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HomeMy WebLinkAboutTC Ord 1966-10-10 ORD INA NCE NO. 65 AN ORDINANCE OF THE CITY OF TIBURON RELATING TO CIVIL DEFENSE AND DISASTERS The City Council of the City of Tiburon does ordain as follows: Section 1. PURPOSES.. The declared purposes of this ordinance are to prov1.de tor Efie preparat'ion 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 oth~r public agencies and affected private persons, corporations and organizations. Any expel!- ditures made in connection with such civil defense and disaster act1.- vities, including mutual aid activities, shall be de~Qed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Tiburon. Section 2. DEFINITIONS. !~. CIVIL DEFENSE. l:..S used in this ordinnnce, the t~rm lIcivil defense" 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 ordiLltL::ce apply to any condition relating to a labor controversy. B. DISASTER. As uRed in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood~ St01~1~ epidemic, riot, earthquake or other similar public calami.ty. Section 3. CIVIL DEFENSE AND DISASTER COUNCIL MEMBERSHIP. The Tiburon C1.vl.l Defense and Disaster COunc1.l 1.S hereby created and shall consist of the following: ll. The mayor, who shall be chairman. B. The director of civil defense and disaster, who shall be vice-chairman. C. The assistant director, appointed by the mayor, with the advice and consent of the City Council who, under the supervision 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 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, vete- rans, professional or other organizations having an official group or or9anization civil defense and disaster responsibility as may be ap- p01.nted by the mayor with the advice and consent of the City Council. Section 4. CIVIL DEFENSE P.ND DISASTER COUNCIL. POWERS AND DUTIES. It shall betIle duty ot the Tiburon C1.Vl.l detense and dl.saster council, and it is hereby empowered, to.review and recommend for adop- tion by the City Council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules 10 and regulations as are necessary to iQplem~nt such plans and agree- ments. The civil defense and disaster council shall meet upon call of the chairman or in his absence from the City or inability to call such meeting, upon the call of the vice chairman. Section 5. The City Nanager shall be the Director of Civil Defense and Dl.saster. The Director is hereby empo'V7ered: A. To r.equest the City Council to proclaim the existence or threatened existence of a disaster or an emergency and the termi- nation thereof, if the City Council is in session, or to issue such proclamation if the Cit; Council ia not in oession, subject to confir- mation by the City Counci_l at the earliest practicable time. B. To request, through the mayor, the Governor to pro- claim a state of disaster aT a state of extreme emergency when in the opinion of the director the resources of the area or region are inade- quate to cope with the disaster. C, To cont:::o1 and direct the effort of the civi 1 defens e and disaster orga115.i,ation of: this City for the accomplishment of the purposes of this ordinance. D. To direct coordination and cooperation between divi- sions, services and staff of the civil defense and disaster organiza- tion of this City, and to reBolve questions of authority and 'respon- sibility that may arise between them. L'.,. To represent the civil defense and disaster organiza- tion 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 dis- aster or a state of extreme emergency by the Governor or the Director of the California Disaster Office, the Director is hereby empowered: A. Tonake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disas ter; provided, however, such rules and regula tions mus,t be confirmed at the earliest practicable time by the City 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 imm~diately, to commandeer the same for public use. C. To r2quire 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 comraunity as he thinks necessary in the execution of his du- ties; such persons. shall be entitled to all privileges, benefits and immunities as are provided by State law for registered civil defense and disaster service volunteers. D. To requisition necessary personnel or material of an~ City department or agency. E. To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this ordinance or by resoluti.on adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other 2. lawful authority, and in conformity with Section 38791 of the Govern- ment Code, to exercise complete authority over the City and to exer- cise all police power vested in the City by the Constitution and gene- ral laws. Sect10n 7. CIVIL DEFENSE AND DISASTER ORGANIZATION. Alloffi- cers and employees ot thJ.s C~ty, together with those volunteer forces enrolled to aid them during ~ disaster, and all groups, organizations and persons who may by agreem~nt or operation of law, including per- Sons pressed into s~rvice 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 Tiburon. Section 8. DIVIS IONS, SERVICES AND ST1~FF OF THE CIVIL DEFENSE AND DISASTER ORGANIZATION. The functions and dut1es at the c~vil de- tense and d1.saster organization shall be distributed among such divi- sions, services and special staff as the City Council shall prescribe by resolution. The City Council shall, concurrently with the adoption of this ordinance, adopt a resolution setting forth the form of organi- zation, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of offi- cers and employees. Insofar as possible, the form of 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 VIOL/iTIONS. It shall be a misde- lneanor, pun1shable by a t1ne ot not to exceed $500.00, or by ~pri- SOll@ent 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 enforc6~ent 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 ordi- nance. - B. To do any act forbidden by any lawful rules or regu- lations 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 inhabitants of this City, or to pre- vent, hinder or delay the defense or protection thereof. C. To wear, carry or display, without authority, any lileans of identification specified by the civil defense and disaster agency of the State. Section 10. REPEAL OF CONFLICTING ORDINANCES. Any and all ordinances and resolut~ons Wh1Ch may be l.nCOns1stent herewith are hereby superceded to the extent of such inconsistency. Section 11. EFFECTIVE DATE. This ordinance is hereby declared to be an emergency measure necessary for the imn1ediate preservation of the public peace, health and safety, and shall take effect immediately. The following is a statement of the facts showing its urgency: Both the Congress of the United States and the California State Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans conteraplate adoption of such local legislation as is necessary to put into operation a coordinated and 3. /,....;.;"./ I /'J A -<r" . ,Ji.J. 'f t......... _.~. I ... AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CI'IY OF TIBURON ) ) ) S8 PHIL V. SCO'IT, being first duly sworn deposes and says: That at all times herein rrentioned he was and now is the DEVELOPMENT ADtITNISTRATOR of the City of Tiburon, California; that pursuant to Section of the Government Code, of the Sta.te of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Boulevard and Tiburon Fi~ Department, Trestle Glen Boulevard and Paradise D1'i ve Ordinance No. 66 a copy of which is hereinafter set forth in the form attached hereto. Said Ordinance was posted on the aforementioned places in the City of Tiburon on the ~th day of October , 19~. ~~~ Development dminl.strator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in and !2r said County and ~ ~.l",daYOf _ r-. 19 ~ . /Q-j" ~ C ':, ~ 'OJ .' (/ /u/I"-:e-(~ .f,\ T