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2285ORDINANCE NO. 2285 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 6 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING CHAPTERS 6.04, 6.08 and 6.12 THEREOF, AND BY ENACTING A NEW CHAPTER 6.04 RELATING TO A DISASTER PLAN. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 6 of the Anaheim Municipal Code be and the same is hereby amended by repealing Chapter 6.04 (Ordinance 649), Chapter 6.08 (Ordinance 736) and Chapter 6.12 (Ordinance 656) thereof; provided, however, that it is the intent of the City Council that the new Chapter 6.04 hereby enacted shall be considered a revision and continuation of the chapters repealed by this ordinance; and that the status of volunteers shall not be affected by such repeal, nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted, pursuant to such repealed chapters be affected by such repeal until amended, modified or superseded as provided in this ordinance. SECTION 2. That Title 6 of the Anaheim Municipal Code be, and the same is hereby amended by enacting a new Chapter 6.04, reading as follows: "CHAPTER 6.04 DISASTER PLAN "SECTION 6.04.010 PURPOSES. The declared purposes of this Chapter 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 functions of this City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activi- ties, including mutual aid activities, shall be deemed conclu- sively to be for the direct protection and benefit of the inhabitants and property of the City of Anaheim. "SECTION 6.04.020 DEFINITIONS �a) DISASTER SERVICES. As used in this Chapter, the term 'disaster services" shall mean the organized preparation for and carrying out of emergency planning and disaster opera- tions by government, business and the community in general in order to prevent, minimize and repair injury and damage result- ing from actual or threatened enemy attack, sabotage, extra- ordinary fire, flood, storm, epidemic, riot, earthquake, explosion, or other similar public calamity. It shall not include, nor does any provision of this Chapter apply to any condition relating to a labor controversy. (b) CIVIL DEFENSE. As used in this Chapter, the term "Civil Defense" applies to those situations arising from actual -1- or tnreatened enemy attack. Tie provisions of t':. -.,is part sr.all not apply to functions for which military forces are primarily responsible. (c) DISASTER, EMERGENCY, OR PERIL. As used in this Chapter, tite terms "disaster", "emergency", or "peril" include but are not limited to actual or t:ireatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, eartliquake, explosion, or other similar public calamity. "SECTION 6.04.030 DISASTER COUNCIL. MEMBERSHIP. Tne Anaheim Disaster Council is hereby created and its members=.ip sial consist of the following: (a) The City Manager, wlo shall be Chairman; (b) The Coordinator of Disaster Services, who srz.all be Vice -Chairman; (c) The City Attorney or his representative; (d) Such City Department Heads as may be appointed by the City Manager; (e) Such representatives of civic, business, labor, veterans, professional, or other organizations as may be ap- pointed by the City Manager, aowever, not to exceed five in number. "SECTION 6.04.040 DISASTER COUNCIL. POWERS AND DUTIES. It shall be the duty of the Anaheim Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council, civil defense and czisaster plans, mutual aid plans and agreements, and sucii ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council is advisory in nature only but may present such advice and recommendations as it deems necessary. The Disaster 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 Chairman's authori- zed representative or the Vice -Chairman. "SECTION 6.04.050 DIRECTOR OF DISASTER SERVICES. POWERS AND DUTIES. (a) There is hereby created the Office of Disaster Ser- vices. The City Manager shall be the Director of Disaster Services. The title of Director of Civil Defense is coter- minous and equally applicable. T1ie Office of Disaster Services is the official Civil Defense Agency of tLe City of Anaheim. (b) The Director is hereby empowered: 1. To request the City Council to proclaim the exis- tence or threatened existence of a disaster or 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; IWA 2. To request the Governor to proclaim a state of disaster or a state of extreme emergency when in the opinion of the Director the resources immediately available to the City of Anaheim are inadequate to cope with t} -.e disaster. 3. To control and direct the efforts of the disaster organization of this City for the accomplishment of the purposes of this Chapter; 4. To direct coordination and cooperation between divisions, services and staff of the disaster organization of this City, and to resolve questions of authority and respon- sibility that may arise between them; 5. To represent tkze disaster organization of this City in all dealings with public or private agencies pertaining to civil defense and disaster; 6. To appoint a Coordinator of Disaster Services who shall also be known as the Assistant Director of Civil Defense and who shall be in charge of the Office of Disaster Services; 7. To prepare and maintain, on a current basis, a disaster plan to be known as the "City of Anaheim, California, Disaster Flan". This plan, referred to in the remainder of this chapter as the "Plan', shall be effective upon filing of the Plan with the City Council by the Director. The City Council may within thirty (30) days of such filing disapprove the Plan. 8. To implement the Disaster Plan in whole or in part at such times he deems necessary. (c) In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or any person who may lawfully issue such proclamation, the Dir- ector is hereby empowered, within limitations provided by the City Charter, ordinances and laws applicable to the City: 1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; 2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the City for the fair value thereof; 3. To require emergency services of any City officer or employees. If City employee forces are deemed inadequate, the Director may use the services of citizen volunteers. All such persons rendering emergency services shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered civil defense and disaster workers; 4. In the event of the proclamation by the Governor of a state of disaster or a state of extreme emergency in the region in which this City is located, to command the aid of -3- 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 civil defense and disaster service volunteers; 5. To requisition necessary personnel or material of any City department or agency; 6. To execute all of his ordinary power 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, agreement approved by the City Council, or by any other lawful authority, and in confor- mity 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 6.04.060 THE PLAN. (a) The Plan shall provide for the full utilization of all City resources, both human and material, as necessary to carry out the purposes of this part. It shall be consistent with the State of California and National Civil Defense Plans. (b) Assignment of emergency duties and functions shall be set forth in the Plan for all City agencies and employees. (c) Amendments to the Plan shall be placed on file with the City Council by the Director. Such amendments shall be effective upon filing of the amendments with the City Council by the Director. The City Council may within thirty (30) days of such filing disapprove any such amendments. (d) In assigning disaster duties and functions to City agencies and personnel, the Director shall place such respon- sibilities to best utilize the inherent competencies already existing in the governmental structure. When the requisite competency for a function is not available within the City government, the Director is authorized to seek assistance on a volunteer basis from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. (e) The provisions of the Plan, as filed with the City Council, shall be mandatory upon the agencies of City govern- ment, its employees, and registered volunteer disaster service workers, who shall diligently apply their efforts toward the development of the most effective disaster preparedness program within their means. The Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster, as provided in this Chapter, has been proclaimed. "SECTION 6.04.070 DISASTER ORGANIZATION. (a) All officers and employees of this City shall be a part of the Anaheim Disaster Organization. The Director shall maintain a continuing capability to utilize the employees of this City in an organized and trained manner. When deemed necessary, the director is authorized to use volunteer forces enrolled to aid during a disaster along with such groups, -4- organizations, and persons as may, by agreement or operation of laws, be charged with duties incident to the protection of life and property in the City during a disaster. (b) Each service chief appointed in the Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned City employees and volunteers. Each chief shall formulate the operational plan for his service which, when approved, shall become an annex to the Plan. Annexes to the Plan will be approved by the City Manager and must not be in conflict with the Plan. The chiefs shall be responsible for the care, maintenance and proper use of any special equipment and/or property which they may obtain or that might be assigned to them from time to time by the Director. (c) The Director shall prescribe in the Plan those posi- tions within the disaster organization for which lines of suc- cession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of three persons as successors to his position. The list will be in order of succession and the person responsible will only designate persons capable of carrying out all assigned duties and functions. "SECTION 6.04.080 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 both, for any person during a disaster: (a) Wilfully to obstruct,kdnder, or delay any member of the 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 regula- tions issued pursuant to this ordinance, 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 protec- tion thereof; (c) To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the State or of the City. "SECTION 6.04.090 SEVERABILITY. If any provisions of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which cm be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within -5- fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and cir- culated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 24th day of May 19 66 MAYOR OF THECI—TY OP -ANAHEIM ATTEST: -CITY,CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at aregular meeting of the City Council of the City of Anaheim, heldon the _nth day of Mav , 19 66 and that the same was passeZ-and adopted"at a regular meeting of said City Council held on the �dth ay of MaYY , 19 66 by the following vote of the members thereot': AYES: COUNCILMEN: Dutton, Pebley, Schutte, and Krein NOES: COUNCILMEN: Chandler ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said ordinance on the 94th day of May , 19 66 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2� day of May , 19 66 . CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENS M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance is the original of Ordinance No. 2285 and was published once in the Anaheim Bulletin on the 3rd day of June, 1966. City Clerk