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HomeMy WebLinkAboutOrd 0930ORDINANCE NO. 930 REPEALING CHAPTER 3.36 (CIVIL DEFENSE AND DISASTER) OF THE MUNICIPAL CODE AND ADDING A NEW CHAPTER 3.36 (EMERGENCY SERVICES) The City Council of the City of Burlingame does ordain as follows: Section l: The Municipal Code of the City of Burlingame is hereby amended by repealing Chapter 3.36 (Civil Defense and Disaster) and by adding a new Chapter 3.36 to Title 3 which shall read as follows: "CHAPTER 3.36 EMERGENCY SERVICES §3.36.010. Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans £or 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. §3,36,020. Definitions. As used in this chapter, "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, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipmen and facilities of this city, requiring the combined forces of other political subdivisions to combat. X3.36..030. Disaster Council Membership. The City of Burlingame Disaster Council is hereby created and shall consist of the following: A. The Mayor, who shall be chairman. B. The CitX Manager who shall be Vice -Chairman and Director of Emergency Services. C. The Assistant Director of Emergency Services, who under the supervision of the director, shall develop emergency service plans, and organize the emergency service and disaster .program of this City and shall have such other duties as may be assigned by the director. D. Such chiefs of emergency services as are provided for in current emergency plan of this City, adopted pursuant to this Chapter. 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. X3,36.040. Disaster Council Powers and Duties. It shall be e duty of the Burlingame Disaster Council and it is hereby powered, to develop and recommend for adoption by the City Counc ergency and mutual aid plans and agreements and such ordinances d resolutions and rules and regulations as are necessary to plement such plans and agreements. The Disaster Council shall et upon the call of the Chairman or, in his absence from the ty or inability to call such meeting, -upon call of the Vice - airman, §3.36.050. Director and Assistant Director of Emergency Services. A„ There is hereby created the Office of Director of Emergency Services. The City Manager shall be the director of emergency services. B, There is hereby created the office of assistant director of emergency services, who shall be appointed by the director, _Z_ §3.36.060. Powers and Duties of the Director and Assistant Director of the Emergency Services. A. The Director is hereby empowered to: (1) Request the City Council to proclaim the existence emergency" or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if 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 (7) days thereafter or the proclamation shall have no furthe force or effect. (2) Request the Governor to proclaim a "State of Emergency" when in the opinion of the Director, the local 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 Chapter. (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 emer- gencies as defined herein. (6) In the event of the proclamation of a "local 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 -3- life and propextX as affected by such emergency; provided, howevez, 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 law £or 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 City Manager conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, 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 -4� the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succes- sion shall be approved by the City Council. Ce The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, devel emergency plans and manage the emergency pro- grams of this city; and shall have such other powers and duties as may be assigned by the director. §3.36.070.. Emergency Organization. All officers and employee of this city, together with those volunteer forces enrolled to aid them during an emergency and all groups, organizations, an persons who may by agreement or operation of law, including persons impressed into service under the provisions of §3.36.060.A.(6) (c) of this Chapter be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organi- zation of the City of Burlingame. §3.36.080 Emergency Plan, The Burlingame Disaster Council shall be responsible for the development of the Burlingame Emergency Plan, which plan shall provide for the effective mobilization of all the resources of this city, both public and private, to meet any condition constituting a local 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. §3.36.090 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 Burlingame. -5- §3.36.095 Punishment of Violations Tt shall be a misde- meanor, punishable by a fine of not to exceed five hundred dollars ($500) or by imprisonment for, not to exceed six months, or both, for any person, during an emergency, to: 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 Chapter, or in the performance of any duty imposed upon him by virtue of this Chapter. B, Do any act forbidden by any lawful rule or regulatic issued to this ordinance, if such act is of such a natur as to give or be likely to give assistance to the enemy or to imperil the lives or property or inhabitants of this city or to prevent, hinder, or delay the defense or protection thereof. Ca Wear, carry, or display, without authority, any means of identification specified by the emergency of the States §3.36.099 Repeal of Conflicting .Ordinances. Ordinance Noo 792, adopted February 3, 1964, is hereby repealed, provided that it is the intent of the City Council in enacting this Chapter that it shall be considered a revision and continuation of the ordinance repealed by this ordinance and the status of volun- teers shall not be affected by such repeal; nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified or superceded as provided in this Chapter." Section 2: Effective Date. This ordinance is hereby declared to be an emergency measure necessary for the imm ediate presery of the public its urgency: peace, health and safety, and shall take effect immediately. The following is a statement of the facts showing �6- Both the Congress of the United States and the California State Legislature have adopted com- prehensive Emergency Service disaster laws. Both Federal and State plans contemplate adop- tion of such local legislation as is necessary to put into operation a coordinated and effec- tive Emergency Services programs so that each citizen and each community will be ready in the event of a disaster to afford as complete pro- tection as is possible to life and property. In order that the laws of this city relating to Emergency Services may be brought into conformity with the Federal and State plans at the earliest possible date it is necessary that this ordinance take effect immediately. Section 3, Severability. If any provision of this ordinance the application thereof to any person or circumstance is held , such invalidity shall not affect other provisions or tions, and to this end the provisions of this ordinance are to be severable. Section 4m This ordinance shall be published as required by I, HERBERT K, WHITE, City Clerk of the City of Burlingame, hereby certify that the foregoing Ordinance was introduced at a meeting of the City Council held on the 1st day of , 1971, and adopted thereafter at a regulate meetiz the City Council held on the 15tYx day of 71, by the following votese Amstrup, Crosby, d®3tns®n, :eiangini , AYES Councilmen: �:artin4 NOES Councilmen: None. ABSENT Councilmen: None, tir MAYOIj _7_ �4