Arvin Municipal Code Ch. 2.44 Civil Defense

Footnotes:

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* For statutory provisions on disasters and emergencies generally, see Gov. Code §8550 et seq. For statutory provisions on local emergency powers, see Gov. Code §53000 et seq.

The declared purposes of this chapter 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 a local emergency, and to provide for the coordination of the civil defense and local emergency functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and local 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.

(Ord. 133 §13(a), 1978; Ord. 24 §1, 1966).

As used in this chapter, the following words shall have the meaning ascribed to them in this section:

A. "Civil defense," means 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 local emergencies. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

B. "Local emergency," means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity or natural catastrophe.

(Ord. 133 §13(a), (b), 1978; Ord. 24, §2, 1966).

The Arvin civil defense and local emergency council is created and shall consist of the following:

A. The mayor, who shall be chairman;

B. The director of civil defense and local emergency 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 local emergency plans and organize the civil defense and local emergency 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 local emergency departments, services or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and local emergency responsibility as may be appointed by the mayor with the advice and consent of the city council.

(Ord. 133 §13(a), 1978; Ord. 24 §3, 1966).

It is the duty of the Arvin civil defense and local emergency council, and it is empowered, to review and recommend for adoption by the city council, civil defense and local 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 civil defense and local emergency 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.

(Ord. 133 §13(a), 1978; Ord. 24 §4, 0966).

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a local emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2.44.090 C, be charged with duties incident to the protection of life and property in this city during local emergency, shall constitute the civil defense and local emergency organization of the city.

(Ord. 133 §13(a), 1978; Ord. 24-§8, 1966).

The functions and duties of the civil defense and local emergency organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

The city council shall, concurrently with the adoption of the ordinance codified in this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the civil defense and local emergency agencies of the federal government and the state.

(Ord. 133 §13(a), 1978; Ord. 24 §9, 1966).

A. There is created the office of director of civil defense and local emergency. Such officer shall be appointed by the mayor with the advice and consent of the city council.

B. The director is empowered:

1. To request the city council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time, and subject also to the time limit specification set forth in Section 2.44.080;

2. To request the Governor to proclaim a state of local emergency or a state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the local emergency;

3. To control and direct the effort of the civil defense and local emergency organization of this city for the accomplishment of the purposes of this chapter;

4. To direct coordination and cooperation between divisions, services and staff of the civil defense and local emergency organization of this city, and to resolve questions of authority and responsibility that may arise between them;

5. To represent the civil defense and local emergency organization of this city in all dealing with public or private agencies pertaining to civil defense and disaster.

(Ord. 133 §13(a), 1978; Ord. 24 §6, 1966).

A local emergency may be proclaimed only by the city council or by the director of civil defense and disaster. When proclaimed by the director of civil defense and disaster, the local emergency shall not remain in effect for a period in excess of seven (7) days unless the proclamation of local emergency has been ratified by the city council. The city council shall review, at least every fourteen (l4)days until the local emergency. is terminated, the need for continuing the local emergency and the city council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

(Ord. 133 §13(c), 1978).

In the event of the proclamation of a local emergency as provided in this chapter, or the proclamation of a state of extreme. emergency by the Governor of the Director of the California Disaster Office, the director of civil defense and local emergency is empowered:

A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such local 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 of the people, and 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 local emergency 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 community as he thinks 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 civil defense and local emergency service volunteers;

D. To requisition necessary personnel or material of any city department or agency;

E. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.

(Ord. 133(a), 1978; Ord. 24 §7, 1966).

It shall be a misdemeanor punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six (6) months, or both, for any person during a local emergency:

A. Wilfully to obstruct, hinder or delay any member of the civil defense and local 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;

B. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, 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 the city, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the civil defense and local emergency agency of the state.

(Ord. 133 §13(a), 1978; Ord. 24 §10, 1966).