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HomeMy WebLinkAboutOrd. No. 1977-569~ ~ A'f '~ .. i ~Q i~ qt 1'. ~~ h A5~ ~ - ~~ J. s.d i i ~ ll. ~~ a ORDINANCE NO. 569 ANQRDINANCE OF. THE CITY OF. LAKE ELSINOREAMENDING l TITLE 2 OFCHAPTER 2.20 OF_THE MUNICIPAL CODE OF SAID CITY PERTAININGTO DISASTER RELIEF AND REPEAL- . 2 '. TNG ORDINANCE NO. 506. - ,;3 THE CITY. COUNCIL OF THE CITY OF LAKE EL5IDIORE,DOE5 ORDAIN AS FOLLOWS: ~ ~ SECTION l: Title 2 of Chapter 2.20 of the Municipal Code of the 5 City bf Lake Elsinore is hereby amended to read as follows: s CHAPTER 2.20 7 L. GENERAL DISASTER RELIEF PROVISIONS $ 2.20.010 The declared purposes of this ordinance are to provide for the 9 preparation and carrying out of plans for the protection of persons and 10 property within the City of Lake Elsinore in the event of the emergency 11 conditions hereihafter referred to; the direction of the disaster orgin- 12 ization and the coordination of .the disaster functions of the City of Lake l~ Elsinore with the County of Riverside and with all other public agencies, ~4 corporations, organizations and affected private persons. 15 IL 'DEFINITIONS -16 2-20.020 As used in this ordinance, emergency shall mean the actual 17 or threatened existence of conditions of disaster or of extreme peril to the 18 'safety of persons and property within this city caused by such conditions as ~9 air pollution, fire, flood, storm, epidemic, riot, earthquake or other 20 conditions, including conditions resulting from war or imminent threat of 21 war but other than conditions resulting from a labor controversy, which 22 conditions are or are likely to be beyond the control of the services, regular 23II personnel, equipment and facilities of this city and which may require the 24fI combined forces of other political jurisdictions to combat 2511 2.20.030 Other terms used herein shall have meanings as used in the 26Ij California Emergency Services Act.. 'Z71~ III. DISASTER COUNCIL 28~~ 2.20.040 It shall be the duty of the Lake Elsinore Disaster Council, 29 II and it is hereby empowered, to cause to be developed and recommend for 30~~ adoption by the City Council emergency and mutual aid plans and agreements 37.E and such ordinances, resolutions, rules and regulations as are necessary 32 to implement such plans and agreements. The Disaster Council shall meet (].) .- ;; > M ::. l upon call of the Chairman, or in his absence from the city or inability to '~ call such a meeting, upon the call of the Vice-Chairman. 3 2..20.050 The City of Lake Disaster Council consists of the following ~~ 4 persons: I 5 (a) The City Manager, who shall be its Chairman and shall also be 6 member of the Riverside County Disaster Council; 7 (b) Mayor; 8 (c) Mayor Pro Tem; g (d)'..City Engineer: '_... ~-0 . (e) Public Works Director; 11 (f) -0ne member to be nominated by the American National Red ' 12 Cross and appointed by the City Council; ~-3 (g) Such additional citizens of the City of Lake Elsinore 14 as the City Council may appoint to be "members at large"; 15 (h) The Assistant Disaster Preparedness Coordinator, who 16 shall be Secretary, but without vote. i~ 17 2.20.060 The Disaster Council shall have power to: 18 I (a) Elect a Vice-Chairman and such other officers as it may 19 deem necessary; 2~ (b) Enact its own rules and procedures; 27 (c) Review and. recommend for adoption by the City Council 22 disaster and mutual aid plans and agreements. 23 - IV, DISASTER PREPAREDNESS FUNCTIONS 24 2.20,070 Pre-disaster preparedness functions as described in Joint I 25 PowersAgreement for the City of Lake Elsinore will be accomplished by the 26 Riverside County Office of Disaster Preparedness under contract to the City. 27 The City Manager is designated Disaster Preparedness Coordinator for coor- 28 i dinating contract functions and he will appoint an assistant to perform such i 29 functions as he may direct. 30 2.20.080- The services to be provided by the County Office of Disaster 31 preparedness includes but is not limited to preparation of general. plan, 32 annexesthereto and communications planningreports. (2) I e _.~'. ~: J t Z II 2 3 V.EMERGENCY CORPS :2.20.090 The City of Lake .Elsinore Emergehcy Corps shall be activate and shall function as a disaster relief body only: (a) Upon the existence of a "state of war" emergency; (b) Upon he declaration by the Governor of the State of California, or of persons authorized to act in his stead, of a "state of emergency", affecting and including the City of Lake Elsinore; (c) Upon the declaration of a "local emergency" by the City Council of the City of Lake Elsinore or by persons herein authorized to act in its stead; (d) When, affirmative response is made to the County of Riverside to join in a "local Emergency" declared by the County. 2.20.100 A "local Emergency" may be declared for good and sufficient reason by the Council or, if the Council is not in session, lay: (a) Any member of the Council acting individually; (b) City Manager; (c) City Engineer; (d) Public Works Director. 4 5 6 7 S 9 11 12 Z3 15 ~6 _... 17 - 18 19II Whenever a "local emergency" is proclaimed by other than the Council, the i 20 Council shall take action to ratify the proclamation within seven (7) days 21 II thereafter or the proclamation shall have no further force or effect. 22 2.20.110 The Council shall review, at least every fourteen {14) days, 23 until such "local emergency" is terminated, the need for continuing the `z4 "local emergency" and shall proclaim the termination of such "local emergency" 25 at the earliest possible date the conditions warrant. 26 2.20.120 The City Manager shall be the Emergency Corps Commander. 27~~ In the absence or inability of the City Manager to act, he shall automatically 2$I be succeeded as Emergency Corps Commander by the following officials in the 29 ~~ order named: I 30 (a) Mayor; 31 (b) Mayor Pro Tem; 32 (c) Remaining City Council persons in order of their seniority unless (3) ~.: I said Councilshall otherwise determine; (d) City Engineer; ,. (e) 'Public Works Director. 2.20.130 During a declared emergency affecting the City, of Lake Elsinore, the Emergency Corps Commander shall, to the extent he deems ~, necessary, have complete authority over all agencies of the City Govern- ment and the right to exercise within the area designated all police powers vested in the City by the Constitution and laws of the State of California in order to effectuate the purpose of this ordinance. He may direct all ~ agencies of the City .Government to utilize and employ City personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the emergency._ Any agencies so directed by the Emergency Corps Commander may expend any of the monies which have been appropriated to it in performing such activities irrespective of the particular purpose for which the money was appropriated. Any expenditures made in connection with emergency: j activities, including mutual aid activities, shall be deemed conclusively to I~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 be for the .direct protection and benefit of the inhabitants and property of '- the City of Lake. Elsinore. The Council may reimburse any City agency for funds expended during emergency operations. However, reimbursements will be made to any City agency for expenditures incurred if the funds of that department are subject to Constitutional restrictions which would normally prohibit their use for such purposes. 2.20.140 In addition to the powers granted herein, the Emergency 17 18 19 20 21 22 23 24 Corps Commander shall have such powers. incidental to the performance of his duties as said Commander as may be necessary to allow him to carry out the Emergency Operations Plan of the City of .Lake Elsinore, it being the intent that the enumerated powers. herein are not intended to be limitations upon his powers. VI CITY COUNCIL 2.20.150 During the existence of a declared emergency affecting the City of Lake Elsinore, the Council shall be considered to be in continuous session. 25 26 27 28 29 30 31 32 (4) pr ~, ~, 1; t " .; , s _ t. i :..,, ,' 2.20.160 During a "declared .emergency", the Council may promulgate orders and regulations necessary to provide .for the protection of life and property including orders or regulations imposing'a curfew within designated boundaries where necessary to preserve the public and safety. Such orders and regulations shall be in .writing and shall be given widespread publicity and notice. VII..PRESERVATION-OF'LOCAL':GOVERNMENT l -2 3 4 R~ 5 6 7 8 2.20.170 During the existence of a war emergency, law and order must '9 -be preserved and insofar as possible government services continued or restored. ~~ This can best be done by Civil government. To provide for the continuance of 11 the legislative branch of the City, each Councilman shall have the authority 12 to nominate for approval by the full Council three individuals as his stand- 13 by.' Standy officers shall be designated 1, 2 and 3 as the case may be. T4 Their duties shall be to fill the post to which appointed in the order design- 15I ated during a war emergency when, for any reason, the regular Councilman 16 is unavailable. He shall serve until the regular Councilman becomes available. 17 Standby Councilmen, however, are not in the line of succession as Emergency 18 Corps Commander. 19 VI22. PRIVILEGES AND IMMUNITIES 20 2.20.180:. The City shall not be liable for any claim based upon the 27- exercise or performance or the failure to exercise or perform a descretionary 22 function or duty on the part of any employee of the City. 23 2.20.190 Volunteers duly registered with the City Disaster Council or 24 unregistered persons duly pressed into service during any declared emergency 25 affecting the City of Lake Elsinore, in carrying out, complying with or 26 I attempting to comply with any order or regulation issued pursuant to the 27 II provisions of this ordinance while performing any of their authorized 28I~ functions or duties shall have the same degree of responsibility for their 29 actions and enjoy the same immunities as officers and`empl6yees of the City 30 ~ of ;Lake :Elsinore. 31 32 (s) - ~ - _ ., ' ~ .. ~~.,. , r . '. 1 `3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 ', 28 29 301 31 32 I !~ o. ~1 ( ; n~ t SECTION 2: Penalties shall be misdemeanor: and shall be punished by a fine or not more than $500 or by imprisonment for not more than six months or both for any person during a disaster: (a) To willfully obstruct, hinder or delay. any member of .the City Lake Elsinore Emergency Corps in the enforcement of any lawful rule, `regulation or order issued pursuant to this ordinance or in the per- . -formance:ofciany'duty imposed upon them by virtue of this ordinance; (bl To-do any act forbidden by lawful rule, ..regulation or order .issued pursuant to this ordinance if such act is of such a nature as to give assistance to the enemy or to ,imperil life or property or to prevent, hinder or delay the defense or protection of persons or prop- erty; (c) To wear, carry or display without authority any means or ident- ification specified by the civil defense and/or disaster agencies of the Federal or State governments. SECTION 3: Ordinance No. 506 is repealed; provided,. however, any rules and regulations adopted pursuant. to said ordinance shall continue in full force and effect until changed, amended or superseded by an act of the City -- Council. SECTION 4: Adoption. This ordinance shallbe published in the manner .provided for by law and shall take effect 30 days after its adoption. ADOPTED this 27th day of Sune 1977 yor, City of Lake F. ore, California ATTEST: City Clerk, City of Lake Elsinore, California. (6) ~; .. .9:~r .. v ~_: ~ ..., W ,,...., _ ~.