Loading...
HomeMy WebLinkAbout615 - Major Disaster Procedure• repealed.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.