Loading...
HomeMy WebLinkAboutORD NO 2121 ORDINANCE NO. ~ NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 1.80 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 1.80, RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS. BE liT ORDAINED by the Council o~f the City of Bakersfield as follows: SECTION 1. That the Bakersfield Municipal Code is~hereby amended by repealing Chapter 1.80 of Title 1, and substituting in lieu thereof a new Chapter 1.80, to read as follows: Chapter 1.80 EMERGENCY SERVICES Sections: 1.80.010 Purposes of Chapter--Expenditures. 1.80.020 Definition of "Emergency." 1.80.030 Disaster Council Created--Membership. 1.80.040 Disaster Council--Powers and Duties. 1.80.050 Director and Assistant Director of Emergency Services-- Powers and Duties. 1.80.060 Powers of Director During Any Emergency. 1.80.070 Emergency Organization. 1.80.080 Emergency Plan. 1.80.090 Unlawful Acts--Penalty. 1.80.100 Severability. 1.80.110 Repeal and Saving Clause. 1.80.010 Purposes of Chapter--Expenditures. 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 this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons. Any expenditures made in connection with such emergency services shall be conclusively deemed to be for the direct benefit and protection of the inhabitants of the City of Bakersfield. 1.80.020 Definition 'of ~,Emerisen.cy'.,, As used in this chapter, "emergency" shall mean the actual or threatened existence Of con- ditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the com- bined forces of other political subdivisions to combat. 1.80.030 Disaster Council Created--Membership. The Bakersfield Disaster Council is hereby created and shall consist of the following: (1) The Mayor, who shall be chairman. (2) The Director of Emergency Services, who shall be vice- chairman. (3) The Assistant Director, who shall be vice-chairman during the absence or disability of the Director. (4) Suc'h chiefs and deputy directors of emergency services as are provided for by resolution pursuant to this chapter. (5) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official group or organization emergency services responsibility as may be appointed by the Mayor with the advice and consent of the City Council. 1.80.040 Disaster Council--Powers and Duties. It shall be the duty of the Bakersfield Disaster Council, and it is hereby empowered, to review, develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances a~d ~esolutions and ~ules and regulations as a~e necessary'to imple- ment such plans and 'agreements. The Disaster Council shall meet upon call of the chairman or, in his absence from the City or inability to call such meeting, upon call of the vice-chairman. 1.80.050 Director and Assistant Director 'of Emergency Services-- Powers and Duties. There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is also hereby created the office of Assistant Director of Emergency Services. The Director of Public Works shall be the Assistant Director of Emergency Services and the Chief of Police and Fire Chief shall serve as Deputy Directors of Emergency Services. The Assistant Director shall perform the duties and responsibilities of the Director during the absence or disability of the Director and shall perform such other duties and responsibilities as may be ordered by the Director. The Director is hereby empowered: (1) To request the City Council to proclaim the existence or threatened existence of a local 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 ratification by the City Council at the earliest practicable time. (2) To ask and/or advise the Mayor to request the Governor to proclaim a J'state of emergency" when in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) To control and direct the effort of the emergency organi- zation of this City for the accomplishment of the purposes of this chapter. (4) To direct cooperation between and coordination of services and staff of the emergency organization of this City, and to resolve questions of authority and responsibility that ~may arise between them.~ (5) To represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. 3. 1.80.060 Powers of Director During An.y. Emergency. In the event of the proclamation of a local emergency as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered: (1) To make and issue rules and regulations on matters reason- ably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. (2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to co~Landeer the same 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 emergency" in the County of Kern or the existence of a "state of war emergency," to command the aid of as many citizens of this conm~unity as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers. (4) To requisition necessary personnel or material of any city department or agency. (5) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by reso- lution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. 1.80.070 Emergency Organization. All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Sections 1.80.050 and 1.80.060 of this chapter, be charged with duties incident to the protection of life and property in this City during such emergency, shall con- stitute the emergency organization of the City of Bakersfield. 1.80.080 Emergency Plan. The Bakersfield Disaster Council shall be responsible for the development of the City of Bakersfield Emer- gency Plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such emergency plan shall take effect upon adoption by resolution of the City Council. 1.80.090 Unlawful Acts-- Penalty. It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500), or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: (1) Willfully obstruct, hinder, or delay any member of the emergency 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) Do any act forbidden by any lawful rule or regulation 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 this City, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. 1.80.100 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. 1.80.110 Repeal and Saving Clause. Chapter 1.80 of Title 1 of the Bakersfield Municipal Code (based upon Ordinance Number 1734) is hereby repealed; provided that it is the intent of the City Council in enacting and substituting in lieu thereof a new Chapter 1.80, that it shall be considered a revision and continuation of the chapter repealed, and the status of volunteers or disaster service workers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed chapter be affected by such repeal until amended, modified, or superseded as provided in this chapter. SECTION 2. This ordinance shall become effective thirty (30) days from and after its passage. -o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the '27th day of "AugUst , 1973, by the following vote: AYES: COUNCItMEN BLEECKER, HEISEY, MEDDERS, I~'~-,, STRONG, THOMAS, WHITTEMORE CITY CBERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 2__7~h~y of August , 1973 ~rsfield APPROVED: ' CITY ATTOR~ Affi av ! of ost ng STATE OF CALIFORNIA, ~ ss. County of Kern ~ MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ........... ~.~g.~..~....2..~ ..................................................... 19..7._3... she 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...u..g_.u..s...t.....2...7. ................................... 19...7...3.., which ordinance was numbered ........... .2...1..2...1. .................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 1.80 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 1.80, RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS. · City Clerk Subscribed and sworn to before me this of .............. .................. , Notary Public in and for ~he County of Kern, State of California MY COMMISSION EXPIRES NOVEMBER 26, 1976 ['