Bell Municipal Code Ch. 2.72 Civil Defense

The purpose of the civil defense and disaster commission is to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of the city with all other public agencies and affected private persons, corporations and organizations.

(Prior code § 2420)

As used in this chapter, the term "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 damages resulting from disasters. "Disaster" as used in this chapter, means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(Prior code § 2421)

A. Membership. The civil defense and disaster commission is created. It shall consist of the following: the mayor, who shall be chair; the chief administrative officer, who shall act as the director of civil defense and disaster, and vice-chair; the police and fire chiefs, and five other qualified persons.

B. Powers and Duties. It shall be the duty of the civil defense and disaster commission, and it is empowered, to review and recommend for adoption by the city council, civil defense and disaster plans, as are necessary to implement such plans and agreements. The commission shall meet upon call of the chair or, in his or her absence, upon the call of the vice-chair.

(Prior code § 2422)

The director of civil defense and disaster is empowered:

A. To request the city council to proclaim the existence or threatened existence of a disaster or an 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;

B. To request, upon authorization of the city council if time permits the obtaining of such authorization, the Governor to proclaim a state of disaster 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 disaster;

C. To control and direct the effort of the civil defense and disaster organization of the city;

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

E. To represent the civil defense and disaster organization of the city in all dealings with public or private agencies pertaining to civil defense and disaster.

(Prior code § 2423)

In the event of the proclamation of a disaster or emergency as provided in this chapter, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the Director of the California Disaster Office, the director 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 disaster; 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 the life and property of the people and bind the city for the payment of 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 to command the aid of as many private persons as he or she deems necessary in the execution of his or her duties; 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 exercise all powers conferred by any lawful authority, including, but not limited to, those set forth in Section 38791 et seq., of the Government Code;

E. To impose a curfew which prohibits all persons from being present on or at any public street, avenue, highway, road, curb area, sidewalk, alley, park, playground or other public ground, public place or public building between the hours of sundown and sunrise, or such other hours which the director determines are reasonably related to the protection of life and property as affected by such emergency. Such curfew shall not apply to persons whose presence on or at any public street, avenue, highway, road, curb area, sidewalk, alley, park, playground or other public ground, public place or public building is required pursuant to their responsibilities under the city's civil defense and disaster commission and city's emergency plan; nor shall such curfew apply to any peace officer or fire-fighter. The director's imposition of a curfew shall be confirmed at the earliest practical time by the city council.

(Prior code § 2424)

A. Membership. All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2.72.050 of this chapter, be charged with duties incident to the protection of life and property in the city during such disaster, shall constitute the civil defense and disaster organization of the city.

B. Organization, Duties and Functions. The organization, duties and functions of the city civil defense and disaster organization, its relationship with the American National Red Cross, and the order of emergency succession to the position of director of civil defense and disaster shall be as set forth in the current civil defense and disaster emergency operations plan of the city. 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.

(Prior code § 2425)

No person shall:

A. Wilfully obstruct, hinder or delay any member of the civil defense and disaster 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 or her by virtue of this chapter;

B. 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. Wear, carry or display without authority, any means of identification specified by the civil defense and disaster agency of the state;

D. Violate a curfew imposed pursuant to the provisions of this chapter.

(Prior code § 2426)