HomeMy WebLinkAbout1989-07-11 - ORDINANCES - EMERGENCY ORGANIZATION (2)ORDINANCE NO. 89-6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE RELATING TO
. EMERGENCY ORGANIZATION AND FUNCTIONS
WHEREAS, the City of Santa Clarita, on Decmber 15, 1987, passed Ordinance
No. 87-2 adopting the Santa Clarita Municipal Code, and enacting Titles 1, 2 and
3 thereof relating to General Provisions, Administration and Personnel, and
Revenue and Finance;
WHEREAS, Chapter 2.20 of Title 2 of the Santa Clarita Municipal Code
relating to Disaster Relief established certain emergency organization and
functions; and
WHEREAS, the City Council of the City of Santa Clarita now desires to
amend the Municipal Code to reorganize the emergency functions.
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain
as follows:
Section 1. That the Santa Clarita Municipal Code is hereby amended to
repeal Chapter 2.20 relating to Disaster Relief and to add Chapter 2.40 relating
to Emergency Organization and Functions to read as follows:
CHAPTER 2.40
EMERGENCY ORGANIZATION AND FUNCTIONS
Section 2.40.010. Purposes of Chapter. 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 an emergency;
the direction of the emergency organization; the coordination of the emergency
functions of the City with all other public agencies, corporations,
organizations, and affected private persons, including the provisions provided
for any Joint Powers Agreement.
Section 2.40.020. Emergency Defined. As used in this Chapter, "emergency"
shall mean the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within the City caused by
such conditions as air pollution, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from war or
eminent threat of war, but other than conditions resulting from a labor
controversy, which conditions are or likely to be beyond the control of the
services, personnel, equipment, and facilities of the City, requiring the
combined forces of other political subdivisions to combat.
Section 2.40.030. Emergency Preparedness Advisory Committee
Committee Membership. The City of Santa Clarita Emergency Preparedness
Committee ("Emergency Preparedness Committee") is hereby created and shall
Ordinance 89-6
�,.. Page 2
consist of such representatives of public agencies, civic, business, labor,
veterans, professional, or other organizations having an official emergency
responsibility, as may be appointed by the City Council. The Emergency
Preparedness Committee Chair and Vice Chair shall be appointed by the City
Council and shall possess the powers and responsibilities as designated in this
Chapter.
Section 2.40.040 Emergency Preparedness Committee Duties. It shall be
the duty of the Santa Clarita Emergency Preparedness Committee to review and
recommend for adoption by the -City Council, emergency plans and agreements in_.
such ordinances,. resolutions, rules. and regulations asare. necessary to
implement such plans and agreements. The Emergency Preparedness Committee shall
meet as necessary but no less than quarterly to perform the functions.
Section 2.40.050. Director and Assistant. Director of Em I ergency Services.
(A) There is hereby created the Office of Director of Emergency Services
("Director"). The City Manager shall be the Director of Emergency
Services.
(B) There is hereby created the Office of Assistant Director of Emergency
Services ("Assistant Director") who shall be appointed by the
Director.
Section 2.40.060. Director of Emergency Services ("Director") - Powers
and Duties.
(A) The -Director is -hereby empowered:
(1) To request .the City- Council to proclaim the existence or
threatened existence of a "local emergency" if the City Council
t
is in session, or to issue such proclamation if he City Council
is not in session. Whenever a "local emergency" is proclaimed
by the Director, the City Council shall have taken action to
ratify the proclamation within seven (7) days thereafter or the
proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a "state of emergency" when, in
the opinion of the Director, the locally available resources are
inadequate to cope with the emergency.
(3) Control and direct the effort of the emergency organization of
the City for the accomplishment of the purposes of this Chapter.
(4) Use all City resources for the preservation of life and property
and to reduce -the effects of disaster.
Ordinance 89-6
Page 3
(5) Direct -cooperation between the coordination of_ services and
staff of the.,emergency organization of the City; and resolve
questions of authority and responsibility that may arise between
them.
(6) Exercise complete authority over the City and to exercise all
police power vested in the City by the Constitution and general
laws.
(7) ;Represent the City, and ,all, dealings with public, or private
agencies on matters>pertaining:to emergencies as defined: herein.
(8) 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 or Emergency
-_ Services, or- the existence of -a- rstate of -war 666rgency,"-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 emergency; provided, however, such
rules and regulations must be confirmed at the earliest
practicable time by the City Council. The Director is
granted but shall not be limited to the following powers;
(i) -CURFEW. "-The Director ma order- y generalcurfew
applicable to the entire City or such geographical
areas thereof as the Director deems necessary to
protect the public health, safety, welfare and
morals.
As used herein, "curfew" means a prohibition against
any person or persons walking, running, loitering,
standing, riding or motoring upon any alley, street,
highway, public property or private property except
as .authorized by the owner, lessee or person in
charge of such private property. Persons officially
delegated to duty with reference to such civil
emergency and representatives of news media,
physicians, nurses, ambulance operators performing
medical services, utility personnel maintaining
essential public services, firefighters and law
enforcement officers and other such personnel as
well as those specifically authorized to duty by
duly delegated authority are exempted from the
foregoing curfew requirements;
(ii) BUSINESS CLOSING. The Director may order the
closing of any business establishments anywhere
within the City, such businesses to include but not
be limited to those selling alcoholic beverages,
gasoline or firearms;
Ordinance 89-6
Page 4
(iii)
ALCOHOLIC BEVERAGES. The Director may order that
no person shall consume any alcoholic beverages in a
public street or private area on which the
consumption of such alcoholic beverages shall be
found by the City Manager, on just cause, to
precipitate a clear and present danger to the
well-being of the community during the emergency;
(iv)
WEAPONS. The Director may order that no persons
shall carry or possess any gun, bomb, fire bomb,
knife, rock or other such weapon or item, the use of
which would tend to inflict great bodily harm on
persons or damage to property;
(v)-
The Director may designate any public street,
thoroughfare or vehicular parking area closed to
motor vehicles and pedestrian traffic during the
course of such an emergency.
(vi)
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 commandeer the same for public use;
(vii) 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 in which this
City is located or the existence of a "state of war
emergency", to command the aide of as many citizens
of this community as deemed necessary in the
execution of the Director's duties; such persons
shall be entitled to all privileges, benefits, and
immunities as are provided by State law for
registered disaster service workers;
(viii) To request the Governor for all necessary
assistance, requisition necessary personnel -or
materials from any City department or other source,
control and direct all City personnel and equipment;
and
(ix) To execute all of the Director's ordinary power as
City Manager, all of the special powers conferred
upon the Director by this Chapter or by Resolution
or emergency plan pursuant hereto adopted by the
City Council, all powers conferred upon the Director
by any statute, by any agreement approved by the
City Council, and by any other lawful authority.
Ordinance 89-6
Page 5
(B) The Director shall designate the order of succession to that office;
to take effect in the event the Director is unavailable to attend
meetings and otherwise perform the Director's duties during .an
emergency. Such order of succession shall be approvedbythe City
Council
(C) The Assistant Director shall, under the supervision of ,the Director
and with the assistance of Department Heads, designated as emergency
service chiefs, develop emergency plans and manage. the emergency
programs of this -City and shall have such other powers and duties as
may be assigned by the Director.
(D) In addition to the powers granted herein, the Director shall have
such powers incidental to the performance of duties as said Director
as shall be necessary to allow the Director to carry out the disaster
operations plan of the City, it being the intent of this Chapter that
the enumerated powers herein are not intended to be limitations upon
the Director's powers.
(E) The foregoing specific authorizations of authority vested in the
Director and other such authorizations as deemed necessary during
such emergencies are declared to be imminently necessary for the
protection of life and property during such period.
Section 2.40.070. Emer envy Or anization. All officers and employees of
the City, together with those volunteer forces enrolled to aide 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 Section 2.40.080 (A)(9)(vii) of this Chapter, charged with duties incident to
the protection of life and property in the City during such emergency, shall
constitute the emergency organization of the City.
Section 2.40.080. Emergency Plan. The City Manager shall be responsible
for the development of the Emergency Plan and work with the Emergency
Preparedness Committee to review the City of Santa Clarita Emergency Plan
("Emergency Plan"), and such Emergency Plan shall provide for the effective
mobilization of all of the resources of the 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 orgaization, powers and duties,
services, and staff of the emergency organization. Such plan shall take effect
upon adoption by Resolution of the City Council and its provisions shall have
the force of law during a declared emergency.
Section 2.40.090. Expenditures. Any expenditures made in connection with
emergency 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.
Section 2.40.100. Violation of a Misdemeanor. It shall be a misdemeanor,
punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by
imprisonment for not to exceed six months, or both, for any person, during an
emergency, to:
Ordinance 89-6
Page 6
(A) 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 by a virtue of this Chapter.
(B) 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 the City, or to prevent, hinder, or delay
the defense or protection thereof.
(C) Wear, carry, or display, without authority, any means of
identification specified by the emergency agency of the state.
Section 2. Repeal andSupersedure of Other Ordinances Chapter 2.20 of
Section 1 of Ordinance 87-2 of the Santa Clarita Municipal Code is hereby
repealed regarding Emergency Preparedness and Organization are hereby superseded
by Section 1 of this Ordinance.
Section 3. Effective Date. This Ordinance shall become effective thirty
(30) days after its passage.
r.� Section 4. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not effect other provisions or applications, and to this in the
provisions of this Ordinance are declared to be severable.
Section 5. The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be published as required by law.
PASSED AND APPROVED this 11th day of July 19 89
r
Mayor np7
Ordinance 89-6
Page 7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES i ss.
CITY OF Santa Clarita )
I, _ George Caravalho City Clerk of the City of
Santa Clarita t so hereby certify that the foregoing Ordinance No.
89-6 was regularly introduced and placed upon -its first reading at a
regular meeting of the City Council on the 27th
June' 19 89 day of
That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 11th
July , 1989 day of
by the following vote, to wit:
AYES: COUNCILMEMBERS Darcy, Koontz, McKeon, Heidt
NOES: COUNCILMEMBERS None..
ABSENT: COUNCILMEMBERS Boyer
iW