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Ordinance 806 . "'<- 'I ~. " ORDINANCE NO. 806 AN ORDINANCE PROVIDING FOR THE PREPARATION AND CARRYING OUT OF PLANS FOR THE CIVIL DEFENSE OF PERSONS AND PROPERTY WITHIN THE CITY OF GIL- ROY 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, CORPORATIONS AND ORGANIZATIONS, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSES. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of a disaster, and to provide for the coordination 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 41saster 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 Gilroy. SECTION 2. DEFINITIONS. A. CIVIL DEFENSE. As used in this ordinance, the term "civil defenseu shall mean preparation for and 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, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. SECTION 3. CIVIL DEFENSE AND DISASTER COUNCIL MEMBERSHIP. The Gilroy 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 vice chairman. - 1 - goG C. The assistant director, the City Administrator Pro Tempore, and chiefs of civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this ordinance whp, under the supervision of the director, shall develop civil defense and disaster program of this city; and shall have such other duties as may be assigned by the director. D. 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 City Council. SECTION 4. 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 review and re- commend for adoption by the 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 such plans and agreements. The civil defense and disaster council shall meet upon call of the chairman or in his absence from the city or in- abill ty to call such meeting, upon the call of the vice chairman. SECTION 5. DIRECTOR OF CIVIL ~~f.~SE AND DISASTER. 'pOWERS AND DUTIES. There is hereby created the office of director of civil defense and disaster. The City Administrator shall be the director of civil defense and disaster. The director is hereby empowered: A. To request the council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, is the council is in session, or to issue such proclamation if the council is not in session, subject to con- firmation by the council at the earliest practicable time; B. To request the Governor to proclaim a state of disaster or a state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope wi th the disaster; C. To control and direct the effort of the civil defense and disaster organization of this city for the accomplish- ment of the purposes of this ordinance; - 2 - .. . '. 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 or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the Director of the California Disaster Office, the Director is hereby empowered: A. To make and issue rules and regulations on matters reasonably related to the protection of life and property aa affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the council. B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and propery 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 disaster or 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 imunities as are provided by state law for registered civil defense and disaster service volunteers; D. To requisition necessary personnel or material of any city department or agency; - 3 - - , . '\! ,'" E. To execute all of his ordinary power as city administrator, all of the special powers conferred upon his by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the counciJ~ or by any other lawful authority, and in conform ty 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 law, including persons pressed into service under the provisions of Section 6-c of this ordinance, be charged with the 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 Gilroy. SECTION 8. DIVISIONS. SERVICES. AND STAFF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the council shall prescribe by resolution. The council shall, concurrently with the adoption of this ordinance, adopt a resolution setting forth the form ot, organization; titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the Federal Government and the State of California. SECTION 9. PUNISHMENT OF VIOLATIONS. It shall be a misdemeanor, punishable 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. Wilfully to obstruct, hinder or delay any member of the civil defense and disaster organization in the en-p forcement 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. - 4 .. ... B~'P To do any act forbidden b) "any lawful rules or regulations issued pursuant to this ordinance, if such act is of such a nature as to give or by likely to give assistance to the enemy, or to imperil the 11 ves or property of inhabi tants of this city, or to prevent, hinder or delay the defense or protection thereof; ,C. To wear, carry or display, wi thout authori ty , any means of identification specified by the civil defense and disaster agency of the State. SECTION 10. REPEAL OF CONFLICTmG ORDINANCE. Ordinance No. 493 relating to civil defense and disaster is hereby repealed provided, that it is the intent of the city council in enacting this ordinance that it shall te considered a revision and continua- tion of said ordinance, No. 493, 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 resolu- tions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. SECTION 11. SEVERABILITY. If any provision of this ordinance or the application 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 12. EFFECTIVE DATE. This ordinance shall take effect and be in full force thirty days from and after the date of its adoption. ADOPTED AND PASSED this 5th day of Sept. , A.O. ~ 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffi n ,Kennedy,J r. ,Quart i rol i , Silva,Wentworth, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None / APPROVED BY: Jt'<7'--dd..-<L5~<<-<f4 Mayor . ' ># I ... I, SUSANNE E. PAYNE ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 806 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of September, 19 67 , at which meeting a quorum was present. further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF. I have hereunto set my hand and af- fixed the City of Gi lroy, this 6th day of