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ORDINANCE NO. 990 (ecs)
(City Council Ser~es)
AN ORDINANCE OF THE CITY COUN~IL OF
THE CITY OF SANTA MONICA AMENDING
SECTION 2300, 2301, 2302, 2303, 2304,
2305, 2306, 2307, 2308 AND 2309 OF,
AND REPEALING SECTIONS 2305A,2305B,
2305C,2305D,2305E,2306A,2306B,2306C,
2306D,2306E, 2323 AND 2324 OF THE SANTA
MONICA MUNICIPAL CODE PERTAINING TO
EMERGENCY CONDITIONS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Sectlon 2300 of Chapter 3, of Article II
of the Santa Monlca Municipal Code is hereby amended to read as
follows:
Section 2300. Purposes. The declared purposes of
th~s ordinance are to provide for the preparatlon and carrying out
of plans for the protection of persons and property wlthin thlS
Clty in the event of an emergencYi the direction of the emergency
organizatloni and the coordinat~on of the emergency functions of
this City with all other publlC agencies, corporations, organizations,
and affected prlvate persons. Any expenditures made in connection
with said disaster actlvlties, including mutual aid activities,
shall be deemed concluslvely to be for the direct protection and
benefit of the lnhabitants and property of the City.
SECTION 2.
Section 2301 of Chpater 3, of Article II.
of the Santa Monlca Munic~pal Code is hereby amended to read as
follows:
Section 2301. Definition. As used in this
ordinance, "emergency" shall mean the actual or threatened existence
of conditions of disaster or of extreme perl1 to the safety of
persons and property wlthln this City caused by such conditions as
alr pollution, fire, flood, storm, epidemic, riot, or earthquake,
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or other conditions, including cond~tlons result~ng from war,
or immlnent threat of war, but other than cond~t~ons resulting
from a labor controversy, which conditions are or are likely to
be beyond the control of the serVlces, personnel, equipment, and
fac~l~ties of this City, requirlng the comblned forces of other
political subdivisions to combat.
SECTION 3. Section 2302 of Chapter 3 of Article II
of the Santa Mon~ca Municipal Code ~s hereby amended to read as
follows:
Sect~on 2302. Disaster Councl1 Membershir. The
City of Santa Mon~ca Dlsaster Council is hereby created and shall
cons~st of the follow~ng:
a. The Mayor, who shall be Chalrperson.
b. The Director of Emergency Services, who
shall be V~ce-Chalrperson.
c. The Assistant Director of Emergency Servlces.
d. Such chiefs of emergency serv~ces as are
provlded for in a current emergency plan
of thls City, adopted pursuant to this
Ordinance.
e. Such representat~ves of civ~c, business,
labor, veterans, profess~ona1 or other
organizations having an offlClal emergency
responslblllty as may be appo~nted by the
Mayor wlth the advice and consent of the
C1ty COUDell.
SECTION 4. Sectlon 2303 of Chapter 3 of Article II
of the Santa Monica Municipal Code 1S hereby amended to read as
follows:
Section 2303. Disaster Counc~l Powers and Duties.
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It shall be the duty of the City of Santa Monica Disaster Council,
and it is hereby empowered, to develop and recommend for adoptlon
by the City Council, emergency and mutual aid plans and agreements
and such ordinances, resolutions, rules and regulations as are
necessary to implement such plans and agreements. The Disaster
Council shall meet upon call of the Chairperson or, in the absence
of the Chairperson from the City or inability of the Chairperson
to call such meeting, upon call of the Vlce Chalrperson.
SECTION 5. Section 2304 of Chapter 3, of Article II
of the Santa Monica Mun~cipal Code is hereby amended to read as
follows:
Section 2304. Director and Assistant D~rector of
Emergency Services.
a. There is hereby created the off1ce of
Director of Emergency Servlces. The City Manager shall be the
Director of Emergency Services.
b. There is hereby created the offlce of
Ass1stant Dlrector of Emergency Services, who shall be appolnted
by the D~rector.
SECTION 6. Sectlon 2305 of Chapter 3, of Article II
of the Santa Monica Munlcipal Code is hereby amended to read as
follows:
Section 2305. Powers and Duties of the Director
and Assistant Dlrector of Em~~gency Services. The Director lS
hereby authorized to:
a. Request the City Council to proclaim the
existence or threatened existence of a local emergency if the
C~ty Council ~s ~n session, or to issue such proclamation if the
City Councl1 1S not in session. Whenever a local emergency is
proclaimed by the Dlrector, the City Council shall take action to
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ratify the proclamation within seven (7) days thereafter or the
proclamation shall have no further force or effect.
b. Request the Governor to procla~m a
"state of emergency" when, in the oplnlon of the Director, the
locally available resources are inadequate to cope wlth the
emergency.
c. Control and dlrect the effort of the
emergency organization of this City for the accomplishment of
the purposes of this ordinance.
d. D~rect cooperation between and coordination
of serv~ces and staff of the emergency organization of thls City~
and resolve questions of authority and responsibility that may
arlse between them.
e. Represent this Clty in all dealings wlth
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 provlded, the proclamation of a
"state of emergency" by the Governor or the Director of the State
Office of Emergency Serv~ces, or the ex~stence of a "state of war
emergency" the Director 15 hereby further empowered to:
1. 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 pract~cable t~me by
the City Council;
2. Obtaln vital supplies, equipment, and
such other properties found lacking and needed for the protection
of life and property and bind the City for the fair value thereof
and, if requlred immediately, to comandeer the same for publlC
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use;
3. Require emergency services of any
City officer or employee and, in the event of a proclamation of
a "state of emergency" in the County in wh~ch this City is located
or the existence of a "state of war emergency" to command the a~d
of as many citizens of this community as he deems necessary ln
the execution of his duties; in such event such persons shall
be entitled to all privileges, benef~ts and lmmunities as are
prov~ded by state law for registered disaster service workers;
4. Requisition necessary personnel or
materials of any City department or agency; and
5. Execute all of his ordinary power
as City Manager, all of the special powers conferred upon him by
this ordlnance or by resolution or emergency plan pursuant hereto
adopted by the C~ty Council, all powers conferred upon him by
any statute, by any agreement approved by the Clty Council, and
by any other lawful authority.
The Director of Emergency Services shall
designate the order of succession to that office, to take effect
in the event the Dlrector is unavailable to attend meetings or
otherw~se perform his duties during an emergency.
The Assistant Director shall, under the
supervision of the Director and with the asslstance of emergency
service chiefs, develop emergency plans and organ~ze and manage
the emergency serVlce programs of this Clty; and shall have such
other powers and dut~es as may be asslgned by the Dlrector.
SECTION 7. Sectlon 2306 of Chapter 3 of Article II
of the Santa Monica Municipal Code is hereby amended to read as
follows:
Section 2306. Emergency Organ~zation. All officers
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and employees of th~s City, together w1th those volunteer forces
enrolled to aid them during an emergency, and all groups,
organizat~ons, and persons who may by agreement or operation of
law, ~ncluding persons impressed into service under the provislons
of Section 2305f3 of this ord~nance, be charged w1th duties
incident to the protection of life and property ~n thlS City
dur~ng such emergency, shall constitute the emergency organizat~on
of the C~ty of Santa Monica.
SECTION 8. Section 2307 of Chapter 3 of Artlcle II
of the Santa Monica Municipal Code is hereby amended to read as
follows:
Section 2307. Em~rgen~y Plan. The C~ty of Santa
Monica D1saster Council shall be responsible for the development
of the Clty of Santa Mon~ca Emergency Plan, which plan shall
provide for the effective mobilizatlon of all of the resources
of this City, both public and private, to meet any condition
constltutlng a local emergency, state of emergency, or state of
war emergency; and shall provide for the organ~zation, powers
and duties, services and staff of the emergency organizatlon.
Such plans shall take effect upon adoption by resolution of the
City Councl1.
SECTION 9. Section 2308 of Chapter 3 of Art~cle II
of the Santa Monica Municipal Code is hereby amended to read as
follows:
Section 2308. Expendltures. Any expenditures made
in connection w~th the emergency activities, including mutual
ald activltLes, shall be deemed conclusively to be for the dLrect
protection and benefit of the lnhabitants and property of the
Clty of Santa Monica.
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SECTION 10.
Sectlon 2309 of Chapter 3 of Article II
of the Santa Monlca Municipal Code is hereby amended to read as
follows:
Section 2309. Punishment of Vlolations. No person
shall, during an emergency:
a. Wl1fu11y obstruct, hinder, or delay any
member of the emergency organization ln the enforcement of any
lawful rule or regulation ~ssued pursuant to th~s ordinance, or
ln the performance of any duty imposed upon him by virtue of this
ordinance; or,
b. Do any act forbidden by any lawful rule
or regulation ~ssued pursuant to th~s ordinance, if such act is
of such a nature as to give or be likely to glve assistance to
the enemy or to lmperil the lives or property of inhabltants of
this Clty, or to prevent, hinder, or delay the defense or
protection thereof; or,
c. Wear, carry, or display, w~thout
authorlty, any means of identiflcat~on specified by the emergency
agency of the State.
A violation of thlS section shall constitute
a misdemeanor, punlshable by a flne of not to exceed F~ve Hundred
($500.00) Dollars, or by lmprlsonment for not to exceed s~x (6)
months, or both.
SECTION 11.
Sections 2305A, 2305B, 2305C, 2305D,
2305E, 2306A, 2306B, 2306C, 23060, 2306E, 2323, and 2324 of the
Santa Mon~ca Munic~pal Code are hereby each repealed in ltS
entlrety.
SECTION 12.
Any provision of the Santa Monica
Municipal Code, or appendlces thereto inconsistent herewith, to
the extent of such inconslstencies and no further, are hereby
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superceded.
SECTION 13.
If any sect~on, subsection, sentence,
clause or phrase of this ordinance or the application thereof to
any person or circumstance is for any reason held to be invalid
or unconstitutional by a dec~sion of any court of competent
jurisdiction, such decision shall not affect the val~dity of the
remaining port~ons of the ordinance. The City Counc~l hereby
declares that it would have passed this ordlnance and each
section, subsection, sentence, clause or phrase thereof, ~rrespect~ve
of the fact that anyone or more sectlons, subsections, sentences,
clauses or phrases be declared inval1d or unconstltutional.
SECTION 14.
The Mayor shall s~gn and the City Clerk
shall attest to the passage of th~s ordlnance. The C~ty Clerk
shall cause the same to be published once in the off~cial
newspaper with~n f~fteen (15) days after its adoptlon. This
ordinance shall take effect th~rty (30) days following ~ts
adoptlon.
ADOPTED and APPROVED this
4th day of
March
1975.
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Mayor
ATTEST:
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... C~1 Clerk -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA MONICA
I do hereby certify that the foregoing ord~nance was
duly and regularly introduced at a meeting of the C~ty Councll on
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the
25th day of
February
I 1975;
that thereafter the said ordinance was duly adopted at a meeting
of the C~ty Counc~l on the
4th
day of
March
1975, by the following vote:
AYES:
Councilmen: Judson, Lawson, McCloskey, Swink,
Trives, van den Steenhoven, Hoover
NOES:
Counc~lmen: None
ABSENT:
Councilmen: None
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, (/ Ci ty Clerk
APPROVED AS TO FORM:
Clty Attorney
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