HomeMy WebLinkAbout3180 i _
11 ORDINANCE N0.
2I AN ORDINANCE OF THE CITY OF SAN BERNARDTNO RELATING TO
EMERGENCY ORGANIZATION AND FUNCTIONS; AND REPEALING ORDINANCE
3 NOS. 1664, 1820, 1904 and 1931,
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1. PURPOSES. The declared purposes of this ordi-
6
nance are to provide for the preparation and carrying out of
7
plans for the protection of persons and property within this City
8
in the event of an emergency; the direction of the emergency or-
9
ganization; and the coordination of the emergency functions of
10
this City with all other public agencies, corporations, organi-
11
zations and affected private persons.
12
SECTION 2. DEFINITION. As used in this ordinance, "emer-
13
gency" shall mean the actual or threatened existence of conditions
14
of disaster or of extreme peril to the safety of persons and
15
property within this City caused by such conditions as air pollu-
16
tion, fire, flood, storm, epidemic, riot, or earthquake, or other
17
conditions, including conditions resulting from war or imminent
18
threat of war, but other than conditions resulting from a labor
19
controversy, which conditions are or are likely to be beyond the
20
control of the services, personnel, equipment, and facilities of
21
this City, requiring the combined forces of other political sub-
22
divisions to combat.
23
SECTION 3. DISASTER COUNCIL MEMBERSHIP. The City of San
24
Bernardino Disaster Council, hereinafter called "San Bernardino
25
Disaster Council"~ is hereby created and shall consist of the
26
following:
27
A. The Mayor, who shall be Chairman.
28
B. The Director of Emergency Services, who shall be Vice
29
Chairman.
30
C. Such chiefs of emergency services as are provided for
31
in a current emergency plan of this city; adopted pursuant to
32
this ordinance.
1 Do Such representatives of civic, business, labor, veterans,
2 professional, or other organizations having an official emergency
3 responsibility,' as may be appointed by the Mayor with the advice
~ 4 and consent of the Common Councilo
5 SECTION 4o DISASTER COUNCIL POWERS AND DUTIES. It shall
6 be the duty of the San Bernardino Disaster Council, and it is
7 hereby empowered, to develop and recommend for adoption by the
8 Common Council, emergency and mutual aid plans and agreements
~ 9 and such ordinances and resolutions and rules and regulations as
10 are necessary to implement such plans and agreements. The Dis-
11~ aster Council shall meet upon call of the Chairman or, in his
12 absence from the City or inability to call such meeting, upon call
13 of the Vice Chairman.
14 SECTION 5p DIRECTOR OF EMERGENCY SERVICES, A. There is
15 hereby created the office of Director of Emergency Services, who
16 shall be appointed by the Mayor subject to the approval of the
17 Common Councilo
18 SECTION 6. POWERS AND DUTIES OF CHAIRMAN OF DISASTER
19 COUNCIL. A. The Mayor as Chairman of the San Bernardino Disaster
20 Council is hereby empowered to;
21 (1) Request the Common Council to proclaim the existence
22 or threatened existence of a "local emergency" if the Common
23 Council is in session, or to issue such proclamation if the
24 Common Council is not in session, Whenever a local emergency is
25 proclaimed by the Mayor, the Common Council shall take action to
26 ratify the proclamation within seven (7) days thereafter or the
27 proclamation shall have no further force or effect.
28 (2) Request the Governor to proclaim a "state of emergency"
29 when, in the opinion of the Mayor the locally available resources
30 are inadequate to cope with the emergency.
31 (3) Control and direct the effort of the emergency organi-
32 zation of this City for the accomplishment of the purposes of
this ordinance.
-2-
11 (4) Direct cooperation between and coordination of services
i
2~ and staff of the emergency organization of this City; and resolve
3i questions of authority and responsibility that may arise between
4 them.
5 (5) Represent this City in all dealings with public or
6 private agencies on matters pertaining to emergencies as defined
7 herein.
8~ (6) In the event of the proclamation of a "local emergency"
9 as herein provided; the proclamation of a "state of emergency" by
l0l the Governor or the Director of the State Office of Emergency
111 Services, or the existence of a "state of war emergency," the
12 Mayor is hereby empowered;
13 (a) To make and issue rules and regulations on matters
14 reasonably related to the protection of life and property as
15 affected by such emergency; provided, however, such rules and
16 regulations must be confirmed at the earliest practicable time by
17 the Common Council;
18 (b) To obtain vital supplies equipment, and such other
19 properties found lacking and needed for the protection of life
20 and property and to bind the City for the fair value thereof and,
21 if required immediately to commandeer the same for public use;
22 (c) To require emergency services of any city officer
23 or employee and, in the event of the proclamation of a "state of
24 emergency" in the county in which this City is located or the
25 existence of a "state of war emergency," to command the aid of as
26 many citizens of this community as he deems necessary in the
27 execution of his duties; such persons shall be entitled to all
28 privileges, benefits, and immunities as are provided by state law
29 for registered disaster service workers;
30 (d) To requisition necessary personnel or material of
31~ any city department or agency; and
32 (e) To execute all of his ordinary power as Mayor, all
-3-
!i
_ _
1 of the special powers conferred upon him by this ordinance or by
2 resolution or emergency plan pursuant hereto adopted by the
3 Common Council, all powers conferred upon him by any statute, by
4 any agreement approved by the Common Council, and by any other
5 lawful authoritya
g B. The Director shall; under the supervision of the Mayor
7 and with the assistance of emergency service chiefs, develop
g emergency plans and manage the emergency programs of this City;
g and shall have such other powers and duties as may be assigned
10~ by the Mayor,
11 SECTION 7. EMERGINCY ORGANIZATION. All officers and em-
12 ployees of this City, together with those volunteer forces en-
13 rolled to aid them during an emergency; and all groups, organi-
14 zations, and persons who may by agreement or operation of law,
15 including persons impressed into service under the provisions of
16 Section 6 A (6) (c) of this ordinance, be charged with duties
17 incident to the protection of life and property in this City dur-
18 ing such emergency, shall constitute the emergency organization
19 of the City of San Bernardino.
20 SECTION 8. STRUCTURE, DUTIES AND FUNCTIONS OF THE EMERGINCY
21 ORGANIZATIONo The structure, duties and functions of the City
22 of San Bernardino Emergency Organization and the order of emer-
23 gency succession to the position of Mayor and Chairman of the
24 San Bernardino Disaster Council shall be adopted by resolution
25 of the COmLnOri Council.
26 SECTION 9. EXPENDITURES. Any expenditures made in conned
27 tion with emergency activities, including mutual aid activities;
28 shall be deemed conclusively to be for the direct protection and
29 benefit of the inhabitants and property of the City of San Ber-
30 nardino.
31 SECTION 10. PUNISHMENT OF VIOLATIONS. It shall be a mis-
32 demeanor; punishable by a fine of not to exceed five hundred
-4-
~I
1 dollars ($500.00); or by imprisonment for not to exceed six (6)
2 months, or both, for any person, during an emergency, to:
3 A. Willfully obstruct, hinder, or delay any member of the
4 emergency organization in the enforcement of any lawful rule or
5 regulation issued pursuant to this ordinance, or in the perfor-
g mance of any duty imposed upon him by virtue of this ordinance.
7 B. Do any act forbidden by any lawful rule or regulation
8 issued pursuant to this ordinance, if such act is of such a
9 nature as to give or be likely to give assistance to the enemy or
10 to imperil the lives or property of inhabitants of this City, or
11 to prevent, hinder, or delay the defense or protection thereof.
12 C. Wear, carry, or display, without authority, any means of
13 identification specified by the emergency agency of the State.
14 SECTION 11. REPEAL OF CONFLICTING ORDINANCES. Ordinances
15 Nos. 1664, 1820, 1904 and 1931 are hereby repealed; provided that
16 it is the intent of the Common Council in enacting this ordinance
17 that it shall be considered a revision and continuation of the
18 ordinance repealed by this ordinance, and the status of volunteers
r
19 shall not be affected by such repeal; nor shall plans and agree-
20 ments; rules and regulations or resolutions adopted pursuant to
21 such repealed ordinance be affected by such repeal until amended,
22 modified; or superseded as provided in this ordinance.
23 SECTION 12. EFFECTIVE DATE. This ordinance shall become
24 effective thirty (30) days from and after its passage.
I
25 SECTION 13. SEVERABILITY. If any provision of this ordi-
26 trance or the application thereof to any person or circumstance is
27 held invalid, such invalidity shall not affect other provisions
28 or applications; and to this end the provisions of this ordinance
29 are declared to be severable.
30 I HEREBY CERTIFY that the foregoing ordinance was duly
31 adopted by the Mayor and Common Council of the City of San Ber-
32 nardino at meeting thereof; held on the c~
-5-
11 day of ~ivcR-- 1971, by the following vote, to wit:
2 AYES o Councilmen ~ S o,/+ ~.rn~ti,~
,/C/.,!//,'/ y?/ /
4 NOES :
5 ABSENT: ~ ~ /i/~i1 r r /.a
~ ,
6 _ A V
r `'C~t r
g The foregoing ordinance iser~~~approved this dy~y
9 of , 19710
s
7
10 ~ ~
/
11 ~
/ y o t e C' y o an ar ino
12
13
Approved as to form:
14 ~
15 ~
ity t orney
16 (p)
17
1S
19
20
21
22
23
24
25
26
27
28
29
30
31
JliL 2~~ i97i
32
LUCIL1gE GOFORTH, City Clerk
~~~'\'f'..~.~A,~/f,,:+Q~Lft4rL._ Brun