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Ordinance No. 31ORDINANCE NO. 2L AN ORDINANCE OF THE CITY OF CYPRESS RENTING TO CIVIL DEFENSE AND DISASTERS. THE CITY COUNCIL OF THE CITY OF CYPRESS 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 civil defense of persons and property within this City in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this City with all other public agencies and affected private persons, corpora- tions and organizations. Any expenditures made in connection with such civil defense and disaster 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 of Cypress. SECTION 2 Definitions A Civil Defense. As used in this ordinance, the term "civil defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters It shall not include, nor does any provision of this ordinance apply to any condition relating to a labor controversy B. Disasters. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extra- ordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity SECTION 3 Civil Defense and Disaster Council. Membership The Cypress Civil Defense and Disaster Council is hereby created and shall consist of the following A The Mayor, who shall be chairman B The Director of Civil Defense and Disaster, who shall - 1 - Ordinance No 31 be q".ce-chairman C. The Assistant Director, appointed by the City Manager with the advice and consent of the City Council who, under the supervision of the Director, shall develop civil defense and disaster plans and org:lize the civil defense and disaster program of this City, and shall have such other duties as may be assigned by the Director D Such Deputy Directors and Chiefs of operating civil defense and disaster departments, services or divi- sions as are provided for by resolution pursuant to this ordinance. E Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the Mayor with the advice and consent of the City Council SECTION 4. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the Cypress Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense an disaster and mutual aid plans and agreements and such ordinances and resolu- tions and rules and regulations as are necessary to implement such plans and agreements The Civil Defense and Disaster Council shall meet upon call of the Chairman or, in his absence from the City or inability to call such meeting, upon the call of the Vice Chairman SECTION 5. Director of Civil Defense and Disaster Powers and Duties There is hereby created the office of Director of Civil Defense and Disaster The City Manager shall be Director of Civil Defense and Disaster. The Director is hereby empowered. A. To request the City Council to proclaim the existence -2- Ordinance No 31 of a disaster and the termination thereof, if the City Council is in session, or to issue such pro- clamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time. B To request the Governor to proclaim a state of extreme emergency when, in the opinion of the Director, the resources of the area or region are inadequate to cope with the disaster C To control and direct the effort of the civil defense and disaster organization of this City for the ac- complishment of the purposes of this ordinance. D To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this City, and to resolve questions of authority and responsibility that may arise between them E. To represent the civil defense and disaster organi- zation of this City in all dealings with public or private agencies pertaining to civil defense and disaster. SECTION 6. In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, 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 disaster, provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection -3- Ordinance No 31 of the life and property of the people, and bind the City for the fair value thereof, and if re- quired immediately, to commandeer the same for public use; C. To require emergency services of any City officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this City is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such per- sons shall be entitled to all priviliges, benefits and immunities as are provided by State law for registered civil defense and disaster worker volunteers, D. To requisition necessary pe•sonnel or material of any City department or agency, E. To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by this ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agree- ment approved by the City Council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws SECTION 7. Civil Defense and Disaster Organization All of- ficers and employees of this City, together with those volun- teer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 6 (c) of this ordinance, be charged Ordinance No 31 with duties incident to the protection of life and property in this City during such disaster, shall constitute the civil de- fense organization of the City of Cypress SECTION 8. Divisions, Services and Staff of the Civil Defense and Disaster Organization. The functions and duties of the City of Cypress civil defense and disaster organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution The City Council shall concurrently with the adoption of this ordinance, adopt a resolution setting forth the form of organi- zation, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees Insofar as possible, the form of organization, titles and terminology shall conform to the re- commendations of the Federal Government and the Civil Defense Agency of the State of California. SECTION 9. Punishment of Violations It shall be a misdemea- nor, punishable by a fine of not to exceed $500 00, or by im- prisonment for not to exceed six months, or both, for any per- son during a disaster: A Wilfully to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the per- formance of any duty imposed upon him by virtue of this ordinance, B To do any act forbidden by any lawful rules or regulations 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 -5- Ordinance No 31 defense or protection thereof; C To wear, carry or display, without authority, any means of identification specified by the Civil Defense and Disaster Agency of the State. SECTION 10 Severability If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or ap'lications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable SECTION 11. Effective Date. The Clerk of this Council shall certify to the passing of this ordinance and shall cause same to be posted in the manner provided by law This ordinance shall take effect thirty days from and after the date of its final adoption PASSED AND ADOPTED by the City Council of the City of Cypress adjourned at its/regular meeting held on the 21st day of October , 1957 -6- Ordinance No. 31 1iZ"• /Jacob Van Dyke, 0 CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS I, Martin Olsthoorn, City Clerk of the City Council of the City of Cypress, California, do hereby certify that, at an adjourned regular meeting of the City Council held on the 21st day of October, 1957, the foregoing ordinance, No 31, was then considered and passed and adopted as a whole by the following vote. AYES* Councilmen Arnold, Arrorood, Baroldi, and Van Dyke NOES. None ABSENT* Councilman Van Leeuwen IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Cypress, California, this 21st day of October, 1957 Martin !'7' shoo ,mil' lerk _7_ Ordinance No 31 c r l /Q.) \��P