HomeMy WebLinkAboutOrd 66 ORDINANCE NO. 66
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING CHAPTER 2.20 OF THE
CATHEDRAL CITY MUNICIPAL CODE PROVIDING FOR
jTHE ADMINISTRATION OF DISASTER OPERATIONS AND
RELIEF IN THE CITY OF CATHEDRAL CITY.
The city council of the City of Cathedral City, California, does ordain as follows:
SECTION 1. Chapter 2.20 of the Cathedral City Municipal Code hereby is amended
to read as follows:
Chapter 2.20
DISASTER RELIEF
Sections:
2.20.010 General purposes.
2.20.020 Definitions.
2.20.030 Disaster council.
2.20.040 Disaster council--Composition.
2.20.050 Disaster council--Powers.
2.20.060 Disaster preparedness functions.
2.20.070 Emergency corps.
2.20.080 Local emergency--Declaration--Termination.
2.20.090 Emergency corps--Commander.
2.20.100 Commander--Authority and powers.
2.20.110 City council--Orders and regulations.
2.20.120 Preservation of local government.
2.20.130 Privileges and immunities.
2.20.140 Penalties.
2.20.010 General 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 the City of Cathedral City in the event of the emergency conditions hereinafter
referred to; the direction of the disaster organization and the coordination of the disaster
functions of the City of Cathedral City with the County of Riverside and with all other
public agencies, corporations, organizations and affected private persons.
2.20.020 Definitions. A. As used in this chapter, the terms emergency or disaster
shall mean the actual or threatened existence of conditions of disaster or of extreme peril
to the safety of persons and property within this city caused by such conditions as air
pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, including
conditions resulting from war or imminent threat of war but other than conditions
resulting from a labor controversy, which conditions are or are likely to be beyond the
control of the services, regular personnel, equipment and facilities of the city and which
may require the combined forces of other political jurisdictions to combat.
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B. Other terms used herein shall have meanings as used in the California
Emergency Services Act.
2.20.030 Disaster council. It shall be the duty of the Cathedral City disaster
council, and it is hereby empowered, to cause to be developed and recommend for
adoption 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 chairman, or in his
absence from the city or inability to call such a meeting, upon the call of the vice-
chairman.
2.20.040 Disaster council--Composition. The City of Cathedral City disaster
council consists of the following persons:
A. The mayor, who shall act as its chairman;
B. The city manager;
C. The director of community development;
D. The director of finance and general services;
E. The public information officer;
F. The assistant to the city manager; and
G. The city clerk's assistant, who shall be secretary, but without vote.
2.20.050 Disaster council--Powers. The disaster council shall have power to:
A. Elect a vice-chairman and such other officers as it may deem necessary;
B. Enact its own rules and procedures;
C. Review and recommend for adoption by the city council disaster and mutual
aid plans and agreements.
2.20.060 Disaster preparedness functions.
A. Pre-disaster preparedness functions as described in joint powers agreement for
the City of Cathedral City will be accomplished by the Riverside County office of
disaster preparedness under contract to the city.
B. The services to be provided by the County office of disaster preparedness
includes but is not limited to preparation of general plan, annexes thereto and
communications planning reports.
2.20.070 Emergency corps. The City of Cathedral City emergency corps shall be
activated and shall function as a disaster relief body only:
A. Upon the existence of a "state of war" emergency;
B. Upon the declaration by the Governor of the State of California, or of persons
authorized to act in his stead, of a "state of emergency," affecting and including the City
of Cathedral City.
C. Upon the declaration of a "local emergency" by the city council of the City of
Cathedral City or by persons herein authorized to act in its stead;
D. When affirmative response is made to the County of Riverside to join in a
"local emergency" declared by the county.
2.20.080 Local emergency--Declaration--Termination.
A. A "local emergency" may be declared for good and sufficient reason by the
city council or, if the city council is not in session, by:
1. Any member of the city council acting individually;
2. City manager;
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3. Chief of police;
4. Fire chief;
5. Acting city manager.
Whenever a "local emergency" is proclaimed by other than the city council, the city
council shall take action to ratify the proclamation within seven (7) days thereafter or the
proclamation shall have no further force or affect.
B. 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 the
conditions warrant.
2.20.090 Emergency corps--Commander. The city manager shall be the emergency
corps commander. In the absence or inability of the city manager to act, he shall
automatically be succeeded as emergency corps commander by the following officials in
the order named:
A. Mayor;
B. Acting city manager.
2.20.100 Commander--Authority and powers. A. During a declared emergency
affecting the City of Cathedral City, the emergency corps commander shall, to the extent
he deems necessary, have complete authority over all agencies of the city government and
the right to exercise within the area designated all police powers vested in the city by the
Constitution and laws of the State of California in order to effectuate the purpose of this
chapter. He may direct all agencies of the city government to utilize and employ city
personnel, equipment and facilities for the performance of any and all activities designed
to prevent or alleviate actual or threatened damage due to the emergency. Any agencies
so directed by the emergency corps commander may expend any of the monies which have
been appropriated to it in performing such activities irrespective of the particular purpose
for which the money was appropriated. 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
Cathedral City. The city council may reimburse any city agency for funds expended
during emergency operations. However, reimbursements will be made to any city agency
for expenditures incurred if the funds of that department are subject to Constitutional
restrictions which would normally prohibit their use for such purposes.
B. In addition to the powers granted herein, the emergency corps commander
shall have such powers incidental to the performance of his duties as said commander as
may be necessary to allow him to carry out the emergency operations plan of the City of
Cathedral City, it being the intent that the enumerated powers herein are not intended to
be limitations upon his powers.
2.20.110 City council--Orders and regulations. A. During the existence of a
declared emergency affecting the City of Cathedral City, the city council shall be
considered to be in continuous session.
B. During a "declared emergency," the city council may promulgate orders and
regulations necessary to provide for the protection of life and property including orders or
regulations imposing a curfew within designated boundaries where necessary to preserve
the public order and safety. Such orders and regulations shall be in writing and shall be
given widespread publicity and notice.
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2.20.120 Preservation of local government. During the existence of a war
emergency, law and order must be preserved and insofar as possible, government services
continued or restored. This can best be done by civil government. To provide for the
continuance of the legislative branch of the city, each councilmember shall have the
authority to nominate for approval by the full council three individuals as his standby.
Standby officers shall be designated 1, 2 and 3 as the case may be Their duties shall be
to fill the post to which appointed in the order designated during a war emergency when,
for any reason, the regular councilmember is unavailable. He shall serve until the regular
councilmember becomes available. Standby councilmembers, however, are not in the line
of succession as emergency corps commander.
2.20.130 Privileges and immunities. A. The city shall not be liable for any claim
based upon the exercise or performance or the failure to exercise or perform a
discretionary function or duty on the part of any employee of the city.
B. Volunteers duly registered with the city disaster council or unregistered
persons duly pressed into service during any declared emergency affecting the City of
Cathedral City, in carrying out, complying with or attempting to comply with any order or
regulation issued pursuant to the provisions of this chapter while performing any of their
authorized functions or duties shall have the same degree of responsibility for their
actions and enjoy the same immunities as officers and employees of the City of Cathedral
City.
2.20.140 Penalties. It shall be a misdemeanor and shall be punishable by a fine of
not more than five hundred dollars or by imprisonment for not more the six months, or
both, for any person during a disaster:
A. To willfully obstruct, hinder or delay any member of the City of Cathedral
City emergency corps in the enforcement of any lawful rule, regulation or order issued
pursuant to this chapter or in the performance of any duty imposed upon them by virtue of
this chapter;
B. To do any act forbidden by any lawful rule, regulation or order 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 life or property or to prevent, hinder or delay the defense or
protection of persons or property;
C. To wear, carry or display without authority any means of identification
specified by the civil defense and/or disaster agency of the federal or state government.
SECTION 2. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the ordinance and
the application of such provision to other persons or circumstances shall not be affected
thereby.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 4. POSTING. The City Clerk shall within 15 days after the passage of
this ordinance, cause it to be posted in at least the 3 public place designated by resolution
of the City Council; shall certify to the adoption and posting of this ordinance; and shall
cause this ordinance and its certification, together with proof of posting, to be entered in
the book of ordinances of this City.
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The foregoing ordinance was approved and adopted at a meeting of the City Council
held on the 18th of January , 1984, by the following vote:
Ayes: Councilmembers Case, Martin, Murphy, Smith and Mayor Krings
Noes: None
Absent: None
MAYO'
ATTEST:
CI Y' LERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
.,, PA-- el—L
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CITY ORNEY
ITY MANAGER
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. I, ra WAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A ,
MEETING THEREOF HE'.D ONE THE /f DAY OF , L,.. .4...
198 ,., AND THAT SAME WAS POSTED IN AT LEAST TIE THREE i
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY HE SAID
CITY COUNCIL
/1ll4,// ' . �. /� �ie
CITY CLERK
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