
(B) To request the Governor
to proclaim a state of extreme
emergency in the area in a n d
around the City of Newport Beach
when in the opinion of the Com-
mander the resources of the com-
munity a r e inadequate to cope
with the disaster:
(C) To govern and direct the
effort of t he City of Newport
Beach Disaster Corps in the ac-
complishment of the purposes of
this ordinance:
(D) To direct coordination and
cooperation between the chiefs of
divisions and resolve questions of
authority and responsibility that
may arise between them:
(E) To represent the Disaster
Corps ,in all dealings with public
or private agencies pertaining to
disaster preparedness.
It shall also be the duty of the
Commander, and he is hereby em-
powered, during a disaster or
when a disaster is imminent:
(A) To make and issue rules
and regulations on matters rea-
sonally related to the protection
of lifeand property as affected by
such disaster:
(B) To obtain vital supplies,
equipment and such other prop-
erties 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:
(D) To requisition necessary
personnel or material of any city
department or agency:
(E) To execute all of his or-
dinary powers as City Manager,
all of the special powers conferred
upon him by this ordinance, and
all powers conferred upon him by
any other lawful authority."
"Section 2504. Executive Offi-
cer. There is hereby created the
position of Executive Officer of
the Disaster Corps. The Executive
Officer shall be appointed by the
City Manager with the advice and
consent of the City Council. The
Executive Officer shall be the
executive secretary of the Dis-
aster Council and shall be chief
of the Division of Personnel and
Recruitment."
"Section 2505. Disaster Corps.
General. Officers and employees
of the City of Newport Beach,
together with those volunteer
forces enrolled to aid them during
a disaster, and all groups, organi-
zations and persona who may be
agreement or operation of law be
charged with duties incident to
the protection of life and property
in the City of Newport Beach
during such disaster, shall con-
stitute the City of Newport Beach
Disaster Corps."
"Section 2506. Divisions of Dis-
aster Corps. The functions and
duties of t h e City of Newport
Beach Disaster Corps shall be dis-
tributed among the following di-
visions of such corps, each division
to be under t h e direction of a
Chief and, in his absence, the first
deputy and second deputy chief,
respectively, appointed by the
Chief, and said division to consist
of the following forces, organiza-
tions and services, and such other
forces, organizations or services
as may be included pursuant to
the provisions of this ordinance.
The chiefs of divisions shall or-
ganize and train volunteers as-
signed to such divisions by the
Personnel and Recruitment Divi-
sion and shall formulate the divi-
sion plan which, when approved
by the Disaster Council, shall be-
come an annex to the disaster
plan. The Chiefs of Divisions shall
include in the division plans rec-
ommended mutual aid agreements.
The Chiefs of Divisions-shall be
custodians of special' equipment :'..
and other property which may be,
obtained from ap3111ource and as-. �. -.
signed to such division by the i
Commander.
(A) Law and,:Order Division. =
This division aha}l be under and
subject to the control of the chief
;rte
✓ J JJ
ORDINANCE NO. 615
AN ORDINANCE REPEALING
SECTIONS 2500 THROUGH
2505 OF THE MUNICIPAL
CODE AND ADDING SEC-
TIONS 2500 THROUGH 2509,
CREATING PROCEDURE TO
BE FOLLOWED IN A MAJOR
DISASTER.
WHEREAS, experience during
the war and peace has demon-
strated the need f or adequate
disaster plans and for mobiliza-
tion of the resources of the com-
munity to cope with such d i c-
asters; and,
WHEREAS, the State of Cali-
fornia has created a State Dis-
aster Council to prepare a state
disaster plan and to recommend
mutual aid regions; and,
WHEREAS, municipalities have
legal authority (Constitution,
Article XI, Section 11, and Mili-
tary and Veterans Code Section
1571, as amended by Statutes of
1945, Chapter 1024, to create
disaster councils for the purpose
of formulating local d i s a s t e r
plans, including mutual aid agree-
ment; now, therefore,
The City Council of the City
of Newport Beach does ordain as
follows:
,
SECTION 1: Sections 2500
2501. 2502, 2503, 2504 and 2505
of the Municipal Code of the City
of Newport Beach, a r e hereby
• repealed.
SECTION 2: Sections 2 5 0 0,
2501, 2502, 2503, 2504, 2505, 2506,
2507, 2508 and 2509 are hereby
added to the Municipal Code of
the City of Newport Beach as
follows, to wit:
"Section 2500. Disaster. As
used in this ordinance, the term
"disaster" shall include, but is not
limited to, any extraordinary fire,
flood, riot, storm, epidemic or
earthquake or any enemy attack
or sabotage, which causes or
threatens to cause loss of life or
property and in which occurrence
the responsibility devolves upon
the regular constituted authorities
for the maintenance of public
peace and order and the preserva-
tion of life and property. It shall
not include any conditions result-
ing from a labor controversy."
"Section 2501. Disaster Council.
Membership. The City of Newport
Beach Disaster Council is hereby
created and shall consist of the
following:
(A) The Mayor, who shall be
chairman.
(B) The Commander, who
shall be vice - chairman.
(C) The Vice - Commander, ap-
pointed by the City Manager with
the advice and consent of the City
Council, who in the absence of,
or at the direction of, the Com-
mander, shall act on his behalf on
matters within the purview of
this ordinance.
(D) The Chiefs of Divisions as
hereinafter provided.
(E) Such o t h e r representa-
tives or civic, business, labor,
veterans, professional or other
organizations as may be ap-
pointed by the mayor with the
advice and consent of the City
Council.'
"Section 2502. Disaster Council.
Powers and Duties. It shall be the
duty of the C i t y of Newport
Beach Disaster Council, and it is
hereby empowered:
(A) To develop a plan f or
meeting any disaster. Such plan
shall provide for the effective
mobilization of all the resources
of the community, both public
and private:
(B) To prepare and recom-
mend for consideration by the
City Council ordinances necessary
to implement the disaster plan:
(C) To consider and recom-
mend to the City Council for ap-
proval m u t u a l aid plans and
agreements:
The Disaster Council shall meet
upon call of the chairman."
"Section 2503. Commander.
Powers and D u t i e a. There is
hereby created the office of Com-
mander. Such officer shall be ap-
pointed by the mayor with the
advice and consent of the City
Council.
The Commander is hereby em-
powered:
(A) To proclaim the exist-
ence or threatened existence of a
disaster and the termination
thereof:
(B) To request the Governor
to proclaim a state of extreme
emergency in the area in a n d
around the City of Newport Beach
when in the opinion of the Com-
mander the resources of the com-
munity a r e inadequate to cope
with the disaster:
(C) To govern and direct the
effort of t he City of Newport
Beach Disaster Corps in the ac-
complishment of the purposes of
this ordinance:
(D) To direct coordination and
cooperation between the chiefs of
divisions and resolve questions of
authority and responsibility that
may arise between them:
(E) To represent the Disaster
Corps ,in all dealings with public
or private agencies pertaining to
disaster preparedness.
It shall also be the duty of the
Commander, and he is hereby em-
powered, during a disaster or
when a disaster is imminent:
(A) To make and issue rules
and regulations on matters rea-
sonally related to the protection
of lifeand property as affected by
such disaster:
(B) To obtain vital supplies,
equipment and such other prop-
erties 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:
(D) To requisition necessary
personnel or material of any city
department or agency:
(E) To execute all of his or-
dinary powers as City Manager,
all of the special powers conferred
upon him by this ordinance, and
all powers conferred upon him by
any other lawful authority."
"Section 2504. Executive Offi-
cer. There is hereby created the
position of Executive Officer of
the Disaster Corps. The Executive
Officer shall be appointed by the
City Manager with the advice and
consent of the City Council. The
Executive Officer shall be the
executive secretary of the Dis-
aster Council and shall be chief
of the Division of Personnel and
Recruitment."
"Section 2505. Disaster Corps.
General. Officers and employees
of the City of Newport Beach,
together with those volunteer
forces enrolled to aid them during
a disaster, and all groups, organi-
zations and persona who may be
agreement or operation of law be
charged with duties incident to
the protection of life and property
in the City of Newport Beach
during such disaster, shall con-
stitute the City of Newport Beach
Disaster Corps."
"Section 2506. Divisions of Dis-
aster Corps. The functions and
duties of t h e City of Newport
Beach Disaster Corps shall be dis-
tributed among the following di-
visions of such corps, each division
to be under t h e direction of a
Chief and, in his absence, the first
deputy and second deputy chief,
respectively, appointed by the
Chief, and said division to consist
of the following forces, organiza-
tions and services, and such other
forces, organizations or services
as may be included pursuant to
the provisions of this ordinance.
The chiefs of divisions shall or-
ganize and train volunteers as-
signed to such divisions by the
Personnel and Recruitment Divi-
sion and shall formulate the divi-
sion plan which, when approved
by the Disaster Council, shall be-
come an annex to the disaster
plan. The Chiefs of Divisions shall
include in the division plans rec-
ommended mutual aid agreements.
The Chiefs of Divisions-shall be
custodians of special' equipment :'..
and other property which may be,
obtained from ap3111ource and as-. �. -.
signed to such division by the i
Commander.
(A) Law and,:Order Division. =
This division aha}l be under and
subject to the control of the chief
;rte
✓ J JJ
0
0
of police, who shall be chief of
the Law and Order Diviscion. The
division shall consist of police per-
sonnel and auxiliary police (vol-
unteers).
(B) Fire Division. This divi-
sion shall be under and subject
to the control of the chief of the
f i r e department, who shall be
Chief of the Fire Division. The
division shall consist of fire de-
partment personnel and auxiliary
fire fighters (volunteers).
(C) Medical Division. This Di-
vision shall be under and subject
to the control of the Chairman
of the City Health and Sanitation
Commission, who hall be Chief of
the Medical Division. The division
shall consist of health department
personnel and medical service vol-
unteers.
(D)Public Works Division. This
division shall be under and sub-
ject to the control of the director
of public works (city engineer)
who shall be Chief of the Public
Works Division. The division shall
consist of the department of pub-
lic works personnel and auxiliary
personnel (volunteers).
(E) Utilities Division. T h i s
division shall be under and sub-
ject to the control of the utilities
department, and the head of such
department shall be Chief of the
division. The division shall con-
sist of utilities department per-
sonnel a n d auxiliary personnel
(volunteers).
(F) Transportation Division.
The Chief of this division shall
be a citizen, experienced and en-
gaged in such industry, appointed
by the mayor with the advice and
consent of the City Council. The
division shall consist of auxiliary
personnel (volunteers).
(G) Communications Division.
The chief of this division shall be
a citizen, experienced a n d en-
gaged in such industry, appointed
by the mayor with the advice and
consent of the City Council. The
division shall consist of auxiliary
personnel (volunteers) and city
personnel engaged in communica-
tions work,
(H) Personnel and Recruit-
ment Division. This division shall
be under and subject to the con-
trol of the Executive Officer. It
shall be the duty of this division
to recruit all volunteer personnel,
to enroll and register such per-
sonnel, to keep adequate records
thereof, and to assign such per-
sonnel to other divisions of the
Disaster Corps, T h e Executive
Officer may establish and operate
a volunteer office.
(I) American Red Cross. The
.,American Red Cross in the City
of Newport Beach will furnish
food, clothing, shelter, registra-
tion and information service, sup-
plementary medical service when
requested, and rehabilitation to
individuals and families affected
I ZZ
by a disaster. The American Red
Cross will provide funds w i t h
which to finance all its relief
operations. The chief of this divi-
sion will be the chairman of the
Ctiy of Newport Beach Chapter
of the American Red Cross, or a
delegated representative thereof.
(7) Water Transportation. The
chief of this division shall be a
citizen, experienced and engaged
in the field of water transporta-
tion, including power and sail
boating, appointed by the mayor
with the advice and consent of
the City Council. The division
shall consist of auxiliary person-
nel (volunteers) and city person-
nel engaged in such activities."
"Section 2507. Volunteers. All
persons, other than officers and
employees of the city, volunteer-
ing services pursuant to the pro-
visions of this ordinance, shall
serve without compensation from
the city. While engaged in such
services, they shall have the same
immunities as officers and em-
ployees of the city performing
similar duties"
"Section 2508. Punishment of
Violations. It shall be a misde-
meanor, punishable by a fine of
not to exceed $500.00, or by im-
prisonment for not to exceed six
months, or both, for any person
during a disaster:
(A) Wilfully to o b s t r u c t,
hinder or delay any member of
the Disaster Corps in the enforce-
ment of any lawful rule or regula-
tion issued pursuant to this ordin-
ance, or in the performance of any
duty imposed upon him by virtue
Of this ordinance:
(B) To do any act forbidden by
any lawful rule or regulation
issued pursuant to this ordinance,
if such act if of such a nature as
to give, or be likely to give assis-
tance to the enemy, or to imperil
the lives or property of other in-
habitants of this city, or to pre-
vent, hinder or delay the defense
of protection thereof:
(C) To wear, carry or display,
without authority, any means of
identification specified by the Dis-
aster Council."
"Section 2509. Effective Date.
This ordinance is hereby declared
to be an emergency measure
necessary for the immediate pres-
ervation of the public peace, health
and safety, and shall take effect
immediately. The following is a
statement of the facts showing its
urgency:
A complete and adequate dis-
aster plan must be formulated at
once by the Disaster Council. The
plan will be based upon plans for-
mulated by the chiefs of divisions
and upon mutual aid agreements.
To protect the lives and property
of the citizens of the City of New-
port Beach, responsibility for the
formulation of such p l a n s and
agreements should be fixed Im-
mediately."
SECTION 3: This ordinance
shall be published at least once in
the Newport- Balboa Press, a news-
paper printed and published in the
City of Newport Beach, and shall
take effect immediately upon the
final passage thereof.
The above and foregoing ordin-
ance was introduced at a regular
meeting of the City Council of
the City of Newport Beach held
on the 27th day of February, 1950,
and was finally passed and adopt-
ed on the 13th day of March, 1950,
by the following vote, to -wit:
AYES, Councilmen Greeley,
R o b e r t s o n, Isbell, Blue,
Drake.
NOES, Councilmen None.
ABSENT, Councilmen None.
DICK DRAKE,
Attest: Mayor.
C. K. PRIEST,
City Clerk.
No. 411 — Press.
Publish 3/16/50.
STATE OF CALIFORNIA
COUNTY OF ORANGE �SS.
CITY OF NEWPORT BEACH
I- ---------------- --- - - - - - -C • ...K• --.PRI S1----- ---------------- ------- - - -- - -- City Clerk of the City of
Newport Beach, California, do hereby certify that the foregoing -- _QrdlnBnae -----
. - -..
No --- _.611 ----------------- was duly and regularly adopted, passed, and approved by the City
Council of the City of Newport Beach, California, at a regular meeting of said City
Council held at the regular meeting place thereof, on the ----- ljtb -day, of ----- Mar- ch ---------
1959 ------ by the following vote:
AYES: COUNCILMEN ------ Greele_! -, -- _Robert- son- ,--- Iabell- ,-- i -lue,- _Drake - - - --
NOES: COUNCILMEN
u
ABSENT: COUNCILMEN -- ._None
Dated this -------- 23rd ----- day of ------ - - - - -- ------- ---- -------- R$rch ----- - ------- - - - - -- 19-- -5Q - - --
- -- --- /C-- - �-V cjLc.( - - - -- --
City Clerk and Ex- Officio Clerk of the City Council,
City of Newport Beach, State of California.