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Ordinance 1975-18ORDINANCE NO. 75-18 AN ORDINANCE OF THE CITY OF GILROY REPEALING CHAPTER 7 OF THE GILROY CITY CODE ADDING CHAPTER 9 RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 7 of the Gilroy City Code is repealed and Chapter 9 is added to read as follows: CHAPTER 9. EMERGENCY ORGANIZATION AND FUNCTIONS. § 9 1. Purposes. § 9 2. Definition. § 9 3. Disaster Council Membership. § 9 4. Disaster Council Powers and Duties. § 9 5. Director of Emergency Services. §96. Powers and Duties of the Director of Emergency Services. § 9.7. Emergency Organization. §9.8. Structure, Duties and Functions of the Emergency Organization. § 9.9. Mutual Aid. § 9.10. EXpenditures. § 9.11. Punishment of Violations. Sec. 9.1 Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of ~ersons and property within this City in the event of an emergency; the direc- tion of the emergency organization; and the coordination of the emer- gency functions of this City with all other public agencies, corpora- tions, organizations, and affected private persons. Sec. 9.2 Definition. As used in this Chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme oeril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be ORDINANCE NO. 75-18 -1- beyond the control of the services, personnel, equipment, and faci- lities of this City, requiring the combined forces of other politi- cal subdivisions to combat. Sec. 9.3 Disaster Council Membersh'~.p. The Gilroy Disaster Council is hereby created and shall consist of the following: (a) The Mayor, who shall be chairman. The Director of Emergency Services, who shall be vice chairman. (c) The Chief of Police, the Director of Public Works, the Fire Chief, the Director of Parks and Recrea- tion and Assistant Director of Emergency Services. (d) Sec. 9.4 Such other persons as may be appointedby the Mayor with the advice and consent of the City Council. Disaster Council' Powers' and D'uti'es. It shall be the duty of the Gilroy 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 necessary 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 meeting, upon call of the vice chairman. Regularly scheduled meetings of the Disaster Council shall be during the months of March and October. Sec. 9.5 Director of Emergency SerVices. There is hereby created the offiCe of Director of Emergency Services. The City Administrator shall be the Director of Emergency Services. Sec. 9.6 Powers and Duties of the ~D'irector of' Emergeqcz'Ser- vices. The Director is hereby empowered to: (a) 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 in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days there- after or the proclamation shall have no further force or effect. (b) Request the Governor to proclaim a "state of emer- gency'' when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. -2- (c) (d) (e) (f) (g) Develop emergency plans with the assistance of emer- gency service chiefs for consideration by the Dis- aster Council and manage the emergency programs of this City. Control and direct the effort of the emergency organi- zation of this City for the accomplishment of the purposes of this Chapter. DireCt coooeration between and coordination of ser- vices and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them. Represent this City in all dealings with public or private agencies on matters pertaining to emergen- cies as defined herein. In the event of the proclamation of a "local emergen- cy'' as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State office of Emergency Services, or the existence of a "state of war emergency" the Director is hereby empowered to: l) 2) 3) 4) 5) Make and issue rules and regulations on mat- ters reasonably related to the protection of life and property as affected by such emer- gency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; Require emergency services of any City offi- cer 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 immunities as are proVided by state law for registered disaster service workers; Requisition necessary personnel or material of any town department or agency; and Execute all his ordinary powers as City Admin- istrator, all of the special powers conferred upon him bY this Chapter or bY ordinance, or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers con- ferred upon him by any statute, by an agree- ment approved by the City Council, and by any other lawful authority. -3- Sec. 9.7 Emergency Organizati'on. Ail officers and employees of this City, together with these volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of Section 9.6 (g) (3) of this chapter, be charged with duties incident to the protection of life and property in this City during such emer- gency, shall constitute the emergency organization of the City of Gilroy. Sec. 9.8 Structure, DUtieS and Functi'ons 'of the Emergency OrganizatiOn. The structure, duties, and functions of the Gilroy emergency organization and the order of emergency succession to the position of Director of Emergency Services, shall be adopted by resolution of the City Council. Sec. 9.9 Mutual Aid. It is the purpose of the City Council in enacting this Ordinance to facilitate the rendering of mutual aid to and for the peoole of this City. Emergency Plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County Operational Area. Section 9.10 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 Gilroy. Section 9.11 Punishmentof Violations. It shall be a misdeameanor, punishable by a fine of not to ex- ceed five hundred dollars ($500.), or by imprisonment for not to exceed six (6) months, or both, for any person, during an emergency, to: (a) (b) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter, or in the performance of any duty imposed upon him by virtue of this Chapter. Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such a nature as to give or be likely to give assis- tance to the enemy or to imperil the lives or proper- ty of inhabitants of this City or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. SECTION II: Ail other ordinanceS and parts of ordinances in conflict herewith are hereby repealed, provided, that it is the intent of the City Council in enacting this Chapter that it shall be considered -4- a revision and continuation of the chapter repealed by this chapter and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, ruleS and regulations, or resolutions adopted pursuant to such repealed chapter be affected by such repeal until amended, modified, or superseded. SECTION III: This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. SECTION IV: If any provision of this Ordinance or the applica- tion thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable. SECTION V: This Ordinance shall be published by title and summary once in the Gilroy Dispatch, a newspaper published in the City of Gilroy. INTRODUCED at a regular meeting of the City Council of the City of Gilroy, State of California, held on the 18th day of August, 1975. PASSED A_ND ADOPTED this 2nd day of September, 1975, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CHDLDERS, DeBELL, LINK, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: DUFFIN ATTEST: ' C i~y 'C 1 erk , ~/--~5z ~j APPROVED: Mayor -5- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 75-~18is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of Septe.mber , 19 .75, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offici?? seal of the City of Gilroy, this 4th day of Sel~tember , City Clerlcof the~City'of Gilro~ ~ (Seal) 19 75.