Ordinance No. 579�-
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ORDINANCE NO. 579
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 8 -A OF THE CYPRESS CITY CODE RELATING
TO EMERGENCY SERVICES ORGANIZATION.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8 -A of the Code of the City of Cypress hereby is amended
to read as follows:
Sec. 8A -1.
Sec. 8A -2.
CHAPTER 8 -A
Emergency Services Organization
Purposes. The 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.
Definition. 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 this
City caused by such conditions as air pollution, fire, flood,
storm, epidemic, riot, or earthquake, or other conditions, in-
cluding conditions resulting from war or imminent threat of war,
but not 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
combination of its forces and those of one or more other govern-
mental agencies to combat.
Sec. 8A -3. Disaster Council Established. The City of Cypress Disaster Council
is hereby created and shall consist of the following:
a. The mayor, who shall be chairman;
b. The director of emergency services, who shall be vice - chairman;
c. The assistant director of emergency services;
d. Such chiefs of emergency services as are provided for in the
Emergency Plan of this City, adopted pursuant to this Chapter;and
Sec. 8A -4.
e. Such representatives of civic, business, labor, veterans, pro-
fessional or other organizations having an official group or
organization emergency services responsibility as may be
appointed by the director of emergency services with the advice
and consent of the City Council.
Disaster Council Powers and Duties. It shall be the duty of the
City of Cypress 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 the call of the chairman or, in his absence from the
City or inability to call such meeting, upon call of the vice
chairman.
Sec. 8A -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.
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b. There is hereby created the office of assistant director
of emergency services, who shall be appointed by the director.
Sec. 8A -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 proclama-
tion 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 proclama-
tion within seven 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 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; and,
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:
(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 shall be
confirmed by the City Council at its next meeting
or they shall have no further force and effect;
(b) To obtain vital supplies, equipment, and such other
properties found lacking and needed for the protection
of life and property and to obligate the City for the
fair value thereof, and, if required immediately, to
commandeer the same for public use;
(c) To require emergency services of any city officer or
employee and 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;
(d) To requisition necessary personnel or material of
any city department or agency; and
(e) To execute all of his ordinary power as City Manager;
all of the special powers conferred upon him by this
Chapter or by any resolution or emergency plan pur-
suant 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.
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Sec. 8A -7.
Sec. 8A -8.
Sec. 8A -9.
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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 not be effective unless 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.
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,
by agreement or operation of law, including persons impressed
into service under the provisions of SECTION 8A -6(a) (6) (c)
of this Ordinance, may 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 Cypress.
Emergency Plan. The City of Cypress Disaster Council shall be
responsible for the development of the City of Cypress 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.
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 of Cypress.
Sec. 8A -10. Punishment of Violations. It shall be a misdemeanor, punish-
able 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:
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 upon him
by 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 inha-
bitants of this City, or to prevent, hinder or delay
the defense or protection thereof; or,
c. Wear, carry, or display, without authority, any means of
identification specified by the emergency agency of the
State.
SECTION 2. Severability:
If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance, or the application hereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance or its application to other
persons or places. The City Council hereby declares that it would have adopted
this ordinance, and each section, subsection, subdivision, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases, or portions,
or the application thereof to any person or place, be declared invalid or
unconstitutional.
FIRST READ at an adjourned regular meeting of the City Council of said
City held on the 10th day of August 1976, and finally adopted and ordered
posted at a regular meeting of said Council held on the 23rd day of August
1976.
ATTEST:
CITY1 CL
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'OF THE ,CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THFI CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 23rd day of August 1976;by the following roll
call vote:
AYES: 4 COUNCILMEN: Harvey, Hudson, Lacayo and MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED: 1 COUNCILMAN: Sonju
CITY CLE
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OF THE CITY OF CYPRESS