HomeMy WebLinkAboutOrd 0792OFFICE OF CIVIL DET," NSE
iS"n POLLINd"S ROAD
BURLINGAM4 CALIFORNIA
ORDINANCE NO. 792
CITY ORDINANCE RELATING TO
CIVIL DEFENSE A!\M DISASTERS
The City Council of the City of Burlingame does ordain as follows:
SECTION 1. PURPOSE. The declared purpose 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 a disaster, and
to provide for the coordination of the civil defense and disaster functions
of this city with all other public agencies and affected private persons,
corporations and organizations. Any expenditures made in connection with
such civil defense and disaster 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.
SEC. 2. DEFINITIONS. A. Civil Defensep As used in this ordinance,
the term "civil defense"'shall mean preparation for and carrying out of
all emergency functions, other than functions for which military forces
are primarily responsible, to prevent, minimize, and repair injury and
damage resulting from disasters. It shall not include, nor does any
provision of this ordinance apply to any condition relating to a labor
controversy.
B. Disaster. As used in this ordinance, the term "disaster" shall
mean actual or threatened enemy attack, sabotage, extrordinary fire, flood,
storm, epidemic, riot, earthquake or other similar public calamity.
SEC. 3. CIVIL DEFENSE AND DISASTER COUNCIL PMBERSF,IP.
The City of Burlingame's Civil Defense and Disaster Council is hereby
created and shall consist of the following:
A. The Mayor, who shall be chairman.
B. The director of civil defense and disaster, who shall be vice-
chairman.
C. The assistant director, appointed by the mayor with the advice and
consent of the city council who, under the supervision of the
director, shall develop civil defense and disaster plans and organize
the civil defense and disaster program of this city, and shall
have such other duties as may be assigned by the director.
D. Such deputy directors and chiefs of civil defense and disaster
departments, services or divisions as are provided for by resol-
ution pursuant to this ordinance.
E. Such representatives of civic, business, labor, veterans, prof-
essional or other organizations 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.
SEC. 4. CIVIL DEFENSE AND DISASTER COUJCIL. POPPERS AND DUTIES.
It shall be the duty of the Burlingame civil defense and disaster council,
and it is hereby empoweree, to review and recommend for adoption by the city
council, civil defense and disaster 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 civil defense and disaster
council shall meet upon call of the chairman or in his absence from the
city or inability to call such meeting, upon the call of the vice-chairman.
SEC. S. DIRECTOR OF CIVIL DEFENSE AND DISASTER. POMRS AND DITTIES.
There is hereby created the office of director of civil defense and disaster.
Such officer shall be appointed by the mayor vd th the advice and consent
of the city council.
The director is hereby empowered:
A. To request the city council to proclaim the existence or threat-
ened existence of a disaster or an emergency and 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 practicable time;
B. To request the Governor to proclaim a state of disaster or 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 disaster
organization of this city for the accomplishment of the purposes
of this ordinance;
D. To direct coordination and cooperation between divisions, services
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 defense and disaster organization of this
city in all dealings with public or private agencies pertaining
to civil defense and disaster.
SEC. 6. In the event of the proclamation of a disaster or emergency as
herein provided, or the proclamation of a state of disaster or a state of
extreme emergency by the Governor or the Director of the California Disaster
Office, the Director is hereby empowerede
A. To make and issue rules and regulations on matters reasonably
related to the protection of life and property as affected by
such disaster; 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 the life and
property of the people and 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 disaster or a state
of extreme emergency by the Governor in the region in which this
city is located, to command the aid of as many citizens of this
community as he thinks necessary in the execution of his duties;
Such persons shell be entitled to all privileges, benefits and
immunities as are provided by state law for registered civil
defense and disaster service volunteers;
D. To requisition necessary personnel or material of any city depart-
ment or agency;
E. To execute all of his ordinary power as Mayor, all of the special
powers conferred upon him by this ordinance or by resolution
adopted pursuant thereto, all powers conferred upon 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.
SEC. 7. CIVIL DEFENSE AND DISASTER ORGANI7.ATIO'_. All officers and
employees of this city, together with those volunteer forces enrolled to
aid them during a disaster, and all groups, organizations and persons who
may by agreement or operation of law, including persons pressed into service
under the provisions of Section 6 -'C of this ordinance, be charged with
duties incident to the protection of life and property in this city during
such disaster, shall constitute the civil defense and disaster organization
of the city of Burlingame.
SEC. 8. DIVISIONS, SERVICES, AND STAFF OF TIE CIVIL DEFENSE AND
(DISASTER ORGANIZATIODi. The functions and duties of the civil defense and
disaster organization shell be distributed among such divisions, services
and special staff as the city council shall prescribe by resolution.
The city council shall, concurrently with the adoption of this ordinance,
adopt a resolution setting forth the form of organization, establishment and
designation of divisions and services, the assignment of functions, duties
and powers, the designation of officers and employees. Insofar as possible,
the form of organization, titles and terminology shall conform to the
recommendations of the civil defense and disaster agencies of the Federal
Government and the State of California.
Sec. 9. PUMS122"TT OF 17I01-iTIOIIS. It sha11 be a misdemeanor,
punishable by a fine of not to exceed `x-500.00, or by imprisonment for not
to exceed six months, or both, for any person during a disaster:
A. Wilfully to obstruct, hinder or delay any member of the civil
defense and disaster 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. To do any act forbidden by any lawful rules or regulations 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. To wear, carry or display, without authority, any means of
identification specified by the civil defense and disaster agency
of the State.
SEC. 10. REP%AL OF CONFLICTING ORDINANCES. Ordinance No. 503 adopted
February 8, 1951, is hereby repealed, provided that it is the intent of the
city council in enacting this ordinance that it shall be considered a
revision and continuation of the ordinance repealed by this ordinance, and
the status of volunteers 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 superseded as provided
in this ordinance.
SEC. 11. EFFECTIVE DATE. This ordinance is hereby declared to be
an emergency measure necessary for the immediate preservation of the public
peace, health and safety, and shall take effect immediately. The following
is a statement of the facts showing its urgency:
Both the Congress of the United States and the California State
Legislature have adopted comprehensive civil defense and disaster laws.
Both Federal and State plans contemplate adoption of such local legislation
as is necessary to put into operation a coordinated and effective civil
defense and disaster program so that each citizen and each community will
be ready in the event of a disaster to afford as complete protection as is
possible to life and property. In order that the laws of this city relating
to civil defense and disaster 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.
SEC. 12. SEVERABILITY. If any provision of this ordinance or the
application thereof to any person or circumstances if held invalid, such
invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are declared to be
severable.
CHARLOTTE JOHNS YOR
I, Herbert K. White, City Clerk, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the
City Council held on the 20th day of January, 1964, and adopted
at a regular meeting held on the 3rd day of February, 1964, by
the following vote:
Ayes: Councilmen: Crosby—Diederichsen—George—Johnson—Martin.
Noes: Councilmen: None
Absent Councilmen: None
HERBERT K. WHITE, CITY CLERK