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 ['