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Ordinance Number 37133 City of San Juan Capistrano) I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing ordinance was duly passed and adopted by the City Council and signed and approved by the Mayor of said City, and that said ordinance was passed and adopted by a vote of four-fifths of the members of said City Council, to wit: AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares, Buchheim. NOES: Councilmen: None ABSENT: Councilmen: None J -- City Clerk of the City of San Juan Capistrano, California - (SEAL) State of California ) County of Orange )ss. - City of San Juan Capistrano) I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 27 of said City and that said ordinance was adopted at the time by the vote stated on the certificate attached thereto, and has not been amended or repealed. Dated October 23, 1961. City Clerk of the City of San Juan Capistrano, California (SEAL) ORDINANCE NO. 37 CITY ORDINANCE RELATING TO CIVIL DEFENSE AND DISASTERS The City Council of the City of San Juan Capistrano, California does ordain as follows: SECTION 1. Purposes. The declared purposes of those ordinance 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 a disaster and to provide for the coordination of the civil defense and disaster function of this city with all other public agencies and affected private persons, corporations and organizations. Any expeditures made in connection with 134 such civil defense and disaster activities, including mutual aid activ- ities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of San Juan Capistrano. SECTION 2. Definitions. A. Civil Defense. As used in this ordinance the term "civil defense'- shall efense" shall mean preparation for carrying out all of emergency functions, other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provisionsof this ordinance apply to any condition relating to a labor controversy. B. Disaster. As used in this ordinance, the term "disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or other similar public calamity. SECTION 3. Civil Defense and Disaster Council Membership. The San Juan Capistrano Civil Defense and Disaster Council is hereby created and shall consist of the following: A. The mayor, who shall be chairman. B. The director of civil defense and disaster, who shall be vice chairman. C. The assistant director, appointed by the mayor with the advice and consent of the city council who, under the supervision of the direc- tor, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this City, and shall have such other duties as may be assigned by the director. D. Such deputy director and chiefs of civil defense and disaster department, service or divisions as are provided for by resolution pur- suant to this ordinance. E. Stich representatives of civic, business, labor, veterans, pro- fessional or other organization having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council. SECTION 4. Civil Defense and Disaster Council. Powers and Duties. It shall be the duty of the San Juan Capistrano civil defense and disaster council, and it is hereby empowered, to review and mcommend for adoption by the city council, civil defense and disaster and mutual aid plans and 135 agreements and such ordinance and resolutions and rules and regulations as are necessary to implement such plans and agreements. The civil de- fense and disaster council shall meet upon called of the chairman or in his absence from the city or inability to call such meeting, u?on the call of the vice chairman. SECTION 5. Director of Civil Defense and Disaster Powers and Duties. There is hereby created the office of director of civil defense and disa- ster. Such officer shall be appointed by the mayor with the advice and consent of the city council. The director is hereby empowered: A. To request the city council to proclaim the existence or thre- atened existence of a disaster or an emergency and the termination there- of, if the city council is in session, subject to confirmation by the city council at the earliest praetive,;time; B. To request the Governor to proclaim a state of disaster or.a state of extreme emergency when in the opinion of the resource of the area or region are inadequate to copy with the disaster; C. To control and direct the effort of the civil defense and dis- aster organization of this city for the accomplisoement of the purpose or this ordinance; D. To direct coordination and cooperation between devisions, ser- vice and staff of the civil defense and disaster organization of this city, and to resolve questions of authority and responsibility that may arise between them; E. To represent the civil defense and disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. SECTION 6. In the event of the proclamation of a state of extreme emergency by the Governor or the Director of. the California Disaster Office, 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 dis- asters; 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 136 found lacking and needed for the protection of the life and property 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 service of any city officer or employee and, in the event of the proclamation of a state of disaster or a state of extreme emergency by the Governor in the region in which this 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 immuhities as are provided by state law for registered civil defense and disaster service volunteers; D. To requistion necessary personnel or material of any city dep- artment or agency; E. To execute all of his ordinary powers as mayor or San Juan Ca- pistrano, all of the special powers conferred upon him by tHis ordinance or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws. SECTION 7. Civil Defense and Disaster Organization. All officers and employees of this city, together with those volunteer forces enPolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law,,,including persons pressed into service under the provisions of Section 6-C of this ordinance, be charged with duties incident to the protection of life and property, in this city during such disaster shall constitute the civil defense and disaster or- ganization of the city of San Juan Capistrano. SECTI´┐ŻN 8. Divisions, Services, and Staff of the Civil Defense and Disaster Organization. The funtions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution. The city council shall, concurrently with the adoption of this or- dinance, adopt a resolution setting forth the form of organization, es- tablishment and designation of divisions and services, the assigmtent of function, duties and powers, the designation of officers and employees. 13'7 Insofar as oossible, the form of organization, titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the Federal Government and the State of California. SECTION 9. Punishment of Violations, It shall be a misdemeanor, punishable by a fine of not to exceed $500:00, or by imprisonment for not to exceed six months, or by both for any person during a disaster: A. Wilfully to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the, performance of any duty imposed upon him by virtue of this ordinance; B. To do any act forbidden by any lawful rules or regulations is- sued pursuant to this ordinance, if such act is of such nature as to give or likely to give assistance to the enemy, or to imperial the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; C. To wear, carry or display, without authority; any means or ide- ntification specified by the civil defense and disaster agencies of the State. SECTION 10. Effective Date. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately. The following is a statement of the facts showing its urgency: B_th the Congress of the United States and the California State Legislature have adopted comprehensive civil defense and disaster laws. Both Federal and State plans contemplate adoption of such local legis- lation as in necessary to put into operation a coordinated and effective civil defense and disaster program so that each citizen and each commun- ity will be ready in the event of a disaster to afford as complete prot- ection as is possible to life and property, In order that the laws of this city relating to civil defense and disaster may be brought into co- nformity with the Federal and State plans at the earliest possible date, it it necessary that this ordinance take effect immediately. SECTION 11. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the 138 ordinance which can be given without the invalid provisions or applicati- on and to this end the provision, of this ordinance are declared to be severable. SECTION 12. If any paragraph, sentence, clause, or phrase, of this Ordinance for any reason is held to be unconstitutional or invalid, such council hereby declares it would have passed each paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more than one sentence, clause, or phrase be declared unconstitutional or invalid. SECTION 13. This Ordinance shall take effect immediately and after its passage, and prior to the expiration of fifteen (15) days after the passage thereof, this Ordinance shall be published once in the Coast- line Dispatch, a newspaper printed in San Juan Capistrano, County of Orange, State of California, together with the names of members of the City Council. Passed, approved and adopted this 23rd day of October, 1961. Mayor of the City of San Juan Capistrano, California ATTEST: City Clerk of the City of San Juan Capistrano, California I. Ernest A. Thompson, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing and attached Ordinance was finally passed, approved and adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof held on the 23rd day of October, 1961. P AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares, Buchheim, NOES: Councilmen: None. ABSENT: Councilmen: None. ( SEAL ) City Clerk of the City of San Juan Capistrano, California