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Home My WebLink About637 - Civil Defense & Disasteru 0 ORDINANCE NO. 637 ORDINANCE RELATING TO CIVIL DEFENSE AND DIS- ASTER REPEALING SEC -[ TIONS 2500 'THROUGH 2510 OF THE MUNICIPAL CODE.I The City Council of the City ! of Newport Beach does ordain as follows: SECTION 1: Sections 2500, 2501, 2502, 2503, 2504, 2505, 2506, 2507, 2508, 2509 and 2510 of the Municipal Code of the City of Newport Beach are hereby re- pealed; provided, that it is the intent of the City Council in en- acting this chapter that it shall be considered a revision and con- tinuation of the sections repeal- ed by .this Ordinance, and the status of volunteers shall not be ,affected by such repeal; nor shall civil defense and disaster mutual i aid plans and agreements, rules Iand regulations adopted pursuant to such repealed sections be af- fected by such repeal until amended, modified, or superseded as provided in this chapter. SECTION 2: Sections 2500, j2501, 2502, 2503, 2504, 2505, 2506, 12507 and 1508 are hereby added to the Municipal Code of the City of Newport Beach to read as fol- lows: Section 2500. Purpose. , The l :declared purposes of this chapter' are to provide for the prepara -, tion and carrying out of plans for the civil defense of persons and property within this City in the event of a disaster, and to pro- , vide for the coordination of the (civil defense and disaster func- tions of this City with all other public agencies and affected pri- vate persons, corporations and or- ganizations. A n y expenditures made in connection with such -civit -defense - aid— dieastar-act147- ties, including mutual aid activi- ties, shall be deemed conclusive- ly to be for the direct protection i and benefit of the inhabitants and i property of the City of Newport Section 2501. Definitions. (A) I Civil Defense. As used in this chapter, the term "civil defense "' shall mean the preparation for and the carrying out of all emer- gency functions, other than func -I tions for which military forces are primarily responsible, to pre- vent, minimize, and repair injury and damage resulting from dis -' aster. It shall not include, nor does any provision of this ordi- nance apply to any condition re- lating to a labor controversy. (B) Disasters. As used in this chapter, the term "disaster" shall' mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar pub- s lie calamity. Section 2502: Civil Defense and Disaster Council. Membership The City of Newport Beach Civi? Defense and Disaster Council is hereby created and shall consist of the following: (A) The mayor, who shall be chairman. (B) The city manager, who shag be vice- chairman and Di- rector of civil defense and dis- aster. (C) The assistant director, ap- pointed by the City Manager with the advice and consent of the City Council, who, under the 'su- 1 pervision of the director, shall ldevelop civil defense and dis- aster plans and organize the civil defense and disaster program of this city, and shall have such j other duties as may be assigned Lby the director. (D) Such deputy directors and ♦chiefs of operating civil defense and disaster departments, ser- vices or divisions as are provid- ed for by resolution pursuant to this ordinance. (E) Such representatives of civic, business, labor, veterans.' professional or other organiza- tions 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 2503. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the Newport Beach civil defense and disaster council, and it is hereby empowered to review and recommend for adoption by the city council, civil defense and dis- aster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agree- : ments. The civil defense and dis- li aster council shall meet upon all of the chairman or in his sb- sence from the city or inability to call such meeting, upon the call of the vice chairman. Section 2504. Director of Civil Defense and Disaster. Powers and Duties. There is hereby created -the office of director of civil de- fense and disaster. The director is hereby em- powered: ' (A) To request the city coun- 1 cil to proclaim the existence or , threatened existence of a disaster land 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 prat -1 . ticable time: (B) To request the Governorl Ito proclaim a state of extreme . emergency when in the opinion of (the director the resources of the* 'area or region are inadequate to cope with the disaster; (C) To control and direct the effort of the civil defense and dis- aster organization of this city for ;the accomplishment of the pur- pose of this ordinance; (D) To direct coordination and cooperation between alvislons, ." - vices 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 de- fense and disaster organization of this city in all dealings with pub- lic or private agencies pertaining to civil defense and disaster. Section 2505: In the event of the proclamation of a disaster as herein provided, or the proclama- tion of a state of extreme emerg- ency by the Governor or the; State Director of Civil Defence, . the director is hereby empowered:, (A) To make and issue rules' and regulations on matters reas- onably related to the- protection of life and property as affected by such disaster; provided, how- ever, such rules and regulations must be confirmed at the earliest j practicable time by the city coun- t cil; (B) To obtain vital suni,lies, . 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 there- of, and if required immediately. to commandeer the same for pub- lic use; (C) to require emergency ser- vices of any city officer or em -I ployee and, in the event of the proclamation of a state of ex- treme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this com- munity as he thinks necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits and immuni- ties as are provided by state law for registered civil defense and disaster vvr Mer-voluateers; (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 confer- red upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred up- on him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 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 2506. Civil Defense and Disaster Organization. All offi- cers and employees of this city, together with those volunteer forces enrolled to aid them dur- ing a disaster, and all groups, or- ganizations and persons who may by agreement or operation of law. including persons pressed into ser- vice under the provisions of Sec- tion 2505 (C) of this Chapter, be charged with duties incident to the protection of life and proper- ' ty in this city during such disas- ter, shall constitute the civil de- fense and disaster organization of the City of Newport Beach. Section 2507. Divisions, Ser- vices and Staff of the Civil De- fense and Disaster Organization. The functions and duties of the Newport Beach 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 concur- rently with the adoption of this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assign - me11t of functions, duties and poArs, the designation of offi- cers and employees. Insofar as Possible, the form of organization, titles an0 terminology shall con- form to the recommendations of the Federal government and the Civil Defense agency of the State A California. 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 curing a disaster: (A) Wilfully to obstruct, hin- ter or delay any member of the ;ivil defense and disaster organi- sation in the enforcement of any awful rule or regulation issued mrsuant to this Chapter, or in he performance of anv duty im- losed upon him by virtue of this lhapter; (B) To do any act forbidden by any ]awful rules or regulations issued pursuant to this Chapter. if such act Is of such a nature aY to give, or be likely to give as- sistance to the enemy, or to im- peril the lives or property of in- habitants of this city, or to pre- vent, 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 3: Effective Date. This ordinance is hereby declared Ito be an emergency measure nec- essary for the immediate preser- vation 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 Resour- ces Board of the Federal Govern- ment 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 the Congress and the Legislature have adopted comprehensive civil ,defense and disaster laws. Both Federal and State plans con em- plate immediate adoption of such, local legislation as is necessary L, to put into operation a coordi- nated and effective civil defense and disaster program so that each citizen and each community will be ready in the event of a dis- aster to afford as complete pro- tection as is possible to life and property. In order that the laws of this city relating to civil de- fense and disaster may be brought into conformity with the Federal and State plans at the earliest possible date, it is nec- essary that this ordinance take effect immediately. SECTION 4: Severability, If any provision of this ordinance or the application thereof th any person or circumstances is held invalid, such invalidity shall not affect other provisions or applica- of the ordinance which can Vtions be given effect without the in- valid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 5: This ordinance shall be published at least once in the Newport - Balboa Press, a newspaper of general circulation, printed and published in the City of Newport Beach, and shall take effect immediately upon the final passage thereof. The above and foregoing Ordi- . once was introduced at a regular meeting of the City Council of the City of Newport Beach, held on 23rd day of April, 1951, and was finally passed and adopted on the 14th day of May, 1951, by the following vote, to wit: AYES, Councilmen Finch, Ram- Greeley, Blue, Isbell. NOES, Councilmen, None, E . ABSENT, Councilment, None. L. L. ISBELL, Mayor ATTEST: C. K. PRIEST, City Clerk No. 703 —Press Publish May 17, 1951 STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH I C. -K. PRIEST , City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing Ordinance ------------------------------------------------------------------ Y 9 g------ -- --- No. .....----- 6- y7----------- - - - - -- -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 -i th------_day, of ------------------------ i°!aY ----------------------------- 19..11. by the following vote: AYES: COUNCILMEN ------- Tip-ph - ..... amse -y, - -- Blue -, - -- _Greeley, -- _Isbell • NOES: COUNCILMEN. • ABSENT: COUNCILMEN --- None----------------- --------------- -------------- --------- ---------------------------- -- Dated this..... 4th------ ----day of ------------ -------------- ------- ---- - -- August ----- --------------- --- ------ 19_51. NB 130 -500 -6/51 --- ------------ --- -- ----- - ----- City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California