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HomeMy WebLinkAboutOrd. No. 1991-920ORDINANCE N0. 920 AN ORDINANCE OF THE CITY OF LAKE EL5INORE, CALIFORNIA, PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF LAKE ELSINORE. WHEREAS, The City Council of the City of Lake Elsinore, County of Riverside, State of California, does ordain and; WHEREAS, Ordinance No. 569 is hereby repealed and Chapter 2.20 of Title 2 is amended to read as follows: ARTICLE I. GENERAL PURPOSES Section 1. Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. ARTICLE II. DEFINITIONS Section 2.1. Definition. as used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril 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 beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. ARTICLE III. DISASTER COUNCIL Section 3.1. Disaster Council Membership. the Lake Elsinore Disaster Council is hereby created and shall consist of the following: A. The City Manager, who shall be Chairman. B. The Assistant City Manager, who shall be Vice Chairman. C. Public Services Director Page two Ordinance No. 920 D. Chief Building Official E. Fire Department Representative F. Police Department Representative ARTICLE IV. DISASTER COUNCIL POWERS AND DUTIES Section 4.1. Disaster Council Powers and Duties. It shall be the duty of the Lake Elsinore 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. ARTICLE V. DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY .SERVICES Section 5.1. Director and Assistant Director of Emergency Services. A. There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of emergency services. B. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. ARTICLE V2. POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES Section 6.1. Powers and Duties of the Director and Assistant Director of Emergency Services. A. The Director is hereby by empowered to: (1) 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 7 days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a "State of Emergency" when, in the opinion of the Director, the locally Page three Ordinance No. 920 available resources are inadequate to cope with the emergency. (3) .Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this ordinance. (4) Direct operation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them. (5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a "Local Emergency" 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: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must 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 life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use. (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a "State of War 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; (d) To requisition necessary personnel or Page four Ordinance No. 920 material of any city department or agency; and (e) To execute all of his ordinary power as City Manager all of the powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statue, by any agreement approved by the City Council, and by any other lawful authority. B. In the event the director of emergency services is unable to perform the duties designated the order of succession to that office shall be: 1. Assistant Director/Assistant City Manager 2. Public Services Director 3. Chief Building Official C. The Assistant Director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. ARTICLE VII. EMERGENCY ORGANIZATION Section 7.1. Emeraencv Oraanization. All officers and employees of the City of Lake Elsinore together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may be in agreement or operation of law, including persons impressed into service under the provisions of SEC. 6.A.(6)(c) of this ordinance, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the City of Lake Elsinore. ARTICLE VIII. EMERGENCY PLAN Section 8.1. Emeraencv Plan. The Lake Elsinore Disaster Council shall be responsible for the development of the City of Lake Elsinore Emergency Plan which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State Paqe five Ordinance No. 920 of War Emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. ARTICLE IX. EXPENDITURES - Section 9.1. Expenditures. any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection of the City of Lake Elsinore. ARTICLE X. PUNISHMENT OF VIOLATIONS Section 10.1. Punishment of Violation. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.), or by imprisonment for not to excess six months, or both, for any person, during an emergency, to: A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement 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 ordinance. B. Do any act forbidden by any lawful rule or regulation 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, to 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. ARTICLE XI. EFFECTIVE DATE Section 11.1. Effective Date. This ordinance shall become effective thirty (30) days from and after its passage. ARTICLE XII. SEVERABILITY Section 12.1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this and the Page six 420 Ordinance No. provisions of this ordinance are declared to be severable. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. day of A AYES: NOES: ABSENT: ABSTAIN: INTRODUCED AND PASSED UPON FIRST READING this 13th ugust, 1991, upon the following roll call vote: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, hJINKLER, WASHBURN COUNCILMEMBERS: fiONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of August, .1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: BUCK, DOMINr,UEZ, STARKEY, WINKLER, WASHBUP.N NONE NONE NONE APPROVED AS TO FORM AND LEGALITY: 0 R. HA PE., ITY ATTORNEY ;, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad; City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August~l3, 1991, and had its second reading on August 27, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE `1 CiY, ri CITY OF E ELSINORE (SEAL) STATE OF CALIFORNIA. ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 920 of said Council, and that the same has not been amended or repealed. August 28, 1991 CITY OF T~e.INE+ ELSINORE (SEAL)