Ordinance Number 626ORDINANCE NO. 626
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 1, "CIVIL DEFENSE" OF
TITLE 4, "PUBLIC SAFETY" OF THE MUNICIPAL CODE
(EMERGENCY PREPAREDNESS)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 1, "Civil Defense," of Title 4, "Public Safety," of the Municipal Code
is herebv amended in its entiretv to read as follows:
"EMERGENCY PREPAREDNESS
"Section 4-1.101. Intent.
"The intent of this Chapter is 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.
"Section 4-1.102. Emergency Defined.
"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 the City caused by such conditions as air pollution, fire, flood, storm,
epidemic, riot, drought, sudden and severe energy shortage, or earthquake, or other
conditions, including conditions resulting from war or imminent threat of war, but other
than conditions resulting from a labor controversy. These conditions are, or are likely to
be, beyond the control of services, personnel, equipment, and facilities of this City,
requiring the combined forces of other political subdivisions to combat, or as with
respect to regulated utilities, requiring extraordinary measures beyond the authority
vested in the California Public Utilities Commission.
"Section 4-1.103. Director of Emergency Services.
"There is hereby created the Office of Director of Emergency Services. The
City Manager shall be the Director of Emergency Services.
"Section 4-1.104. Powers and Duties of the Director of
Emergency Services.
"A. The Director is hereby empowered to:
"1. Request the City Council to proclaim the existen
emergency if the City Council is in session, or
proclamation if the City Council is not in session.
local emergency is proclaimed by the Director, the
shall take action to ratify the proclamation within
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ce of a local
to issue such
Whenever a
City Council
seven (7) days
thereafter, or the proclamation shall have no further force or
effect."
Suggested resolutions proclaiming a local emergency are attached
as Exhibits A and B.
"Pursuant to Section 8630 of the Government Code, the City Council
shall review, at least every fourteen (14) days until such local
emergency is terminated, the need for continuing the local
emergency and shall proclaim the termination of such local
emergency at the earliest possible date that conditions warrant.
112. 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.
03. Control and direct the effort of the Emergency Organization of
this City for the accomplishment of the purposes of this Chapter
194. Direct cooperation 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.
115. Represent this City in all dealings with public or private agencies
on matters pertaining to emergencies as defined herein.
116. In the event of the proclamation of a local emergency as herein
provided, or by the Board of Supervisors or Operational Area
Coordinator of the County of Orange for an area including this
City, 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 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 of life and
property and to bind the City for the fair value thereof and,
if required immediately, to commandeer the same for public
use.
"In so acquiring such property, the City waives no immunities
and incurs no liabilities other than those at common law or
those liabilities created by applicable state and federal law;
"c. To require emergency services of any City officer or
employee and to commend 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;
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191
"d. To requisition necessary personnel or material of any City
department or agency;
"e. To execute all his ordinary power as City Manager, all of the
special powers conferred upon him by this Chapter or by
resolution or emergency plan pursuant 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.
"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 be approved by the City
Council.
"Section 4-1.105. 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
may by agreement or operation of law, including persons impressed into service under the
provisions of this Chapter and 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 San Juan Capistrano.
"Section 4-1.106.
Emergency Plan.
"The Director of Emergency Services shall be responsible for the development
of the City of San Juan Capistrano Emergency Plan. The 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.
"Section 4-1.107.
Punishment of Violations.
"It shall be unlawful 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 inhabitants
of this City, or to prevent, hinder, or delay the defense or protection
thereof.
"C. Wear, carry, or display, without authority, any means of identification
specified by the emergency agency of the state.
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192
"Section 4-1.108. 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 San Juan Capistrano."
passage.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 12th day of Apr; 1 ,
1988.
4L—�C�
G
ATTEST:
CITY CLERI
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193
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 626 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held onAril 5th 1988, and adopted at
a meeting held on April 19 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
A Y AN OVER, CIT CLERK
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RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
by City Council or Board of Supervisors)
WHEREAS, Ordinance No. of the City (County) of
empowers the City Council (Board of Supervisors) to proclaim the
threatened existence of a local emergency when said city (county) is
likely to be affected by a public calamity; and
195
existence or
affected or
WHEREAS, said City Council (Board of Supervisors) has been requested by
the Director of Emergency Services* of said city (county) to proclaim the
existence of a local emergency therein; and
WHEREAS, said City Council (Board of Supervisors) does hereby find:
That conditions of extreme peril to the safety of persons and property
have arisen within said city (county), caused by
(fire, flood, storm,
epidemic, riot, earthquake, drought, energy shortage, or other causes)
commencing on or about _.m. on the day of 19 and
That the aforesaid conditions of extreme peril warrant and necessitate
the proclamation of the existence of a local emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout said city (county); and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency the powers, functions, and duties of the Director of Emergency
Services* and the emergency organization of this city (county) shall be those
prescribed by state lav, by (charter) ordinances, and resolutions of this city
(county) approved by the City Council (Board of Supervisors) on
19
IT IS FURTHER PROCLAIMED AND ORDERED chat said
deemed to continue to exist until its termination is
Council (Board of Supervisors) of the City (County) of
of California.* -
Laced:
local emergency shall be
proclaimed by the City
. State
CITY COUNCIL (BOARD OF SUPERVISORS)
ATTEST: City (County) of
EXHIBIT A
197
RESOLUTION PROCLAIMING EXIST[NCE OF A LOCAL EMERGENCY*
(by Director of Emergency Services**)
WHEREAS, Ordinance No. of the City (County) of
empowers the Director of Emergency services** to proclaim the existence or
threatened existence of a local emergency when said city (county) is affected or
likely to be affected by a public calamity and the City Council (Board of
Supervisors) is not in session; and
WHEREAS, the Director of Emergency Services** of the City (County) of
does hereby finds
That conditions of extreme peril to the safety of persons and property
have arisen within said city (county), caused by
(fire. flood, storm, epidemic,
and
riot, earthquake, drought, energy shortage, or ocher causes
That the City Council (Board of Supervisors) of the City (County) of
is not in session (and cannot immediately be
called into session);
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout said city (county); and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency the powers, functions, and duties of the emergency organization
of this city (county) shall be those prescribed by state law, by (charter)
ordinances, and resolutions of this city (county), and by the City (County) of
Emergency Plan, as approved by Ehe Ctcv
Council (Board of Supervisors) on , 19
Dated: By:
Director of Emergency Services—
Cicv (County) of
EXHIBIT B