HomeMy WebLinkAbout104 - Ordinances ORDINANCE NO. 104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RELATING TO
EMERGENCY ORGANIZATION AND FUNCTIONS
The City Council of the City of Rancho Cucamonga does ordain as
follows:
Section 1: Purposes
The declared purposes of this ordinance 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 func-
tions of this City with all other public agencies, corporations, organi-
zations, and affected private persons.
Section 2: Definition
As used in this ordinance, "emergency" shall mean 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 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 combined forces of other political subdivisions to
combat.
Section 3: Disaster Council Membership
The Rancho Cucamonga Disaster Council is hereby created and shall
consist of the following:
(a) The Mayor, who shall be Chairman.
(b) A Council member, shall be Vice-Chairman.
(c) The Director and Assistant Director of Emergency Services.
(d) Such chiefs of emergency services as are provided for in
emergency plan of this City, adopted pursuant to this ordi-
nance.
(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 4: Disaster Council Powers and Duties
It shall be the duty of the Rancho Cucamonga Disaster Council and
it is hereby 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 Chairman or, in his absence from the City or inability
to call such meeting, upon call of the Vice-Chairman.
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Section 5: Director and Assistant Director of Emergency Services
(a) There is hereby created the Office of Director of Emergency
Services. The City Manager shall be the Director of Emergency
Services.
(b) There is hereby created the Office of Assistant Director of
Emergency Services, who shall be appointed by the Director.
Section 6: Powers and Duties of the Director and Assistant
Director of Emergency Services
(a) The Director is hereby empowered to:
(1) 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 or effect.
(2) Request the Governor to proclaim a "state of emergency"
when, in the opinion of the Director, the locally avail-
able resources are inadequate to cope with the emergency.
(3) Control and direct the effort of the emergency organiza-
tion of this City for the accomplishment of the purposes
of this ordinance.
(4) 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.
(5) Represent this City in all dealings with public or private
agencies on matters pertaining to emergencies as defined
herein.
(6) 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:
(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 bind the 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 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 powers 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 con-
ferred upon him by any statute, by any agreement
approved by the City Council, and by any other
lawful authority.
(b) 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.
(c) 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 7: Emergency Organization
All officers and employees of this City, together with those volunteer
forces enrolled to aid them during an emergency, and all groups, organiza-
tions, and persons who may by agreement or operation of law, including
persons impressed into service under the provisions of Section 6 of this
ordinance, be 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 of Rancho Cucamonga.
Section 8: Emergency Plan
The Rancho Cucamonga Disaster Council shall be responsible for the
development of the City of Rancho Cucamonga Emergency 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 plan shall take effect upon
adoption by resolution of the City Council.
Section 9: Expenditures
It shall be a misdemeanor for any person, during an emergency, to:
(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 ordinance, or in the performance of
any duty imposed upon him by virtue of this ordinance.
(b) Do any act forbidden by any lawful rule or regula_ . �n 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 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 11: 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 and the provisions
of this ordinance are declared to be severable.
Section 12:
The Mayor shall sign this ordinance and the City Clerk shall attest
to the same, and the City Clerk shall cause the same to be published
within fifteen (15) days after its passage, at least once in The Daily
Report, a newspaper of general circulation, published in the City of
Ontario and circulated in the City of Rancho Cucamonga.
PASSED, APPROVED and ADOP_ED this 21st day of May, 1980.
AYES: Frost, Mikels, Palombo, Bridge, Schlosser
NOES: None
ABSENT: None
Phill p D. Schlosser, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk