HomeMy WebLinkAbout88-44 - Amending Chapter 2.20 Pertaining to Emergency Services and ProclamationsORDINANCE NO. 88- 44
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 2.20 PERTAINING TO
EMERGENCY SERVICES AND PROCLAMATIONS.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1. The provisions of Section 2.20 are amended
_ 7— in the Newport Beach Municipal Code to read as follows:
Section 2.20.010. Purpose.
The purpose of this chapter is to provide for the
preparation and implementation of plans to provide services within
this City in the event of an emergency, to empower certain City
officials to promulgate orders and regulations necessary to
provide for the protection of life and property or to preserve
public order and safety, and to provide for the coordination of
the emergency service functions of this City with all other public
agencies and affected private persons, corporations, and
organizations.
Section 2.20.020. EmerctencV Defined.
As used in this chapter, "local emergency" or
"emergency" means the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and
property within the City caused by such conditions as air
pollution, fire, flood, storm, Tsunami, drought, sudden and severe
energy shortage, plant or animal infestation or disease, the
Governor's warning of an earthquake or volcanic eruption, riot, or
ther conditions, except those resulting from a labor controversy,
;rich are, or are likely to be, beyond the control of the
lqpjor=P� services, personnel, equipment and facilities of the City, and the
control of which requires the combined forces of this City with
other political subdivisions.
Section 2.20.030. Emergency Council- Members.
The City of Newport Beach Emergency Council is hereby
created and shall consist of the following members:
(A) The Mayor, who shall be chairman, or in his
or her absence, the Mayor Pro Tempore;
(B) The remaining members of the City Council;
(C) Other officers and employees of the City of
Newport Beach, and representatives of civic, business, labor,
veterans, professional, or other organizations within the
community, as may be designated as members by the Emergency
Operations Plan.
Section 2.20.040. Emergency Council- Powers.
The Emergency Council is empowered to review, and
recommend for adoption by the City Council, emergency and mutual
aid plans and agreements and such ordinances, resolutions, rules,
and regulations as are necessary to implement these plans and
• agreements, and to perform such other functions as may be
designated in the Emergency Operations Plan. The Emergency
Council shall meet upon call of the Mayor or in his or her absence
the Mayor Pro Tempore or the City Manager.
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Section 2.20.050. Emergency Operations Plan.
The City Council shall adopt an Emergency Operations
Plan. The 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, state of emergency,
or state of war emergency as those terms are defined in this
ordinance or by state law. The Emergency Council shall
periodically review the Plan and propose, to the City Council,
changes which will insure the maximum effectiveness of the Plan.
The Plan shall be considered supplementary to this chapter, but
_ shall have the effect of law whenever an emergency, as provided in
this chapter, has been proclaimed.
Section 2.20.060. Director and Assistant Director
of Emergency Operations- Powers
and Duties.
The Director of Emergency Operations, who shall be
the City Manager, and Assistant Director of Emergency Operations,
who shall be appointed by the Director shall have the following
powers and duties:
(A) Request the City Council proclaim the
existence or threatened existence of a local emergency, and the
termination thereof, if the Council is in session. The Director
or Assistant Director may issue such a proclamation if the Council
is not in session, and in such event, the City Council shall take
action to ratify the proclamation at the earliest practicable
time, but in no event more than seven (7) days after issuance of
the proclamation.
(B) Request the Governor proclaim a state of
emergency when, in the opinion of the Director or Assistant
,Mirector, resources available locally are inadequate to cope with
he emergency.
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(C) Control and direct the efforts of the
emergency organization of the City to accomplish the purposes of
this chapter.
(D) Direct cooperation between, and
coordination of, the services and staff of the emergency
organization of the City and resolve questions of authority and
responsibility that may arise between them.
(E) Represent the emergency organization of the
City in all dealings with public or private agencies pertaining to
emergencies as defined in this chapter.
(F) Prepare and maintain, on a current basis,
the Emergency Operations Plan as provided, and described, in this
chapter, and submit the Plan to the City Council for approval.
Section 2.20.070. Director - Assistant Director -
Emergency Powers.
In the event of the proclamation of a local
emergency, the proclamation of a state of emergency by the
President, Governor, or State Director of Office of Emergency
Services, the Director is empowered, within limitations specified
• in the City Charter, to do the following:
(A) Make, issue, and enforce rules, orders or
regulations reasonably related to the protection of life and /or
property, or the preservation of public order and safety. These
rules, orders and regulations shall include, but not be limited
to, any one or more of the following:
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(1) An order imposing a curfew within the
entire City, or designated boundaries. The order imposing the
curfew shall prohibit the presence of any person on any public
highway, sidewalk or place, and may prohibit presence in any
outdoor place, public or private;
along, or egress from
road within the City;
the sale
- a portion
of alcoholic
of the City.
(2) An order prohibiting access to, travel
any public or private street, highway or
(3) An order prohibiting or restricting
beverages in or from any business in all or
(B) All rules, orders and regulations made and
issued pursuant to this chapter, and any amendment or rescission
thereof, shall be in writing and given widespread publicity and
notice. No rule, order or regulation issued pursuant to this
chapter shall be effective unless and until widespread publicity
and notice have been given, and, in the case of any curfew order,
such order shall not be effective until notice of the curfew order
has been given within the boundaries of the area subject to the
curfew by mobile sound trucks or vehicles equipped with public
announcement systems. Rules, orders and regulations issued
pursuant to this chapter shall remain in effect for the period
specified in the declaration of emergency, but no rule, order or
regulation shall remain in effect for more than seven (7) days
unless confirmed and ratified by the City Council. All rules,
orders and regulations issued pursuant to this chapter shall be
ratified and confirmed at the earliest practicable time by the
City Council, but in no event shall confirmation and ratification
occur more than seven (7) days after issuance. Prior to
confirmation and ratification, the Director or Assistant Director
shall provide the City Council with the written emergency
proclamation, all other related documents, and a report explaining
he facts and circumstances which prompted the emergency
-' roclamation and issuance of emergency rules, orders and
w� regulations.
(C) To obtain vital services, supplies,
equipment and such other properties as are found lacking and
needed for the protection of the life and property of the people,
bind the City to pay fair market value for the goods and services,
and if required immediately, to commandeer the same for public
use.
(D) To require emergency services of any City
officer or employee, and to requisition the necessary City
material, and in the event of the proclamation of extreme
emergency by the Governor, in the region in which this City is
located, to request the aid of as many citizens of this community
as the Governor deems necessary in the execution of these duties.
Such person shall be entitled to all privileges, benefits and
immunities as provided by state law for registered emergency
services and disaster workers and volunteers.
(E) Exercise all ordinary powers of the City
Manager, as well as all special powers conferred upon the Manager
by this chapter, by any provision of state or local law, by any
agreement approved by the City Council, by the Emergency
Operations Plan then in effect, or special power vested in City by
any other lawful authority.
. (F) Designate the order of succession to the
office of Director of Emergency Operations to take effect in the
event the Director, and Assistant Director, are unavailable to
take appropriate action pursuant to the provisions of this
chapter. The order of succession shall be approved by the City
Council and shall be specified in the Emergency Operations Plan.
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Section 2.20.080. Emergency Organization.
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 be charged with duties incident to
the protection of life and property in this City during an
emergency, including persons pressed into service under the
provisions of Section 2.20.070 of this chapter, shall constitute
the Emergency Organization of the City of Newport Beach.
Section 2.20.090. Expenditures.
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_ Any expenditures made in connection with the
provision of emergency services, 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 Newport
Beach.
Section 2.20.100. Violation.
It shall be a misdemeanor punishable as provided in
Section 1.04.010 of the Municipal Code of the City of Newport
Beach, 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 order, rule or regulation issued pursuant to this chapter,
or in the performance of any duty imposed upon the member by
virtue of this chapter.
(B) Do any act forbidden by any lawful rules or
regulations issued pursuant to this chapter, or to imperil the
lives or 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 lawful
w"w- authority, any means of identification specified by the emergency
agency of the State of California or the City of Newport Beach.
Section 2.20.110. Severability.
If any section, subsection, sentence, clause or
phrase of this ordinance is, for any reason, held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether a portion of
the ordinance would be subsequently declared invalid or
unconstitutional.
Section 2: The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) days
after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 14th day of November, 1988, and adopted on the 28th day of
November, 1988, by the following vote, to -wit:
• AYES, PLUMMER. STRAUSS. HART, SANSONE, WATT
NOES,
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ABSENT TURNER, COX
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Mayor
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_ ATTEST:
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City Clerk Al
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