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Ordinance 493 \.-- >;;~ ~ :; ORDINANCE NO. 493 AN ORDINANCE PROVIDING FOR THE PREPARATION AND CARRYING OUT OF PLANS FOR THE CIVIL DEFENSE OF PERSONS AND PROPERTY WITHIN THE CITY OF GILROY IN THE EVENT OF A DISASTER, AND TO PROVIDE FOR THE COORDINATION OF THE CIVIL DEFENSE AND DISASTER FUNCTIONS WITH ALL OTHER PUBLIC AGENCIES PERSONS.1 CORPORATIONS AND ORGANIZATIONS, AND REPEALING ALL ORDINANC~S IN CONFLICT THEREWITH. THE CO~~ON COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSES. The declared purposes ot this ordinance are to provide tor the preparation and carrying out ot plans for the civil defense of persons and property withib this city in the event ot a disaster, and to provide tor the coordinanion of the civil defense and 41saster functions of this city with all other public agencies and atfected private persons, corporations and organizations. Any expenditures made in connectioI 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 prore rty of the City of Gilroy. SECTION 2. DEFINITIONS. A. CIVIL DEFENSE. As used in this ordinance, the term "civil defense" shall mean the preparation tor 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 pro- vision of this ordinance apply to any condition relating to a labor con- troversy. B. DISAS1~. As used in this o~dinance, the term "disas1lr'1 shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. CIVIL DEFENSE AIm DISASTER COUNCIL. MEMBERSHIP. The Gilroy Civil Defense and Disaster Council is hereby created and shall con- sist of the following: A. The mayor, who shall be chairmano B. The director of civil defense and lisaster, who shall be vice chairman. C. The assistant director, appointed by the Mayor with the advice and consent ot the common council who, under the supervision iC;3 ..l~ f 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 common council. SECTION 1+. CIVIL DEFENSE AND DISASTER COUNCIL. POWERS AND DUTIES. It shall be the duty of the Gilroy Civil Defense and Disaster Council, and it is hereby empowered, to tt&view and recommend for adoption by the city council, civil defense and 4isaster 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 o~ in his absence . from the city or inability to call such meeting, upon the call of the vice chairman. SECT ION '0 D IREC~OR OF CIVIL DEFENSE ArND DISASTER. PO~RS 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 common council. The director is hereby empowered: A. To request the common council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the common council is in session, or to issue such proclamation if the common council is not in session, subject to confirmation b.1 the common 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 and direct the effort of the civil defense and disaster organization of this city for the accomplishment of the pur- poses of this ordinance; -2- -, r- "". "- ... 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 here- in provided, or the proclamation of a state of extreme emergency by the Governor or the state Director of Civil Defense, 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 con- firmed at the earliest practicable time by the common 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 nec- essary 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 requistion necessary personnel or material of any city department or agency, E. To execute all of his ordinary powers 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 om_on 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 -3- ., co.' (, in the city by the Constitution and general laws. SECTION 7. CIV~L DEF:ENSE AND DISAStER ORQ1WIZATIQN. 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 be 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 Gilroy. SECTION 8. DIVISIONS, SERVICES AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and duties of the Gilroy Civil defense and disaster organization shall be distributed among such divisions, services and special staff as the common council shall prescribe by resolution. The common council shalli 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 recommendatbns of the Federal government and the Civil Defense agency of the State of California. SECTION 9. Punishment of Viol~tions. It shall be a misdemeanor, punishable by a fine of not to exceed $100.00, or by imprisonment for not to exceed 30 days, or both, for any person during a disasterl A. Wilfully to obstruct, hinder or delay anY' ...ber of the civil defense and disaster organization in the enforcement6f 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 issue~ pursuant to this ordinance, if such act is of such a nature as to giv~, 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 -4... '" .. .. ~"'" / .. means of identification specified by the civil defense and disaster agency of the state. SECTION lO. REPEAL OF CONFLICTING ORDINANC~S. Ordinance No. 488 relating to civil defense and disaster and all other ordinances are here- by repealed provided that it is the intent of the common council in enacting this ordinance that it shall be considered a revision and con- tinuation of said ordinance No. 488, 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 b~ affected by such repeal until amended, modified, or superseded as provi"-ed in this ordinance. SECT ION 11. SEVERABILITY. If any provis ion of this ordinance or the ~lication thereof to any person or circumstances is 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. SECTION 14!. EFFECTIVE 12A'm. This ordinance shall take effect and be in full force from and after its adoption and approval. ADOPTED AND PASSED this 5th day of... 19,1, by the following vote: AYES: COUNCILMEN: George M.Mason,.T.H. Wentworth,.Tames B.Thomas, David V.Stout,Carl W.Pate. NOES, COUNCILMEN: None March ~tA. D., ABSENT: COUNCILMEN: Dale D.Daniels APPROVED: Mayor ATTEST: ~.~,~ City Cler -,-