HomeMy WebLinkAboutOrd 0440ORDINANCE NO. 440
AN ORDINANCE ESTABLISHING A DISASTER COUNCIL
PURSUANT TO THE PROVISIONS OF THE COi'?STITUTION
OF TIM STATE OF CALI~,ORNIA, ARTICLE 11, SECTION
11, AND MILITARY AND VETERANS CODE, SECTION
1571, AS AENDED BY STATUTES OF 1945, CHAPTER,
1024.
The City Council of the City of Burlingame does or-
dain as follows:
I11EREAS3 the State of California has created a State
Disaster Council to prepare a State Disaster Plan and to
recommend mutual aid regions; and
WHEREAS, municipalities have legal authority to create
disaster councils for the purpose of formulating local disaster
plans, including mutual aid agreements; and prepare therefor,
IT IS h7REBY ORDAINED:
Section 1. DISASTER. As used in this Ordinance, the term
"disaster" shall include, but is not limited to, any extra-
ordinary fire, flood, riot, storm, epidemic or earthquake or
any enemy attack or sabotage, which causes or threatens to cause
loss of life and property and in which occurences the responsi-
bility devolves upon the constituted authorities for the
maintenance of public peace and order and the preservation of
life and property. It shall not include any conditions resulting
from a labor controversy.
Section 2. DISASTER COUNCIL. LIEMBERSHIP. The Burlingame
Disaster Council is hereby created and shall consist of the
following:
A. The Mayor, who shall be chairman, and also the
commander.
B. The Vice -Commander shall be appointed by the Pi!ayor
with the advise and the consent of the City Council, who, in the
absence of, or at the direction of the Commander, shall act on
his behalf on matters within the purviews of this Ordinance.
C. The Chiefs of Divisions as hereinafter provided.
D. Such other representatives of civic, business, labor,
veterans, professional or other organizations as may be appointed
by the Mayor, with the advice and consent of the City Council.
Section 3. DISASTER COUNCIL. POWERS AND DUTIES.
It shall be the duty of the Burlingame Disaster Council and it
is hereby empowered;
A. To develop a plan for meeting any disaster. Such
plan shall provide for the effective mobilization of all the
resources of the community, both public and private.
B. To prepare and recommend for consideration by the
City Council Ordinances necessary to implement the disaster plan.
C. To consider and recommend to the City Council for
approval, mutual aid plans and agreements.
D. The Disaster Council shall hieet upon call of the
chairman.
Section 4. COAT.IANDER. POWERS AND DUTIES. There is
hereby created the Office of the Commander. Such officer shall
be appointed by the Mayor with the advice and consent of the
City Council. The Commander is hereby empowered:
A. To proclaim the existence or threatened existence
of a disaster and the termination thereof.
B. To request the Governor to proclaim a state of extreme
emergency in the area in and around the City of Burlingame when
in the opinion of the Commander the resources of the community
are inadequate to cope with the disaster.
C. To govern and direct the effort of the Burlingame
Disaster corps in the accomplishment of the purposes of this
Ordinance.
D. To direct coordination and cooperation by the chief's
of divisions and resolve questions of authority and responsi-
bilities that may arise between them.
E. To represent the Disaster Corps in all dealings with
public or private agencies pertaining to disaster preparedness.
It is also the duty of the Commander, and he is hereby
empowered during a disaster or when a disaster is imminent;
A. To make and issue rules and regulations on matters
reasonably related to the protection of life and property as
affected by such disaster.
B. To obtain vital supplies, equipment and such other
properties found lacking and needed for the protection of life
and property of the people and bind the City xfor 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.
D. To requisition necessary personnel or material of any
city department or a7ency.
E. To execute all of his ordinary powers as T,ayor, all of
the special powers conferred on him by this ordinance and all
powers conferred on him by any other lawful authority.
Section 5. EXECUTIVE OF�TCER. There is hereby created the
position of "Executive Officer" of the Disaster Corps. The
Executive Officer shall be appointed by the Mayor with the advice
and consent of the City Council. The Executive Officer shall be
the executive secretary of the Disaster Council and shall be Chief
of the Division of personnel and recruitment.
Section 6. DISASTER CORPS. GE;?ERAL. Officers and employees
of the City of Burlingame, together with those volunteer forces
enrolled to aid them during a disaster, and all groups, organiza—
tions and persons who may be agreement or operation of law be
charged with duties incident to the protection of life and
property in the City of Burlingame during such disaster, shall
constitute the Burlingame Disaster Corps.
Section 7. DIVISIONS OF DISASTER, CORPS. The functions and
duties of the Burlingame Disaster Corps shall be distributed
among the following divisions of such corps, each division to be
Under the direction of a chief and, in his absence, the first
deputy and second deputy chief respectively, appointed by the
Chief, and said division to consist of the following forces,
organizations and services, and such other forces, organizations
or services as may be included pursuant to the provisions of this
Ordinance. The Chiefs of Divisions shall organize and train
volunteers assigned to such divisions by the personnel and re—
cruitment division and shall formulate the division plan which,
vfhen approved, by the Disaster Council, shall become an annex to
the Disaster plan, The Chiefs of Divisions shall include in the
division plans recommended 'mutual aid agreements. The Chiefs of
Divisions shall be custodians of special equipment and other
property which may be obtained from any source and assigned to
such division by the Commander.
A. LA1'V AND ORDER DIVISION. This division shall be under
and subject to the control of the chief of police, who shall be
chief of the Law and Order Division. The division shall consist
of police personnel and auxiliary police (volunteers).
B. FIRE DIVISION. This division shall be under and subjec
to the control of the chief of the fire department, who shall be
Chief of the .Fire Division. The division shall consist of fire
department department personnel and auxiliary fire fighters (Vol-
unteers).
C. IaEDICAL DIVISION. This division shall be under and s
ject to the control of the city health officer, who shall be Chi
of the Pdedical Division. The division shall consist of health
department personnel and medical service volunteers.
D. PUBLIC WORKS DIVISION. This division shall be under
and subject to the control of the director of public works who
shall be Chief of the Public Works Division. The division shall
consist of the department of public works personnel and auxiliary
personnel.
E. UTILITIES DIVISION. This division shall be under and
subject to the control of the utilities department, and the head
of such department shall be Chief of the division. The division
shall consist of utilities department personnel and auxiliary
personnel,
F. TRA1NTSPORTATION DIVISION. The Chief of this division
shall be a citizen, experienced and engaged in such industry,
appointed by the mayor with the advice and consent of the City
Council. The division shall consist of auxiliary personnel.
G. COlvIlTiNICATIONS DIVISION. The chief of this Division
shall be a citizen, experienced and engaged in such industry,
appointed by the mayor with the advice and consent of the City
Council. The division shall consist of auxiliary personnel and
city personnel engaged in communications work.
H. PERSONNEL AND ,ECRIIITENT DIVISION. This Division
shall be under and subject to the control of the Executive Office4
It shall be the duty of this division to recruit all volunteer
personnel, to enroll and register such personnel, to keep adequate
records thereof, and to assign such personnel to other divisions
of the Disaster Corps. The executive Officer may establish and
operate a volunteer office.
I. AIVERICAN RED CROSS. The American Red Cross in the
City of Burlingame will furnish food, clothing, shelter, registra
tion and information service, supplementary medical service when
requested, and rehabilitation to individuals and families affects
by a disaster. The American Red Cross will provide funds with
which to finance all its relief operations. The Chief of this
Division will be the chairman of the City of Burlingame Chapter
of the American Red Cross, or a delegated representative thereof.
Section S. VOLUNTEERS. All persons, other than officers
and employees of the city, volunteering services pursuant to the
ions of this ordinance, shall serve without compensation
from the city. While engaged in such services, they shall have
lthe same irmaunities as officers and employees of the city perform -
ling similar duties.
Section 9, PMMA 2i.T OF VIOLATIOIS. It shall be a mis-
ldemeanor, punishable by a fine of not to exceed ,'500.00, or by
imprisonment for not to exceed six months, or both, for any
1person during a disaster:
A. Wilfully to obstruct, hinder or delay any member of the
Disaster Corps 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 rule or regulatio
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 other 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 Disaster Council.
Section 10. EFFECTIVE DATE, This Ordinance is hereby de -
Glared to be an emergency measure necessary for the immediate
preservation of the public peace, health and safety, and shall
tape effect immediately. The following is a statement of the
facts showing its urgency:
A complete and adequate disaster plan must be formulated at
once by the Disaster Council. The plan will be based upon plans
formulated by the chiefs of divisions and upon mutual aid agree-
ments. To protect the lives and property of the citizens of the
City of Burlingame, responsibility for the formulation of such
plans and agreement should be fixed immediately.
O
. L. Herbert Harris
Mayor
I. Herbert K. White, City Clerk of the City of Burlingame do
hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Burlingame City Council held on January 20,
1947, and adopted at a regular meeting of the City Council held
on February 3, 1947.
gvA
.4F�. ,%mow , .��%
PERT K. -=TE
City Clerk
AYES: COUNCIUvTEIQ: Dail -Harris -Hunt -Simonds !Nhitsell
NOES: COUI\TCII!aN: None
ABSENT: COUNCI U EN: None