HomeMy WebLinkAboutOrd. No. 1963-409ORDINANCE N0. 409
AN ORDINANCE OF THE CITY OF ELSINORE CREATING CIVIL DEFENSE
CORPS; DISATER COUNCIL; OFFICE OF CIVIL DEFENSE DIRECTOR
PROVIDING FOR THE ADMINISTRATION OF CIVIL DEFENSE IN THE
CITY OF ELSINORE AND FOR COOPERATION OF THE CITY OF ELSINORE
WITH OTHER CITIES & POLITLCAL JURISDICTIONS ADJACENT TO;
SAID CITY
The City Council of the City of E15i:nore, County of-Riverside,'Sta#e
of -Cal iforniU,dDOES:;DR,DA:I'N'`.AS FOLLOWS:
i.ARTICLE 1, GENERAL PURPOSE
SECTION 1.1: It 'is hereby 'found & declared that it is necessary to
standardize"the direction & control .of-the disaster purposes; the
duties, respohsibilities & activities of all persons, organizations
& departmentsof city government, & officers &;:employees of the City,.
performing services or rendering aid in the event of an emergency
arishing out of a disaster: ~fo enable the City more effectively to
cooperate with other cities, political subdivisions & other public ;
agenci'es'df the.Sta e of California in preparing to cope with & _
guard ageinstconditians which may ,result in extreme peril to life
& property &.the resources of the City,, as he needs of the citizens-
"of the City'of Elsinore 'may demand'in the event of a disaster;, to
assist, coordinaEe & cooperate with the civil defense & disaster
:'organizations & authorities of- he State of. California -and the,
federal government in the successful conduct'of the civil defense;
to declare & define the duties & responsibilities of various
departments, boards;.-commissions & officers of the City of
Elsinore when functioning as'part of the-civil defense & disaster.
'..forces of!the'City of Elsinore; & to provide the means whereby;
citizens'.'may~cooperate with & assist i`n preparing for & coping with
an emergency arising out of an disaster, o the end thatthe maxi-mum......
protection of life & property may be afforded to the residents of-
City of Elsinore.
':ARTICLE 'l l' DEFINFTIONS
SECTION 2.1. CIVIL DEFENSE. As used in this ordinance, the term
"Civil Defense".'shall mean the preparation for & the carrying out ,
of all emergency functions,-other han functions-for which military
forces are primarily responsible, to prevent; minimize & repair
injury to persons.& property resulting fram disasters. It shall
not incluke, nor does any provision of this ordinance apply to,
any condition relating Lo a labor controversy..
SECTION 2.2. 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
any-similar:public calamity:
SECTION'2.3. OTHER DiFINITIONS. .Other terms used herein shall the:
meanings as 'used in the CAlifornia Disaster Act.
ARTICLE 1.1.1. CIVIL DEFENSE CORPS.
SECTION 3.1 CREATION. There is hereby created a "Civil Defense
Corps" which shall consist of all officers and employees of the
City of Elsinore, and its agencies, together-with all volunteers
& persons commandeered under the provisions of the :California .
Disaster Act & this ordinance, with all equipment & materiel publicly
owned, Jolunteered,'commandeered or in _any way uhder the control of `the
aforementioned personhel; for-the support of the aforementioned
personnel in the conduct of disaster operations.
SECTION 3.2. ACT1VATl0IJ: The~City of Elsinore Civil Defense Corps
shall become activated, ~ function as a disaster relief body, only: `
(A) Upon the existence of a "State of Extreme Emergency,"
(B) Upon the declaration by the Governor of the State of
California, or persons authorized to act in his stead, of a
"State of Disaster" affectiny Riverside County,
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(C) Upon the declatation of a "State of-Disaster" by the commander
of the Riverside County Civil Defense Corps affecting -the City
of Elsinore, or
(D) Upon the declaration of a "State of"Disaster" by the Mayor
of `the City of Elsinore.
SECTION 3.3. COMPOSITION, RESPONSIBILITY & AUTHORITY, .The Civil
Defense Corps shall be composed of such divisions; services & other
elements as provided for in the Civil Defense Operations Plan bfa
~ the City of'Elsinore: 'The Chief of each Service shall have the duty
& authority to plan for the mobilization, o~@dryl~pbd & support of tha t
segment of the Civil Defense Corps for which each is responsible as
provided for in the Civil Defense Operations Plan of the City of
Elsinore, & to conduct the activities-thereof.
ARTICLE lV, DISASTER COUNCiG.
SECTION 4.l CREATION & MEPI6ERSHIP.=-'The City of Elsinore Disaster
Council is hereby created. It shall consist of""the following persons:
(A) .Mayor of the-City of Elsinore, who shall be its chairman
(B) Chief of Police
(G)"city Attorney,
(D) Gity Fire Chief
(E) City Public Works Director
(F) A medical-foctor to be nominated by the Riverside County
Medical Association and appointed by the City Ciuhcil.
(G) One member to be nominated by the Elsinore Branch of the
~Riwerside County Chapter of the America n:Nffitional Red Cross
arld appointed by the Gity Council.
(H) Such additional residents of the City of Elsinore as .the
City Council may appoint to be "members at large"
(I) The City Manager, who shall be the Secretary but without
vote.
~~' SECTION 4.2, POWERE & DUTIES, The disaster Council shall have power to:
(A) Elect a Vice-Chairman and such other officers as it-shall deem
- necessary.
(B) Enact its own rules of procedure
(C) Review E recommend for adoption to the Eity Council civil
"defense & disaster & mutal aid plans & agreements & such ordinances
& resolutions ~ rules & regula#ions as it shall deem necessay to
implement such plans & agreements,
SECTION 4,3. MEETINGS. The Disaster Council shall meet upon call of
the Chairman, or in hes absence or inabilixy-to ca91 such meeting, upon
the call of the Vice-Chairman, but not less frequently than twice a year.
ARTICLE V, COMMANDER of THE CITY OF ELSINORE CIVIL DEFENSE CORPS,
SECTION 5.1 WHO SHALL BE COMMANDER, The Mayor of the City of Elsinore
shall be Commander of the City of Elsinore Givil Defense Corps.
SECTION 5.2. SUCCESSION TO COMMANDER, In the absence or ihability of
the Mayor of the City of Elsinore to act as the Commander of the City
of Elsinore Civil Defense Corps, he shall automatically be secceeded
by the following officals in the order listed;`
(A) Vice-Mayor of the Cityof Elsinore
(B) Remaining members of the City Council in the order of their
i seniority as members of said council.
(C) City Manager of the City of Elsinore
i (D) Assistant Civil Defense Director of the City of'Elsinore
(E) City Chief of Police _.
(F) City Public Works Director.
SECTION 5.3. POWERS & DUTIES. The Commander of the City of Elsinore
Civi lJ)efense Corps shall the following powers and duties:
(A) To appoint Service CE~iefs & other key personnel, subject to
approval of the City Council,
(B) To proclain the existence & termination of a "State of Disaster"
or "State of Extreme Emergency" to:
(1) Control & direct the activities of the City of Elsinore
Civil Defense Corps,
(2) Utilise all City resources for the preservation of. life
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& property & reduce the effects of disaster
(3) Direct coordination & cooperation between divisions,
services & staff of the City of Elsinore Civil 6efense Eorps,
& to resolve questions of authority & responsibility that may
arise between them,
(4) obtain vital supplies, equipment & such other .properties
found lacking &.needed for the protection of life ~ property of
the people, & bind the City for the fair value thereof; & if
required immediately to commandeer the same far .public use,
except that in a proclaimed natural disaster no services,or
expenditures which the American National Red Cross is responsible
for furnishing under its Congressional Charter. shall be procured";
from public funds bya any offi,cal of the City of Elsinore.
(5) To delegate to the Civil Defense Director of the City of
-Elsinore, & to elected & appointed officals ,such duties,
responsibilities &-.authorities as he deems necessary or
desirable, _
(6) To".make & issue rules it regulations !on matters reasonably
related to the protection of Life.& property as affected by the
eontitions of a m~ disaster proclaimed as provided herein,
(7) To require emergency services of any City officer of
employee & to command the aid of as many citizens of the City
of Elsinore as he thinks: necessary in the execution of his
duties, (such persons shall be!entiled to all privileges,
benefits & immunities as are-pro videdby State law for registered
civil defense workers volunteers)
($X to exercise complite authority over. the City & to exercise
all police power vested in the City by the Cons titution,&-
general laws,
(g) In addition to the powers granted herein the Commander of
the City of Elsinore Civil Defense Corps shall have such powers
incidental to the performance of his duties as .Commander of the
City ofLElsinore Civil Drfense Corps as shall be nexessary;.to
allow him to carry out the.Civi"1 Defense Operations-Plan of ,the
Ci y of Elsinore, it being the intent that the enumerated powers
herein are not ihtended to be limitations upon his-powers,
ARTICLE V1. OFFICE OF CIVIL DEFENSE,
SECTION 6,1. CREATJOpI, There is hereby created the City of Elsinore
Office of-Civil Defensefwhick.shall consist of such positions as_may ~,~
be establfished:by,the Qity'Council, j
ARTICLE V11 CIVIL DEFENSE-:DIRECTOR,
SECTION 7.11. CREATION.: There is hereby established the positon of C"ivil
Defense Director which shall be filled,by appointment by the City=Council.
SECTION 7,2, POWEP.S & DUTIES PRIOR TO DISASTER, The Civil Defense
Directorfshall; prior'to disaster,
(A) Develop & coordinate he civil defense planning for the City
- of Elsinore to provide for the utilization of all City departments
their resources & equipment; all commercial & industrial resources;
al special' groups, bodies, & organ`izaYions.;as may be necessary for
the support of civil defense operations;
(B)!.develop & coordinate such civil defense raining programs &
exercises:as may be necessary for operatio"nal requirements;.
(C) Develop & coordinate programs designed to inform the public of
measures for.selfprotection & civil defenseactiviaies;
(D)` Effect liaison & coordination with count}:,,state, federal &
other-:county and:"city. civil defense agencies, & with; appropriate
elements of the Armed Forces;
(E) recommend to the City of Elsinore Disaster Council-for con-
sideration all matters within the purview of ,the Council's
responsibilities;
(F) recommend to the City Council-for consideration matters of
policy decision insofar as they relate to civil defense,
(G) assign duties & responsibilities to personnel of the Office
of Civil Defense.
SECTION 7.3- POWERS & DUTIES CN DISASTER:, Dur'i'ng periods of proclained,:
"State of Disaster" or "State of Extreme Emergency!' as provided herein,
the Civil -0efens,e Director shall:
(A) serve as executive officer to the Commander of the Civil
9efense Corp;
(B) provide for the mobilization ~ deployment of all personnel &
materiel resources as directed by sai9 Commander,
(C) :perform such other duties & responsibilities as may be assigned
by said Commander or other competent authority.
ARTICLE Vlll, POG3ERS ON SUCCESSION,
SECTION S,1 Each person who shall succeed to each position or office as
provided herein shall succeed to all of the powers-and duties of the office
succeeded to immediately upon such succession.
ARTCCLE 1X, ORDERS OF MEMBERS
SECTION 9 J . During the existence of a proclaimed "State of Disaster"
or ;'State of Extreme Emergency" each member of .the City Civil .Defense
Corps shall have authority to require that all persons shall follow
reasonable orders .given by him within the scope of his functions., in
order to effect the execution of the Civil Defense Operations-Plan of
the City of Elsinore, & the wilful failure of any person fo follow such
reasonable order or orders shalt be a misdemeanor,.
ARTICLE X. CONTINUITY OF GOVERidMENT
SECTION 10.1! KEY PERSONNEL. OFFICIALS
(A) Mayor, The line of succession shall be the Vice-Mayor
followed in turn by the remai"ning members of the City .Couricil
in the order of heir seniority as members of said Council,
excluding stand-by successors..
(B)Members, City Council. Pursuant to Section 1550,03 of the
Military. ~ Veterans Code, the -City Council shall appoint three
stand-by successors for each member of said council..
(C) Other Elected Officers.. Line of .succession .shall, be in the
order of desecding authority among existing subordinates, & there-
after. as provided by the Gity Council.
SECTION 10.2 ALTERNATE CITY HEADQUARTERS, The. City Library is hereby
designated the alternate headquarters of the City government, for use
in the event of war or enemy-caused disaster or imminence theneof,
twhereupon all, business of-the City transacted. thereat shall be legal
and binding as if transacted at the City Nall,
SECTION 10.3 OPERATING HEADQUARTERS, The civil Defense Director shall
in cooperation-with the other City departments & such other agencies
I- as may be involved, provide for the selection., insta llation & emergency
manning of at leasfi two emergency operating centers. One of hese shall
be located at_the City Hall> to be designated the principal headquarters.
`" The other to be designated the alternate emergency operating center shall
be located at the alternate city headquarters..
ARTICLE X1. PENALTIES
SECTION 11.1 It shall be amisdemeanor and shall be punishable by a fine
of not more than $500 or by imprisonment for not mare than six months, or
both, for any person during a disaster:
(A) wilfully to obstruct, hinder, or delay any member of the City
of Elsinore Civil .Defense Corps in the enforcement of any lawful
rule, regulation or order issued pursuant to this ordinance, or in
the performance of any ~dwty imposed upon him by virtu re of this
ordinance,
(B) to do any act forbidden by lawful rule, regulation or order
issued pursuant:J:O this ordnance; if such-act is of such a nature
as to give, or be 'li!<ely to give, assistance to the enemy, or to
imperil life or property: or to .prevent hinder or delay the defense
or protection of person or property,
(C)' to wear, carry:, or display:, wi bout authority, any means of
identification specified by the Civil Defense and Disaster Agencies
of the Federal or State Governments.
--~ ARTICLE X11. REPEALS.
j SECTION 12..1 Ordinance (s) 255 (and ) are repealed.
ARTICLE X111. SEVERABILITY,
SECTION 13.1. If any section, sub-section, clause or phrase of this
ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the -validity or constututionality of
the remaining portions of this ordi-Hance,
ARTICLE X1 V, ADOPTION.
SECTION 14,1 Thi ordinance shall take effect upon the thirtieth day
following its adoption.
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Passed and atls~pteG by the City Council of the City of Elsinoee the 27th
a~.~~-4~,~ 1963 , /.1/~: ~. ~ ~-~~zb~. ~~4~-'
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