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Ordinance 488 ~ ...... """cr ~~ . '.~- . " Q.f1QI!!!HQ.~ NO. 488 -- - AN ORDINANCE RELATING TO DISASTERS, PROVIDING FOR THE APPOINTMENT OF A DISASTER cmmCIL AND OTHER OFFICERS, AND PROVIDING FOR THEm DUTIES. WHEREAS, experience during war and peace has demonstrated the need for adequate disaster plans and for mobilization of the resources of the community to cope with such disasters; and WHEREAS, the state of California has created a State Disaster Council to prepare a state disaster plan and to recommend mutual. aid regions; and WHERFAS, municipalities have legal authority (Constitution, Article XI, Section 11, and Military and Veterans Code Section 1571, as amended by Statutes of 1945, Chapter 1024) to create disaster councils for the purpose of formulating local disaster plans, including mutual aid agreements; NOW, THEREFORE, the Common Oouilcil of the City of Gilroy does ordain as follows: Section 1. DISASTER. As used in this ordinance, the term "disastertt shall include, but is not limited to, any extraordinary fire, tlood, riot, storm, epidemic, earthquake or sabotage, or any enemy attack, which causes or threatens to cause loss of life or property and in which occurrences the responsibility devolves upon the regular constituted authorities tor the maintenance of public peace and order and the preservation of life and property. It shall not include any conditions resulting from a labor contro- versy. Section 2. DISASTER COUNCIL. MEMBERSHIP. The Gilroy Disaster Council is hereb,y created and shall consist of the following: a. The ~yor, who shall be chairman. b. The Commander, who shall be vice-chairman. c. The Vice-commander, appointed b<J the Mayor with the advice and consent of the Common Council, who, in the absence of, or at the direction of, the Oommander, shall act on his behalf on matters within the purview of this ordinance. d. The Ohiefs of Divisions as hereinafter provided. e. Such other representatives of civic; business, labor, veterans, q~~ , ~.._,.. ,~ '0, ". ~ 301 professional or other organizations as may be appointed by the mayor with the advice and consent of the Common Council. Section 3. DISASTER OOUNCIL. POWERS AND DUTIES. It shall be the duty of the Gilroy Disaster Oouncil, and it is hereby cmpowered: A. To develop a plan tor meeting any disaster. Such plan shall provide for the effective mobilization of all the resources ot 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 reconunend to the Common Council for approval mutual aid plans and agreements; D. Others. (as determined locally). The Disaster Council shall meet upon call ot the chairman. Section 4. COMMANDER. POWERS AND DUTIES. There is hereby created the office of Conunander. Such officer shall be appointed by the mayor with the advice and consent ot the Common Council. The Commander is hereby empowered: A. To proclaim the existence or threatened existence of a disaster and the termination thereat; B. To request the Governor to proclaim a state of extreme emergency in the area in and around the City of Gilroy when in the opinion of the Commander the resources of the Community are inadequate to cope with the disaster; C. To govern and di,rect the effort of the Gilroy Disaster Corps in the accomplishment of the purposes of t'lis ordinance; D. To direct coordination and cooperation between the chiefs of divisions and resolve questions of authority and responsibility that may arise between them; E. To represent the Disaster Corps in all dealings with public or private agencies pertaining to disaster preparedness. -2- - -..... ., . )07 -\t<'..-'I'",- It shall also be the duty of the Commander, and he is hereby empowered, during a disaster or when a disaster is imminent: A. To make and iss'I,1e 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 the life and property of the people, and bind the city for the fair value thereof, and, if required immediately, to commander 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 agency; E. To execute all of his ordinary powers as ,all of the special powers conferred upon him by this ordinance, and all powers conferred upon him by any other lawful authority. Section 5. EXECUTIVE OFFICER. There is hereby created the posi- tion of Executive Officer of the Disaster Corps. The Executive Officer shall be appointed by the mayor with the advice and consent of the Common 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 CO~. GENERAL. Officers and employees of the City of Gilroy, together with those volunteer torces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law be charged with duties incident to the protection of life and property in the City of Gilroy during such disaster, shall constitute the Gilroy Disaster Corps. Section 7. 12IVISIONS OF DISASTER CORPS. The functions and duties of the Gilroy 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 absnece, the first deputy and second deputy chiet, respectively, appointed by the Chief, and said division to consist of -3- ,.~ '-~J ~",C"'..'< . 3tJ3 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 volun- teers assigned to such division by the Personnel and Recruitment Division and shall formulate the division plan which, when approved by the Disaster COuncil, shall become a part of the disaster plan. The Chiefs of Divisions shall include in the division plans recommended mutual aid agreements. The Chiets of Divisions shall be custodians of special equipment and other property which may be obtained trom any source and assigned to such division b<J the Commander. A. LAW AND ORDER DIVISIOIi. 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 auxtliary police (volunteers). B. FIRE DIVISION. This division shall be under and subj ect 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 personnel and auxiliary fire fighters (volunteers). C. MEDICAL DIVISION. Tlds division shall be under and subject to the control of the city health officer, who shall be Chief of the Medical Division. The division shall consist of health department personnel and medical service volunteers. D. PUBLIC worore DIWION. This division shall be under and subject to the control of the director of public works (city engineer) who shall be Chief of the Public Works Division. The division shall consist of the department of public works personnel and auxiliary personnel (volunteers). E. 'Q'I'n..ITOO DIVISION. The chief of this division shall be a citizen, experienced and engaged in public utilities business, appointed by the mayor with the advice and consent of the City Council. The division shall consist of auxiliary personnel (volunteers). F. TRANSPORTATION DIVLSION. The chief ot this division" shall be a public official managing transportation facilities or a citizen, experi- enced and engaged in such industry, appointed by the mayor with the advice -4- . .~ ~~. .' 3oi- and consent of the City Council. The division shall consist of auxiliary personnel (volunteers). G. COMMUNICATIONS DIVISION. The chief of this division shall be a public official operating communications facilities (police or fire) or a citizen, experienced and engaged in such industry, appointed b,y the mayor with the advice and consent of the Oommon Council. The division shall consist of auxiliary persormel (volunteers) and city personnel engaged in communications work. H. PERSONNEL AND RECRUITMENT DIVISION. This division shall be under and subject to the control of the Executive Officer. It shall be the duty ot 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 otfice. I. AMERICAN RED CROSS. The American Red Cross in the City of Gilroy will furnish food, clothing, shelter, registration and information service, supplementary medical service when requested, and rehabilitation to individuals and families affected 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 ot the City of Gilroy Chapter of the American Red Cross, or a delegated representative thereot. J. OTHERS (AS DETERMINED LOCALLY). Seotion 8. VOLUNTEERS. All persons, other than officers and employees of the city, volunteering services pursuant to the provisions of this ordinance, shall serve ,vithout compensation from the city. WhUe engaged in such services, they shall have the same immunities as officers and employees of the city performing similar duties. Section 9. PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, .t/60 ~6,t. punishablepy a fine of not to exceed $JP-. f.JIi, or by imprisonment for not . ;.,",\'l~ cl&,,~ (!a..c. to exceed"sit: JlUR~S, or both, for any person during a disaster: A. 'Willfully to obstruct, hinder or delay any JOOmber of the Disaster Corps in the enforcement of any lawful rule or regulation issued pursuant -5- "',..-.ro.,.,,,, 'W;Il=- !:!SilP'L:,~~,:m;~~;~_ "".. f>' ~. -...~ os-' '" 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 other inhabitants of this city, or to prevent, hinder or delay the defense or protection thereot; C. To wear, carry or display, without authority, any means of identification specitied by the Disaster Council. Section lO. EFFKCTIVE DATE. This Ordinance shall be in full force and effect from."and after the date of its passage and approval. ADOPI'ED AND PASSED this ~ day of October, A.D. 1950, by the following vote: AYES: Oouncilmen: George M.Mason,J.H.Wentworth,Dav1d V.Stout,Dale D.Dan1els,Carl W.Pate. NOES: OouncUmen: None ABSENT: Councilmen: cTames B.Thom&s APPR ~ ATTEST: G.~oc City Clerk