Dorris Municipal Code Ch. 2.44 Civil Defense

Purposes. Definitions. Civil defense and disaster council-Membership. Civil defense and disaster council-Powers and duties. Director of civil defense and disaster-Powers and duties. Director of civil defense and disaster-Additional powers. Civil defense and disaster organization. Divisions, services and staff of the civil defense and disaster organization. Violation-Penalty.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city in the event of a disaster, and to provide for the coordination of the civil defense and disaster 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 disas- ter activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabi- 25 tants and property by the city of Dorris. (Ord. 137A § 1, 1957)

Civil Defense. As used in this chapter, the term "civil defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and dam- age resulting from disasters. It shall not in- clude, nor does any provision of this chapter apply to any condition relating to a labor con- troversy. Disasters. As used in this chapter, the term "disaster'' means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. (Ord. 137A § 2, 1957)

council-Membership. The Dorris civil defense and disaster coun- cil is created and shall consist of the follow- ing: A. The mayor, who shall be chairman; B. The director of civil defense and disas- ter, who shall be vice-chairman; C. The assistant director, appointed by the chairman with the advice and consent of the city council who, under the supervision of the director, shall develop civil defense and dis- aster plans and organize the civil defense and disaster program of this city, and shall have such other duties as may be assigned by the director. D. Such deputy director and chiefs of operating civil defense and disaster depart-

ments, services or divisions as are provided for by resolution pursuant to this chapter. E. Such representatives of civic, business, labor, veterans, professional or other organi- zations having an official group or organiza- tion civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council. (Ord. 137A § 3, 1957)

council-Powers and duties. It shall be the duty of the city civil defense and disaster council and it is empowered, to review and recommend for adoption by the city council, civil defense 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 disaster council shall meet upon call of the chairman or in his or her absence from the city or in- ability to call such meeting, upon the call of the vice-chairman. (Ord. 137A § 4, 1957)

disaster-Powers and duties. There is created the office of director of civil defense and disaster. Such officer shall be appointed by the mayor with the advice and consent of the city council. The director is empowered: A. To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in ses- sion, subject to confirmation by the city council at the earliest practicable time; 26 B. To recommend to the mayor that he or she request the Governor to proclaim 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 this city for the accomplishment of the purposes of this chapter; D. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this city, and to resolve questions of authority and responsibility that may arise between them; E. To represent the civil defense and dis- aster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. (Ord. 137A § 5, 1957)

disaster-Additional powers. In the event of the proclamation of a disas- ter as provided in this chapter, or the procla- mation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the director is empowered: A. To make and issue rules and regula- tions on matters reasonably related to the protection of life and property as affected by such disasters; provided, however, such tules and regulations must be confirmed at the ear- liest 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 prop- erty of the people, and bind the city for the fair value thereof, and if required immedi- ately, 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 extreme emer- gency 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 or she thinks 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 de- fense and disaster worker volunteers; D. To requisition necessary personnel or material of any city department or agency; E. To execute all of his or her ordinary powers as director of civil defense, all of the special powers conferred upon him or her by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him or her 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 au- thority over the city and to exercise all police power vested in the city by the Constitution and general laws. (Ord. 137A § 6, 1957)

organization. All officers and employees of this 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 per- sons pressed into service under the provisions of Section 2.44.060(C) of this chapter, be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the civil defense and disaster organization of the city. (Ord. 137A § 7, 1957) 27

of the civil defense and disaster organization. A. The functions and duties of the city civil defense and disaster organization shall be distributed among such divisions, services and special staff as the city council shall pre- scribe by resolution. B. The city council shall concurrently with the adoption of this chapter, adopt a resolution setting forth the form or organiza- tion, establishment and designation of divi- sions and services, the assignment of func- tions, duties and powers, the designation of divisions and services, the assignment of fun- ctions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and ter- minology shall conform to the recommenda- tions of the federal government and the Civil Defense Agency of the state of California. (Ord. 137A § 8, 1957) 2.44.09() Violation-Penalty. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to ex- ceed six months, or both, for any person dur- ing a disaster: A. Wilfully to 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 by virtue of this chapter; B. To do any act forbidden by 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

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inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; C. To wear, carry or display, without au- thority, any means of identification specified by the civil defense and disaster agency of the state. (Ord. 137 A § 9, I 957) 28