HomeMy WebLinkAboutORD 02 (1991)ORDINANCE NO. 2 (1991)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING CHAPTER 2.68 OF THE
LOS ANGELES COUNTY CODES AS HERETOFORE ADOPTED
AND ESTABLISHING NEW PROVISIONS PERTAINING TO
EMERGENCY PREPAREDNESS
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. Chapter 2.68 of the Los Angeles County Code
is hereby repealed in its entirety.
Section 2,_,_ Purpose. The declared purpose of this
ordinance is to provide for the preparation and carrying out
of plans for the protection of persons and property within its 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.
Section 3. Emergency Defined. As used in this
ordinance, "emergency" means the actual or threatened existence of
conditions 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 wars or
imminent 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
this city, requiring the combined forces of other political
-- subdivisions to combat.
section A-, Disaster Council Created: Membership. A
Disaster Council is hereby created and the following persons shall
be members thereof:
A. The Mayor, who shall be Chairperson;
B. The City Manager, Director of Emergency Services, who
shall be Vice Chairperson;
C. The Assistant City Manager, Assistant Director of
Emergency Services;
D. Such chiefs of emergency services as are provided for in
a current emergency plan of this city, adopted pursuant
to this ordinance;
E. Such representatives of civic, business, labor, veterans,
professional, or other organizations having an official
emergency responsibility, as may be appointed by the
director with the advice and consent of the city council.
Section 5. Disaster Council Powers and Duties. It
shall be the duty of the Diamond Bar Disaster Council, and it is
empowered, to develop and recommend for adoption by the City
Council, emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are
necessary to implement such plans and agreements. The Disaster
Council shall meet upon call of the chairperson or as may otherwise
be provided in the Emergency Preparedness Plan.
Section §s Creation of Offices.
A. There is created the office of director of
emergency services. The City Manager shall be the Director of
Emergency Services.
B. There is created the office of Assistant Director
of Emergency Services, who shall be appointed by the City Manager.
The Director is empowered to:
A. Request the City Council to proclaim the existence
or threatened existence of a local "emergency" if the City Council
is in session, or to issue such proclamation if the City Council is
not in session. Whenever a local emergency is proclaimed by the
Director, the City Council shall take action to ratify the
proclamation within seven (7) days thereafter or the proclamation
shall have no further force of effect;
B. 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;
C. Control and direct the effort of the emergency
organization of this City for the accomplishment of the purposes of
this ordinance;
D. Direct cooperation between and coordination of
services and staff of the emergency organization of this City, and
resolve questions of authority and responsibility that may arise
between them;
E. Represent this city in all dealings with public or
private agencies on matters pertaining to emergencies as defined
herein;
F. 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 empowered:
(i) 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,
(ii) To obtain vital supplies, equipment, and such
other properties found lacking and needed for the protection of
life and property and to blind this City for the fair value thereof
and, if required immediately, to commandeer the same for public
use,
(iii) 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 aid of
as many citizens of this community 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,
(iv) To requisition necessary personnel or material
of any city department or agency, and
(v) To execute all of his ordinary power as City
Manager, all of the special powers conferred upon him by this
ordinance or by resolution or emergency plan pursuant hereto
adopted by the City Council, all powers conferred upon him by any
statue, by any agreement approved by the City Council, and by any
other lawful authority.
(vi) The Director of Emergency Services 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 his duties during an emergency. Such order of
succession shall be approved by the City Council.
(vii) The Assistant Director shall, under the
supervision of the Director and with the assistance of 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.
Section 8. Emergency Organisation, 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 being charged with
duties incident to the protection of life and property in this city
during such emergency, shall constitute the emergency organization
of the city.
Section 2-, 8mergon2y Plan, The Diamond Bar Disaster
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Council shall be responsible for the development of the City of
Diamond Bar Emergency Plan, which plan shall provide for the
effective mobilization of all 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 plan shall take effect
upon adoption by resolution of the City Council.
Inhabitants and Property. Any expenditures made in connection with
emergency activities, including mutual aid activities, shall be
deemed conclusively tot be for the direct protection and benefit of
the inhabitants and property of the city.
Section 11. Acts Deemed Misdemeanor. It is a
misdemeanor, punishable by a fine of not to exceed one thousand
dollars, or by imprisonment for not to exceed six months, or both,
for any persons, during an emergency, to:
A. obstruct, hinder, or delay any member of
the emergency organization in the enforcement of any lawful rule or
regulation issued pursuant to this title, or in the performance of
any duty imposed upon him by virtue of this ordinance;
B. Do any act of forbidden by any lawful rule or
regulation issued pursuant to this ordinance, if such act is of
such 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;
C. Wear, carry, or display, without authority, any
means of identification specified by the emergency agency of the
state.
Section 12. Severability• Invalidity of any provision
not to affect other provisions. 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.
PASSED, APPROVED, and ADOPTED this 21st day of May, 1991.
Mayor
City of Diamond Bar
I, Lynda Burgess, CITY CLERK of the City of Diamond Bar,
California do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Diamond Bar held on 7th day of May, 1991, and was finally passes
at a regular meeting of the City Council of the City of Diamond Bar
held on the 21st day of May, 1991.
Executed this 22ndday of May, 1991 at Diamond Bar,
California.
LyWda Burgess, City Clerk
AYES: COUNCIL MEMBERS: Nardella, Papen, Werner,
Mayor Pro Tem Kim and Mayor Forbing
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None