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HomeMy WebLinkAboutOrdinance 135 ORDINANCE NUMBER 135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING ;CHAPTER 4 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE..RELATIhTG TO EMERGENCY ORGANIZATIONS AND FUNCTIONS WHEREAS , Section 861.0 et seq. , of the Government Code provides that cities may create an office of Emergency Services by ordinance which office shall develop plans for meeting any condition constituting a local emergency; and WHEREAS , the governing body of any city may in such ordinance provide for the organization, powers and duties , divi- sions , services and staff of an emergency organization; and WHEREAS , the governing body of a city may by ordinance authorize public officers , employees and registered volunteers to command the aid of citizens when necessary in the execution of their duties during states of emergencies ; and WHEREAS , cities may enact ordinances establishing rules and regulations for dealing with local emergencies and may act to carry out mutual_ aid on a voluntary basis , and to this end may enter into agreements ; and WHEREAS , a duly enacted ordinance pursuant to Section 5610 of the Government Code when certified by the City Council may provide and allow for participation by the city in state and fed- erally sponsored programs for emergency response systems ; NOW, THEREFORE , the City Council of the City of Atascadero does ordain as follows : SECTION 1 . An ordinance of the City of Atascadero establishing the office of Emergency Services and related organizations and functions , by adding Chapter 4 to Title 4 of the Atascadero Municipal Code to read as follows CHAPTER 4 EMERGENCY ORGANIZATIONS AND FUNCTIONS SECTIONS 4-4 . 01 Title 4-4 . 02 Purpose. 4-4 . 03 Definition 4-4. 04 Disaster Council Membership 4-4. 05 Disaster Council Powers and Duties 4-4. 06 Director and Assistant Director of Emergency Services 4-4 .07 Powers and. Dutiesofthe Director and. Assistant Director of Emergency Services 4-4 . 08 Emergency Organization 4-4. 09 Emergency Plan 4-4 .10 Expenditures 4-4 . 11 Punishment and Violations 4-4 . 12 Effective Date 4-4 .13 Severability i i SECTION 4-4 . 01 : TITLE This Chapter shall be known and may be cited as the "Emergency Organization Ordinance of Atascadero". SECTION 4-4 . 02: PURPOSE The declared purpose of this ordinance is to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the di- rection 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 . SECTION 4-4 . 03 : DEFINITION As used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within. the City of Atascadero caused by such conditions as air pollution, fire, flood., storm, epidemic , riot, or earthquake, or other conditions , including conditions result- ing from war or imminent threat of war, but other than conditions resulting from a labor ocntroversy, which conditions are or are likely to be beyond the control of the services , personnel , equipment , and facilities of this City, requiring the combined forces of other polit- ical subdivisions to combat. SECTION 4-4 . 04: DISASTER COUNCIL MEMBERSHIP The City of Atascadero 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. Deputy Director of' Civil Defense and Disaster Services who shall be Coordinator of the Emergency Services Program. D. Such Chiefs of 'Emergency Services as are provided for in a current Emergency Plan of this. City, adopted pursuant to this ordinance. 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. SECTION 4-4. 05 : DISASTER COUNCIL POWERS AND DUTIES It shall be the duty of the City of Atascadero Disaster. Council, and it is hereby empowered, to develop and recommend for adoption by the. City Council , emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are nec- essary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman, or in his absence from the City or inability to call such a meeting, upon call of the Vice Chairman. SECTION 4-4 . 06 : 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. SECTION 4-4 . 07 : POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. The Director is hereby empowered -to: (1) . Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council. is in session, or to issue such proclamation if the City Council is not is session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shah_ have no further force or effect. (2) . Request the Govenor of the State of California to proclaim. a "state of emergency" when, in the opinion of the Director , the locally 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 ordinance. (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 emergencies as defined herein. (6) . In the event of the proclamation of a "local emergency" as herein provided, the proclamation 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 life and property as affected by such emergency; provided, however, such rules and regulations must be con- firmed 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 pro- tection of life and property and to bind the City for the fair value thereof and, if required imme- diately 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 immu- nities as are provided by state law for 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 Mayor, all of the special powers conferred upon him by this ordinance 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 shale. designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. C. The Assistant Director shall , under the supervision of the Director and with the assistance of Emergency Service Chiefs , develop emergency plans and manage the emergency programs of this City; and shall have such other powers and duties as may be assigned by the Director. SECTION 4-4 .08: EMERGENCY ORGANIZATION All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups , organizations , and persons who may be agreement or operation of law, including persons impressed into service under the provisions of Section 6 .A. (6) (c) of this ordinance, be charged with duties incident l 0 i to the protection of life and property in this City during the emergency, shall constitute the emergency organization of the City of Atascadero. SECTION 4-4 . 09 : EMERGENCY PLAN The City of Atascadero Disaster Council shall be responsible for the development of the City of Atascadero Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and _ shall provide for the organization, powers and duties , services , and staff of the emergency organization. Sucb. plan shall take effect upon adoption by resolution of the City Council. SECTION 4-4 . 10 : 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 Atascadero. SECTION 4-4 . 11 : PUNISHPIENT AND VIOLATIONS It shall be a misdemeanor, punishable by a fine not to exceed one 'thousand dollars (10.00.00) , or by imprisonment 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 ordinance , or in the performance of any duty imposed upon him by virtue of this ordinance. B. Do act forbidden by any lawful rule or regulation issued pur- suant 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 there- of. here-of. ob 14, e ' C . Wear, carry, or display, without authority, any means of ' identification specified by the emergency agency of the State. SECTION 4-4 . 12: EFFECTIVE DATE This ordinance shall become effective thirty (30) days from and after its passage. SECTION 4-4 . 13 : SEVERABILITY If any provision of this ordinance or the application thereof to an person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 2 The. City Clerk shall cause this ordinance to be published in the Atascadero News , a newspaper in general circulation, published and circulated in this City. Once within fifteen days after its passage, in accordance with the Government Code Section 36933 ; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of the City. The City Clerk is further instructed to send. a certified copy hereof to the California Emergency Council. On motion by Council Member 'SOL by Council Member -r--— INA and seconded HAr,DSITY t e oregoing ordinance is hereby adopted in its entlrety once `f-ollowing roll call vote: AYES: COUNCIL*. MBERS BORGESON, HANDSITY, MOLINP AND ',1AYOR 11A.CKEY NOES : NONE ABSENT: COUNCILWOMAN NORRIS ADOPTED ,JULY 14, 133:1 ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C;. SHARI Z , Cit Clerk MARJO�,�Y', Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: f � ROBERT M. JON S , City Attorney II1ICHAEL SHELTON, City Manager ADMINISTRATION.BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE:.(805) 466-8000 PHONE: (805)466-4422- CITY COUNCIL Atwjm�� seadee®CITY CLERK POLICE DEPARTMENT CITY TREASURER POSTOFFICE BOX 747ORPORATED ATASCADERO, CALIFORNIA 93423 CITY.MANAGER PHONE: 805 466-8600 ( ) ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY.DEVELOPMENT DEPARTMENT �» PUBLIC WORKS DEPARTMENT - FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 �-�-• PHONE: (805) 466-2141 California Emergency Council c/o Office of Emergency Services 2800 Meadowview Road Sacramento, CA 95832 Attn: Preparedness Division CERTIFICATION I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 135 adopted by the Atascadero City Council at a regular meeting thereof held on July 14 , 1986 1 DATED: 7/25/86 CINDY WILK S, Deputy City ,Clerk City of Atascadero,—California Attachment ,r ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE:.(805) 466-8000 PHONE: (805)466-4422 taseaadeiC® CITY COUNCIL CITY CLERK POLICE DEPARTMENT CITY TREASURER INCORPORATED JULY 2, 1979 POST OFFICE BOX 747 ORNIA 93423 CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT PHONE: (805) 466-8600 COMMUNITY DEVELOPMENT DEPARTMENT '+• - PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO.CALIFORNIA 93422 .'+• PHONE: (805) 466-2141 San Luis Obispo County Office of Emergency Services, Rm. 320 Countv Government Center San Luis Obispo , CA 93408 Attn: Mr. Wayne Hall CERTIFICATION I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 135 adopted by the Atascadero City Council at a regular meeting thereof held on July 14 , 1986 DATED: 7/29/86 �. . CINDY WILKINS, Deputy City Clerk City of Atascadero, California Attachment