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O990 . . ,I ,-, CA RLeIS: j st 2-18-75 - 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, -1- CA RL~IS:Jst 2-18-75 e 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. -2- ,CA RL~SIS:Jst 2-18-75 . 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 -3- CA ~SIS:Jst 2-18-75 . 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 -4- CA RWSIS:Jst 2-18-75 e 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 -5- CA ~SIS:jst 2-18-75 . 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. -6- .CA RLK:SIS:jst e 2-19-75 e 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 ($500.00) Dollars, or by lmprlsonment for not to exceed s~x (6) months, or both. SECTION 11. Sections 2305A, 2305B, 2305C, 2305D, 2305E, 2306A, 2306B, 2306C, 23060, 2306E, 2323, and 2324 of the Santa Mon~ca Munic~pal Code are hereby each repealed in ltS entlrety. SECTION 12. Any provision of the Santa Monica Municipal Code, or appendlces thereto inconsistent herewith, to the extent of such inconslstencies and no further, are hereby -7- CA RL~S:jst 2-19-75 . superceded. SECTION 13. If any sect~on, subsection, sentence, clause or phrase of this ordinance or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a dec~sion of any court of competent jurisdiction, such decision shall not affect the val~dity of the remaining port~ons of the ordinance. The City Counc~l hereby declares that it would have passed this ordlnance and each section, subsection, sentence, clause or phrase thereof, ~rrespect~ve of the fact that anyone or more sectlons, subsections, sentences, clauses or phrases be declared inval1d or unconstltutional. SECTION 14. The Mayor shall s~gn and the City Clerk shall attest to the passage of th~s ordlnance. The C~ty Clerk shall cause the same to be published once in the off~cial newspaper with~n f~fteen (15) days after its adoptlon. This ordinance shall take effect th~rty (30) days following ~ts adoptlon. ADOPTED and APPROVED this 4th day of March 1975. / .I /" , / ./ ~-.' . (" / ( /;t!'J-- \.L--" ~ L.- / /// .....-.r,. / / . . . "'-, /I/{Lr:,-;,.f;: :..- Mayor ATTEST: ,r/$ /7~ .' c: r./L-~) ... 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 -8- .CA RLWIS: j st 2-19-75 e 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 t;' /, /},., .(1.--7 / . t:h _ !/i / f r~ L/ , (/ Ci ty Clerk APPROVED AS TO FORM: Clty Attorney -9-