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HomeMy WebLinkAbout0546ORDINANCE N04 546 0972 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING AP.TICLE .II, CHAPTER 4, PART 3 . OF THE. SAN LUIS .OBISPO MUNICIPAL CODE, ENTITLED CIVIL DEFENSE.AND.DISASTEP:., AND PROVIDING.A. PLAN FOR THE PROTECTION OF PERSONS AND PROPERTY IN THE EVENT OF AN EMERGENCY. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. Section 2430 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430. Purposes . The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. " Section 2. Section 2430.1 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.1. Definitions. As used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of artier political subdivisions to combat. " Section 3. Section 2430.1A of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430. IA. Disaster Council Membership. The San Luis Obispo Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be the director of emergency services and chairman of the Disaster Council. B. The assistant director of emergency services who shall be vice chairman. C. The deputy director of emergency services. D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this ordinance. E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council. S11G a Ordinance No. 546 (1972 Series) Page 2 Section 4. Section 2430.2 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.2. Disaster Council. Powers and Duties. It shall be the duty of the San Luis Obispo Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon ca11 of the chairman or, in his absence from the City or inability to call such meeting, upon call of the vice chairman. " Section 5. Section 2430.3 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.3. Director, Assistant Director, and Deputy Director of Emergency Services. A. There is hereby created the office of director of emergency services. The Mayor shall be the director of emergency services. B. There is hereby created the office of assistant director of emergency services. The administrative officer shall be the assistant director. C. There is hereby created the office of deputy director of emergency services, who shall be appointed by the director. " Section 6. Section 2430.4 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.4. Powers and Duties of the Director, Assistant Director and Deputy Director of Emergency Services. A. The director is hereby empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a 'local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this ordinance. Ordinance No. 546 (1972 Series) Page 3 �� • (4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a 'local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency, " the director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to 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 and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency, " to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state lava for registered disaster service workers; (d) To requisition necessary personnel or material of any City department or agency; and (e) To execute all of his ordinary power as Mayor, all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council, and all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council: Ordinance No: 546 (1972 Series) Page 4 C. The assistant director shall assist the director of emergency services in all respects parCiculaxly in coordinating the activities of City staff members and volunteer members of the emergency organization. D. The deputy director shall, under the Supervision of the director and assistant director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director and assistant director. " Section 7. Section 2430.5. of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.5. 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, including persons impressed into service under the provisions of Section 2430.4 A (6) (c) of this code, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the City of San Luis Obispo.." Section 8. Section 2430.6 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.6. Emergency Plan. The San Luis Obispo Disaster Council shall be responsible for the development of the City of San Luis Obispo Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any conditon constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. " Se+ct�9. Section 2430.6 (a) of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows: "SECTION 2430.6 (a). Expenditures. Any expenditures made in connection with emergency activities; 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 San Luis Obispo. " Section 10. Section 2430.7 of the San Luis Obispo Municipal Code is rewritten in its entirety and amended to read as follows:. "SECTION 2430.7. Punishment of Violations. It shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars ($500), or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency, to: Ordinance No. 546 (1972 Series) Page 5 . A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 20th day of March , 1972, on motion of Councilman Brown seconded by Councilman Graham , and on the following roll call vote.: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None ATTEST: 0 546 PI dALLY PASSED this 17th day of April ,' 19 72 , by the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None ATTEST: TY CL • � ':