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,
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§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
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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
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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.
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§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
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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
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