HomeMy WebLinkAboutOrd 0503ORDINANCE NO. 503
AN ORDINANCE RELATING TO CIVIL DEFENSE
AND DISASTER; AND REPEALING ORDINANCE
NO. 440 AND PROVIDING THAT THIS ORDIN-
ANCE IS AN EMERGENCY ORDER AND SHALL
BECOME EFFECTIVE I14IMEDIATELY
The City Council of the City of Burlingame does ordain as
follows:
Section 1. PURPOSE. The declared purposes of this
ordinance are to provide for the preparation and carrying out of
plans for the civil defense of persons and property within this
city in the event of a disaster, and to provide for the co-
ordination 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 andbenefitof the inhabitants
and property of the City of Burlingame.
Section 2. DEFINITIONS. A. Civil Defense. As used in this
ordinance, the term "civil defense" shall mean the preparation
for and the 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, extra-
ordinanry fire, flood, storm, epidemic, riot, earthquake or other
similar public calamity.
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Section 3. CIVIL DEFENSE AND DISASTER COUNCIL. MEMBERSHIP.
The Burlingame 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
dice -chairman.
C. The Assistant Director, appointed by the I4fayor, 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 operating civil
defense and disaster departments, services or divisions as are
provided for by resolution pursuant to this ordinance.
E. Such representatives of civic, business, labor, veterans,
professional 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.
Section 4. CIVIL DEFENSE AND DISASTER COUNCIL. POWERS
AND DUTIES. It shall be the duty of the Burlingame Civil Defense
and Disaster Council, and it is hereby empowered, 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 sue# 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.
Section 5. DIRECTOR OF CIVIL DEPL SE AND DI,% STER. POWERS
AND DUTIES. There is hereby created the office of Director of
Civil Defense and Disaster. Such officer shall be appointed by
the mayor with the advice and consent of the city council.
The Director is hereby empowered:
A. To request the City Council to proclaim the existence or
threatened existence of a disaster and the termination thereof,
if the City C8uncil 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 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 4nd 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.
Section 6. In the event of the proclamation of a disaster
as herein provided, or the proclamation of a state of extreme
emergency by the Governor or the State Director of Civil Defnese,
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 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
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 shall be entitled to all privileges, benefits and
immunities as are provided by state law for registered civil
defense and disaster worker volunteers;
D. To requisition necessary personnel or material of any
city department or agency;
E. To execute all of his ordinary powers,,Mayor, all of the
special powers conferred upon him by this ordinance or by resolu-
tion adopted pursuant thereto, all powers conferred upon him by
any statute, agreement approved by the city counil, or by any
Mother 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.
Section 7. CIVIL DEFENSE AND DISASTER ORGANIZATION. 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
laws, including persons commandeered under the provisions of
Sec.. G (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 organiza-
tion of the City of Burlingame.
Section B. DIVISIONS, SERVICES AND STAFF OF THE CIVIL
DEFENSE AND DISASTER ORGANIZATION. The functions and duties of
the Burlingame Civil defense and disaster organization shall be
iistributed 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
>rdinance, adopt a resolution setting forth the form of organiza-
tion, 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 Federal government and the Civil Defense
agency of the State of California.
Section 9. PUNISM ENT OF VIOL!,TIONS. It shall be a mis-
demeanor, punishab].ki by a fine of not to exceed $500.00, or by
imprisonment for not to exceed six months, or both, for any
person during a disaster:
A. e4ilfully 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 regula-
tions 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.
Section 10. REPEAL OF CONFLICTING ORDINANCES. Ordinance
No. 400, adopted February 2, 1947, is hereby repealed, provided,
that it is the intent of the city council in enacting this
ordinance that it shall be considered a revisior/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.
Section 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 urE,ency;
The National Security Resources Board of the Federal govern-
ment has recently published its plan for the civil defense of
the country. The State of California, acting in accordance with
the Federal plan, has enacted and made immediately effective the
"Civil Defense Act of 1950". Both the Congress and the Legisla-
ture have adopted comprehensive civil defense and disaster laws.
Both Federal and State plans contemplate immediate 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 con-
formity with the Federal and State plans at the earliest possible
date, it is necessary that this ordinance take effect
immediately.
Section 12. SEVERABILITY. If any provision of this
ordinance or the application thereof to any person or circum-
stances is held invalid, such invalidity shall not affect other
provisions nr applications of the ordinance which can be 6,iven
effect without the invalid provision or application, and to this
end the provisions of this ordinance are declared to be
severable.
p � eyeve _
Dan R. Love r.
;,.ayor
I. Herbert H. 'White, City Clerk, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting
of the City Council held on the 15th day of January 1951,
and adopted at a regular meeting held on the 5th day of
February, 1951, by the following vote:
AYES: COUNCIL?4EN: Atwater -Byrd -Hunt -Love -Simonds
NOES: COUNCILirEN: None
ABSENT COUNCILMEN: None
Herbert White
City Clerk