Ordinance No. 466ORDINANCE NO. 466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 6 OF THE CITY CODE.
Chapter 6 of the Cypress City Code is hereby amended to read in full
as follows:
CHAPTER 6
EMERGENCY SERVICES ORGANIZATION
SECTIONS:
6 -1 Definitions.
6 -2 Purpose of chapter.
6 -3 Emergency Services council -- Established; composition,
6 -4 Same -- Meetings.
6 -5 Same -- Powers and duties.
6 -6 Director of emergency services -- Office established;
designated.
6 -7 Same -- Powers and duties -- Generally.
6 -6 Same -- Same --- tn event of proclamation of emergency.
6 -9 Emergency services organization -- Composition-
Same -- Powers and duties; organization.
6 -ii Certain acts prohibited.
SECTION 6 -1. Definitions
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Emergency Services, The preparation fot 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. Such term shall not include, nor does
any provision of this chapter apply to, any condition relating to a
labor :oncroversy,
Emergency, The term "Emergency" shall include "State of War Emer-
gency," "State of Emergency," and "Local Emergency." State of War
Emergency or State of Emergency are of such magnitude as to appear
likely to require the combined forces of a mutual aid region or regions
to combat. A Local Emergency consists of an emergency within the
territorial limits of this city which is, or is likely to be, beyond
the control of the services, personnel, equipment, and facilities of
this city and requires the combined forces of other political sub-
divisions to combat. A State of Local Emergency may be proclaimed
locally by the Emergency Services Organization,
SECTION 6 -2. Purpose of chapter.
The purposes of this chapter are to provide for the preparation
and carrying out of plans for the emergency services of persons and
property within the city in the event of an emergency, and to provide
for the coordination of the emergency services functions of the city
with all other public agencies and affected private persons. Any
expenditures made in connection with such emergency services 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 6 -3. Emergency Services Council -- Established; composition.
An Emergency Services Council is established, which shall consist
of the following:
23
(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, appointed by the
city manager with the advice and consent of the city council,
who under the supervision of the director of Emergency Services
shall develop emergency services plans and organize the emergency
services 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 emergency services
departments or divisions as are provided for by resolution pursuant
to this chapter.
(e) Such representatives of civic, business, labor, veterans, profes-
sional or other organizations having an official group or organi-
zation emergency services responsibility as may be appointed by
the mayor with the advice and consent of the city council.
SECTION 6 -4. Same -- Meetings.
The emergency services 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 6 -5. Same -- Powers and duties.
It shall be the duty of the emergency services council to review
and recommend for adoption by the city council emergency services and
mutual aid plans and agreements and such ordinances and resolutions
and rules and regulations as are necessary to implement such plans and
agreements.
SECTION 6 -6, Director of emergency services -- Office established;
designated.
There is established the office cf director f c.a i:gency lervi`;:s.
The city manager shall be Chc director of emergency services, •
SECTION 6 -7, Same -- Powers and duties -- Generally.
The director of emergency ser-.•ices shall have the following powers
and duties:
(a) To request the city council to proclaim the existence of an
emergency and the termination thereof, if the city council is
in session, or to issue such proclamation 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 of the state to proclaim a State of War
Emergency or State of Emergency when, in the opinion of the
director, the resources of the area or region are inadequate
to cope with the emergency.
(c) To control and direct the effort of the emergency services
organization of the city for the accomplishment of the purposes
of this chapter.
(d) To direct coordination and cooperation between divisions, services
and staff of the emergency services organization of the city, and
to reno1ic questions of authority and responsibility that may
arise between them.
(e) To represent the emergency services organization of the city in
all dealings with public or private agencies pertaining to
emergency services.
SECTION 6 -8. Same -- Same -- In event of proclamation of emergency.
In the event of the proclamation of an emergency, as provided in this
chapter, the governor of the state or the state director of emergency services,
the director of emergency services shall have the following powers and
duties:
- 2 -
24
(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, that such rules and regulations
shall 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 of the life and pro-
perty of the people, and bind 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, in the event of the proclamation of a State of War
Emergency or State of Emergency by the governor in the region
in which the 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 persons shall be entitled to
all privileges, benefits and immunities as are provided by
state law for registered emergency services worker volunteers.
(d) To requisition necessary personnel 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 chapter or by
resolution adopted pursuant thereto, all powers conferred
upon him by any statute or agreement approved by the city
council or by any other lawful authority, and in conformity
with section 38791 of the Government Code of the state, and
to exercise complete authority over the city and to exercise
all police power vested in the city by the constitution and
general laws of the state.
SECTION 6 -9. Emergency services organization -- Composition.
All officers and employees of the city, together with those volunteer
forces enrolled to aid them during an emergency, and all groups, organi-
zations and persons who may, by agreement or operation of law, including
persons pressed into service under the provisions of subsection (c) of
section 6 -8, be charged with duties incident to the protection of life
and property in the city during such emergency, shall constitute the
emergency services organization of the city.
SECTION 6 -10. Same -- Powers and duties; organization.
The functions and duties of the city emergency services organization
shall be distributed among such divisions, services and special staff
as the city council shall prescribe by resolution.
The city council shall adopt a resolution setting forth the form
of organization, establishment and designation of divisions and services;
the assignment of functions, duties and powers; and the designation of
officers and employees of emergency services organization. Insofar as
possible, the form of organization, titles and terminology shall conform
to the recommendations of the federal government and the emergency services
agency of the state.
SECTION 6 -11, Certain acts prohibited.
No person during an emergency shod do any of the following:
(a) Wilfully obstruct, hinder or delay any member of the emalmIlicy
services organization in the enforcement of any lawful rule
or regulation issued pursuant to this chapter, or in the per-
formance of any duty imposed upon him by virtue of this chapter.
(b) Do any act prohibited by any lawful rules or regulations 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 iden-
tification specified by the emergency services agency of the
state,
- 3 -
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 12th day of October, 1971.
:�- -Tip -Q
MAYOR OF THE CITY OF CYP
ATTEST:
CITY CL "Or THE ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 12th day of October, 1971, by the following
roll call vote:
AYES: 3 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 1 COUNCILMEN'
Kanel, Kanode and Harvey
Roberts
Lacayo
CITY CLE OF THE CITY OF CYPRESS
4
25