Lindsay Municipal Code § 2.44 Civil Defense And Disaster

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1. The term "civil defense," as used in this chapter, means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, and to prevent, minimize and repair injury and damage resulting from disaster. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
2. The term "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. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
3. The term "Tulare operational area," as used in this chapter, means the unincorporated area of the county and the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake.

(Prior code § 7-1)

The purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense 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. Any expenditures made in connection with the civil defense and disaster 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.

(Prior code § 7-2)

This chapter shall be subject to, and supplemental to, laws of the state relating to civil defense and disaster.

(Prior code § 7-3)

In the event of the occurrence of a state of extreme emergency or a state of disaster caused by an act of God, pestilence, flood, earthquake or any other causes whatsoever, the mayor of the city is authorized to declare a state of emergency or disaster without the necessity of convening the city council for action thereon.

(Ord. 321 § 1, 1973)

1. The civil defense and disaster council of the Tulare operational area, which may be referred to as the disaster council, is created and shall consist of the following:
2. One member of the board of supervisors of the county to be appointed by the board;
3. The mayors of the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake, or alternates appointed by the respective city councils;
4. The director of civil defense and disaster of the Tulare operational area, who shall be an ex officio member and who shall not be entitled to a vote at the meetings of the disaster council;
5. Two persons residing in the unincorporated area of Tulare County who shall be appointed by the other members of the disaster council.
6. The member of the board of supervisors selected to serve on the disaster council shall serve as chairman of the disaster council, and the members of the disaster council shall elect a vice chairman and such other officers as they deem necessary, and they shall prescribe their own rules of procedure. The disaster council shall meet upon call of the chairman; or, in his absence from the county or inability to call such a meeting, upon the call of the vice chairman.

(Prior code § 7-4)

It shall be the duty of the disaster council to review and recommend for adoption by the board of supervisors and the respective city councils, civil defense and disaster and mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as are necessary to implement the plans and agreements.

(Prior code § 7-5)

The chairman of the disaster council is empowered to perform the following acts:

1. To request the council of the city to proclaim the existence or threatened existence of a local disaster and the termination thereof, if the city council is in session, or to issue such a proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time.
2. To request that the mayor request the Governor to proclaim a state of extreme emergency or disaster when in the opinion of the chairman the resources of the area or region are inadequate to cope with the local disaster.

(Prior code § 7-6)

There is created the position of director of civil defense and disaster of the Tulare operational area, who may be referred to as the director. The director of civil defense and disaster of the county shall serve as the director, and his staff shall serve as the staff of the civil defense and disaster office of the Tulare operational area. The board of supervisors of the county shall consider the recommendations of the disaster council in the appointment or discharge of the director.

(Prior code § 7-7)

The director is empowered:

1. To control and direct the efforts of the civil defense and disaster organization of the Tulare operational area for the accomplishment of the purposes of this chapter;
2. To direct the coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of the Tulare operational area, and to resolve questions of authority and responsibility that may arise between them;
3. To represent the civil defense and disaster organization of the Tulare operational area in all dealings with public or private agencies pertaining to civil defense and disaster;
4. To prepare a civil defense plan and program for the Tulare operational area.

(Prior code § 7-8)

In the event of the proclamation of a local disaster as provided in Section 2.44.080, or the proclamation of a state of extreme emergency or disaster by the Governor, the director of the disaster office of the state, or the County, or the City Manager is empowered to perform the following acts:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the disaster; provided, however, that the rules and regulations must be confirmed at the earliest practicable time by the disaster council;
2. 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 to bind the city for the fair value thereof and, if required, to commandeer the same immediately for public use.
3. To require emergency services of any city officer or employee, and in the event of the proclamation of a state of extreme emergency or disaster by the Governor or County in the region in which the city is located, to commandeer the aid of as many citizens as they think necessary in the execution of their duties. Such persons shall be entitled to all privileges, benefits and immunities which are provided by state law for registered civil defense and disaster worker volunteers;
4. To requisition necessary personnel or material of any city department or agency;
5. To execute all of the special powers conferred upon them by this chapter or by resolution adopted pursuant to this chapter, all powers conferred upon them by any statute, by agreement approved by the city council, or by any other lawful authority;
6. To exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general law, if all members of the city council are unavailable.

(Ord. 596, 2022, Prior code § 7-9)

All officers and employees of the county and of the cities included in the Tulare operational area, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons, including persons commandeered under the provisions of subsection C of Section 2.44.100 who, by operation of law or agreement, may be charged with duties incident to the protection of life and property in the city during the disaster, shall constitute the civil defense and disaster organization of the Tulare operational area.

(Prior code § 7-10)

The function and duties of the civil defense and disaster organization of the Tulare operational area shall be distributed among such divisions, services and special staff as the disaster council shall prescribe by resolution, subject to the approval of the board of supervisors and the respective city councils. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the disaster office of the state.

(Prior code § 7-11)

It shall be a misdemeanor for any person to perform any of the following acts during a disaster:

1. Willfully 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;
2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if the 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;
3. To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the state.

(Prior code § 7-12)

Fallout shelters for the use of families shall comply with the following special provisions;

1. Fallout shelter shall be used for emergency only;
2. The structure shall be of incombustible materials (combustible material permitted for furniture);
3. Sanitary facilities connected to sewers shall not be permitted;
4. Minimum height of rooms shall be six feet six inches;
5. Ventilation providing five cubic feet per minute, per person, shall be provided by hand-operated or battery-powered blower;
6. No light source depleting the oxygen content of air in the shelter may be used;
7. Exit facilities shall include one exit directly to the outside, consisting of a swinging door having minimum width of twenty-four inches and minimum height of six feet six inches;
8. Corridors and stairs shall have a minimum width of twenty-four inches and minimum height of six feet six inches;
9. The materials of construction to provide fall-out radiation protection shall consist of the equivalent of three feet of earth (three hundred pounds per square foot);
10. No emergency disaster shelter shall be constructed in the front yard area of any lot and any such emergency disaster shelter constructed on comer lots shall be at least sixteen feet from the property line and no such emergency disaster shelter shall be constructed so as to endanger adjoining owner's lateral support.

(Prior code § 7-13)