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HomeMy WebLinkAboutORD NO 778 AN ORDINANCE OF THE CITY OF B.&KERSFIELD CREATING A DIS~&STER COUNCIL ~ PRESCRIBING ITS NF~gBERSHIP, POWERS A.~D DUTIES~ PROVID- ING PENALTIES FOR THE VIOLATION THEREOFy REPEALING E~ERGENCY ORDIN~ANCE NO. 631,NEW SERIES. WHEREAS, experience during the war and peace has demonstrated the need for adequate disaster plans and for mobilization of the resources of the community to cope with such disasters; and, WHEREAS, the State of California has created a State Disaster Council to prepare a state disaster plan and to recommend mutual aid regions; andy WHEREAS, municipalities have legal authority (Constitution, .Article XI, Section lly and Nilitary and Veterans Code Section 1571y as amended by Statutes of 1945, Chapter 1024) to create disaster councils for the purpose of formulating local disaster plans, includ- ing mutual aid agreements; NOWy THEREFOREy BE IT ORDAIN~ BY THE COUNCIL OF THE CITY OF BAKERSFIELDy as follows: SECTION 1. DIS.ASTER. As used in this ordinance, the term "disaster" shall include, but is not limited toy any extraordinary fire, flood, riot, storm, epidemic or earthquake, or any enemy attack or sabotage, which causes or threatens to cause loss of life or property and in which occurrences the responsibility devolves upon the regular con- stituted authorities for the maintenance of public peace and order and the preservation of life and property. It shall not include any conditions resulting from a labor controversy. ....... SECTION 2. ~ - DISASTER COUNCIL...MEMBERSHIP. The Bakersfield Disaster Council is hereby created and shall consist of the following: a. The Nayor~ who Shall be chairman. b. The Commander, who shall be vice-chairman. c. The Vice-commander~ appointed by the Nayor with the advice and consent of the City Council~ who~ in the absence of~ or at the direction of, the Commander, shall act on his behalf on matters within the purview of this ordinance. d. The Chiefs of Divisions as hereinafter provided. e. Such other representatives of Civic, business, labor, veterans, professional or other organizations as may be appointed by the mayor with the advice and consent of the City Council. SECTION 3. DIS.&STER COUNCIL...P0~RS .~NDDUTIES. It shall be the duty of the Bakersfield Disaster Council~ and it is hereby empowered: a. To develop a plan for meeting any disaster. Such plan shall provide for the effective mobilization of all the resources of the community~ both public and private. b. To prepare and recommend for consideration by the City Council ordinances necessary to implement the disaster plan. c. -To consider and recommend to the City Council for approval mutual aid plans and agreements. The Disaster Council shall meet upon call of the chairman. SECTION 4. C0~&NDER...P0~ERS ~ANDDUTIES. There is hereby created the office of Commander. Such officer shall be appointed by the mayor with the advice and consent of the City Council. The Commander is hereby empowered: a. To proclaim the existence or threatened existence of a disaster and the termination thereof. bo ~o request the Governor to proclaim a state of extreme emergency in the area in and 'around the City of Bakersfield when in the opinion of the Commander the resources of the community are inade- quate to cope with the disaster. c. To govern and direct the effort of the Bakersfield Disaster Corps in the accomplishment of the purposes of this ordinance. d. To direct coordination and cooperation between the chiefs of divisions and resolve questions of authority and responsibility that may arise between them. e. To represent the Disaster Corps in all dealings with public or private agencies pertaining to disaster preparedness. It shall also be the duty of the Commander~ and he is hereby empowered~ during a disaster or when a disaster is imminent: 1. To make and issue rules and regulations on matters reason- ably related to the protection of life and property as affected by such disaster. -2. To obtain vital supplies~ equipment and such other prop- erties found lacking and needed for the protection of the 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. 3. To require emergency services of any City officer or employee. 4. To requisition necessary personnel or material of any city department or agency. 5. To execute all of his ordinary powers as City Nanager~ all of the special powers conferred upon him by this ordinance~ and all powers conferred upon him by any other lawful authority. SECTION ~. ~CUTIVE OFFICER. There is hereby created the position of Executive Officer of the Disaster Corps. The Executive Officer shall be appointed by the Nayor w~h the advice and cons.ent of the City Council. The Executive Officer shall be the executive secretary of the Disaster Council and shall be Chief of the Division of Personnel and Recruitment. SECTION 6o DIS.&STER CORPS...GENER~L. Officers and employees of the City of Bakersfield, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and per- sons who may by agreement or operation of law be charged with duties incident to the protection of life and property in the City of Bakers- field during such disaster, shall constitute the Bakersfield Disaster Corps. SECTION 7. DIVISIONS OF DIS~&STER CORPS. The functions and duties of the Bakersfield Disaster Corps shall be distributed among the following divisions of such corps, each division to be under the direction of a Chief and, in his absence, the first deputy and second deputy chief, respectively, appointed by the Chief, and said division to consist of the following forces, organizations and services, and such other forces, organizations or services as may be included pursuant to the provisions of this ordinance. The chiefs of divisions shall organize and train voluntesrs assigned to such division by the Personnel and Recruitment Division and shall formulate the division plan which, when approved by the Disaster Council, shall become an annex to the disaster plan. The Chiefs of Divisions shall include in the division plans recommended · mutual aid agreements, The Chiefs of Divisions shall be custodians of special equipment and other property which may be obtained from any source and assigned to such division by the Commander. a. LAW AND ORDER DIVISION. This division shall be under and subject to the control of the chief of police, who shall be chief of the Law and Order Division. The division shall consist of police personnel and auxiliary police (volunteers). b. FIRE DIVISION.-~ This division ~hall be ~nder and subjec~ to the control of the chief of the fire department, who shall be Chief of the Fire Division. The division shall consist of fire department personnel and auxiliary fire fighters (volunteers). c. NEDIC~L DIVISION. This division shall be under and sub- Ject to the control of the Health Officer of the County of Kern~ who shall be Chief of the Medical Division. The division shall consist of health department personnel and medical service volunteers. d. PUBLIC WORKS DIVISION. This division shall be under and subject to the control of the City Engineer who shall be Chief of the Public Works Division. The division shall consist of the department of public works personnel and auxiliary personnel (volunteers). e. UTILITIES DIVISION. The chief of this division shall be a citizen, experienced and engaged in such industry~ appointed by the mayor with the advice and consent of the City Council. The divi- sion shall consist of auxiliary personnel (volunteers). f. TRANSPORT.&TION DIVISION. The chief of this division shall be a citizen~ experienced and engaged in such industry, appointed by the mayor with the advice and consent of the City Council.~ The divis- ion shall consist of auxiliary personnel (volunteers). g. CO~UNICATIONS DIVISION. The chief of this division shall be a citizen, experienced and engaged in such industry, appointed by the mayor with the advice and consent of the City Counci. The division shall consist of auxiliary personnel (volunteers) and city personnel engaged, in communications work. h. PERSONNEL .AND RECRUITMEk~ DIVISION. This division shall be under and subject to the control of the Executive Officer. It shall be the duty of this division to recruit all volunteer personnel, to enroll and register such personnel; to keep adequate records thereof, and to assign~ such personnel to other divisions of the Disaster Corps. The Executive Officer may establish and operate a volunteer office. i_ ..... Ai~?~IC.AN RED C~0~_S~.~ .... The _~&~erican Red C~rQ~ss in the City of Bakersfield will furnish food, .clothing~ shelter, registration and information service, Supplementary medical service when requested, and rehabilitation to individuals and families affected by a disaster. The American Red Cross will provide funds with which to finance all its relief oPerations. The chief of this division will be the chair- man of the City of Bakersfield Chapter of the ~&merican Red Cross, or a delegated representative thereof. SECTION 8. VOLUNTEERS. All persons, other than officers and employees of the City, volunteering services pursuant to the provisions of this ordinance, shall serve without compensation from the City. ~hile engaged in such services, they shall have the same immunities as officers and employees of the City performing similar duties. SECTION 9. FJNISH~.~NT OF VIOLATIONS. It shall be a misd~emeanor, punish- able by a fine of not to exceed ~00.00, or by imprisonment for not to exceed six months, or both, for any person during a disaster: a. To wilfully obstruct, hinder or delay any member of the Disaster Corps in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. b. To do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, 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 other inhabitants of this 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 Disaster Council. SECTION 10. REPEAL. Em~ergency ~r~d~inance No. 631 New Series _0~__~the_C~ty_ of Bakersfield, is hereby repealed. 000 ........ I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the ~City of Bakersfield at a regu- lar meeting thereof held on the 17th day of May, 1948~ bY the following ~ vote: -,, AYES: CARNAKIS, CROSS, KUEHN, RYDER, $~EMON, VANDERLEI, VERCAMMEN City Clerk and Ex-~ficio Clerk of the Council of the City of Bakersfield. ~P~RO~ED t~is 17th day of May, 1948. AYOR o~the-Ct-t~ of Bakersfield. " of ost ng r nan es · STATE OF CALIFORNIA~ County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appotnted,_actlng and qualified Clerk of the City of Bakersfield; and that on i~a~.. / ~' ,19 4~ he posted on the Bulletin Board at the · City Hall, a full, true and correct copy of an ordinance passed by the Council 'of said City at a meeting thereof duly held on ............. ..~..a.~._..1..Z ............................ , 19~...~.. .... which ordinance · was numbered....~..~....~... ...... New Series, and entitled: "AN ORDINAI~E OF THE CITY OF B&EEI~SFI~'.D CREATING A ':