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SECTION I: Chapter 7 of the Gilroy City Code is repealed and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.
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(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.
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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
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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
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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.