Los Banos Municipal Code Ch. 2 Civil Defense

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 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 such 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.

(§ 1, Ord. 403)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Civil defense"

shall mean the preparation for the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injuries and damages resulting from disasters. "Civil defense" shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

"Disaster"

shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or other similar public calamity.

(§ 2, Ord. 403)

The Los Banos Civil Defense and Disaster Council is hereby created and shall consist of the following:

(a) The Mayor, who shall be chairman;

(b) The Director of Civil Defense and Disaster, 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 disaster plans and organize the civil defense and disaster program of the City and have such other duties as may be assigned by the Director;

(d) Such deputy directors and chiefs of civil defense and disaster departments, services, or divisions as are provided for by resolution pursuant to the provisions of this chapter; and

(e) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the Mayor with the advice of the City Council.

(§ 3, Ord. 403)

It shall be the duty of the Los Banos Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council civil defense and disaster and mutual aid plans and agreements and such ordinances, resolutions, 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 inability to call such meeting, upon the call of the vice-chairman.

(§ 4, Ord. 403)

There is hereby 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 hereby 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 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 efforts of the Civil Defense and Disaster Organization of the City for the accomplishment of the purposes of this chapter;

(d) To direct coordination and cooperation between the divisions, services, and staff of the Civil Defense and Disaster Organization of the City and to resolve questions of authority and responsibility which 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.

(§ 5, Ord. 403)

In the event of the proclamation of a disaster or emergency or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the State Director of Civil Defense, 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 disaster; provided, however, such rules and regulations shall 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 to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;

(c) To require the emergency services of any City officer or employee and, in the event of the proclamation of a state of disaster or a state of extreme emergency by the Governor in the region in which the City is located, to command the aid of as many citizens of the community as the Director thinks necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State law for registered civil defense and disaster service volunteers;

(d) To requisition the necessary personnel or materials of any City department or agency; and

(e) To execute all of the special powers conferred upon him or her by the provisions of this chapter or by resolution adopted pursuant to the provisions of this chapter, 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 the provisions of Section 38791 of the Government Code of the State, to exercise complete authority over the City and to exercise all police powers vested in the City by the Constitution and general laws of the State.

(§ 6, Ord. 403)

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 pursuant to the provisions of subsection (c) of Section 4-2.06 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.

(§ 7, Ord. 403)

The functions and duties of the Civil Defense and Disaster 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 this chapter, adopt a resolution setting forth the form of organization, the establishment and designation of divisions and services, the assignment of functions, duties, and powers, and 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 disaster agencies of the Federal government and the State.

(§ 8, Ord. 403)

It shall be a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of this Code, for any person during 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 the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of the provisions of this chapter;

(b) To do any act forbidden by any lawful rules or regulations issued pursuant to the provisions of 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 the inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; and

(c) To wear, carry, or display, without authority, any means of identification specified by the Civil Defense and Disaster Agency of the State.

(§ 9, Ord. 403)