Ordinance 28ORf INANCE N0 . 28
AN ORDINANCE OF THE CITY OF CUFERTINO RELATING TO CIVIL DE-
FENSE AND DISASTERS.
THE CITY COUNCIL OF THE CITY OF' CUPERTINO DOES ORDAIN AS FOL-
LOWS:
Section 1. Purpose.
The declared purposes of this Ordinance are to provide
for the preparation and carrying out of plans for the civil
defense 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, cor-
porations and organizations. Any expenditures made in con-
nection with such civil defense and disaster activities, in-
cluding mutual aid activities, shall be deemed conclusively
to be for the direct protection and benefit of the inhabit-
ants and property of the City of Cupertino.
Section 2. Definitions.
A. civil Defense. As used in this Ordinance, the
term "civil defense" shall mean the preparation for and the
carrying out of all emergency functions, other than functions
for which military forces are primarily responsible, to pre-
vent, minimize, and repair injury aryl damage resulting from
disasters. It shall not include, nor does any provision of
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, sabo-
tage, estraordinary fire, flood, storm, epidemic, riot, earth-
quake or other similar public c.~.lamity.
Section 3. Civil Defense ~~.nd Disaster Committee. Member-
ship. The City of Cupertino Civil Defense and Disaster Com-
mittee is hereby created and sh.~.ll consist of the following:
A. The Mayor of the City, who shall be chairman.
B. The Director of Civil Defense and Disaster, who shall
be vice-chairman, and who shall develop civil defense and
disaster plans and organize the civil defense and disaster
program in this City.
C. The Assistant Director, appointed by the City Council,
who shall have such dities as m~.y be assigned by the Direc-
tor, and who shall act as an alternate for the Director in the
absence or unavailability of th~~ Director.
D. Such Deputy Directors and Chiefs of operating civil
defense and disaster departments, services or divisions as
are provided for by resolution ,pursuant to this Ordinance.
E. Such representatives ~~f civic, business, labor,
veterans, professional or other organizations having an
official group or organization E'or civil defense and disaster
responsibility as may be appointed by the City Council.
Section ~. Civil Defense ~~.nd Disaster Committee. Pow-
ers and Duties.
It shall be the duty of th~~ City of Cupertino Civil
Defense and Disaster Committee, and it is hereby empowered,
to review and recommend for ado.~tion by the City Council,
civil defense and disaster and mutual aid plans and agree-
ments and such Ordinances and rE~solutions and rules and
regulations as are necessary to implement such plans and
agreements. The Civil Defense ~~.nd Disaster Committee shall
meet upon call of the chairman :Ln his absence from the City
of inability to call such meeti~ig, upon the call of the vice-
chairman.
Section 5. Director of Civil Defense and Disaster.
Powers and Duties.
There is hereby created th~~ position of Director of
Civil Defense and Disaster. Thy: Director of Divil Defense
and Disaster shall be appointed by the City Council.
The Director is hereby empowered:
A. To request the City Council to proclaim the exis-
tance or threatened existence of a disaster and the term-
ination 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;
B. To request the Mayor of the City Council to request
the Governor to proclaim a state of extreme emergency when
in the opinion of the Director the resources of the area or
region are inadequate to cope with the disaster;
C. To control and direct the effort of the Civil defense
and disaster organization of this City for the accomplishment
of the purposes of this ordin~.ce;
D. To direct coordination and cooperation between div-
isions, services and staff of the civil defense and disaster
organization of this City, and to resolve questions of author-
ity and responsibility that may arise between them;
E. To represent the civil defense and disaster organ-
ization of this City in all dealings with public or private
agencies pertaining to civil defense and disaster.
Section 6. Disaster and Emergency Powers of Director,
In the event of the proclamation of a disaster as here-
in provided, or the proclamation of a state of extreme emer-
gency by the Governor or the State Director of Civil Defense,
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 disaster; provided, however, such rules
and regulations must be confir med 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
the life and property of the people, and bind the City for
the fair value thereof and if required immediately, to co-
mmandeer the same for public use;
C. To require emergency services of any City officer
or employee and, in the event of the proclamation of 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 serve without compensation
from the City and shall be entitled to all privileges, bene-
fits and immunities as are provided by state law for regis-
tered civil defense and disaster worker volunteers;
D To requisition necessary personnel or material of
any City department or agency;
E. To execute all of the special powers conferred upon
him by this Ordinance or by resolution adopted pursuant there-
to; all powers conferred upon him by any statute, agreement
approved by the City Council, or by any other lawful authority
and to exercise complete authority over the City and to ex-
ercise all police power vested in the City by the general
laws.
Section 7. Civil Defense and Disaster Organization.
All officers and employees of this City, together with
those volunteer forced enrolled to aid them during a disaster,
and all groups,organizations and persons who may by agreement
or operation of law, including persons commandeered 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 organization of the City of Cupertino.
Section 8. Division, Services and Staff of the Civil
Defense and Disaster Organization.
The functions and duties of the Cupertino Civil Defense
and Disaster organization shall be distributed among such
divisions, services, and special staff as the City Council
shall prescribe by resolution.
Section Punishment of ~Tiolation
I~ shall be a misdemeanor, punishable by a fine of not
to exceed $500, or by imprisonment for not to exceed six
months, or 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 enforce-
ment of any lawful rule or regu:Lation issued pursuant to
this Ordinance, or in the perfo~:~rna.nce of any duty imposed
upon him by virtue of this Ordinance;
B. To do any act forbiddE~n by any ]awful rule or re-
gulation issued pursuant to thi~> 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 in-
habitants of this City, or to p~°event, hinder or delay the
defense or protection thereof;
C. To wear, carry or dis;~lay, without authority, any
means of identification specifiE~d by the civil defense and
disaster agency 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 sYiall take effect immediately.
The following is a statement of the facts showing its urgency:
The National Security Resources Board of the Federal
Government has published its pl~:n for the civil defense of
the country. The State of California, acting in accordance
with the Federal plan, has enacted and made immediately
effective the "Civil Defense Act; of 1950" . Both the
Congress and the Legislature hate adopted comprehensive
civil defense and disaster laws. Both Federal and State
plans contemplate immediate ado~~tion of such local legis-
lation as is necessary to put into- operation a coordinated
and effective civil defense and disaster program so that
each citizen and each community will be ready in the event
of a disaster to afford as comp7.ete protection as is pos-
sible to life and property. In order that the Ordinances
of this City relating to civil cLefense and disaster may be
brought into conformity with thE~ Federal and State plans at
the earliest possible date, it 9.s necessary that this Ordinance
take effect immediately.
Section 11. Severability
If any provision of this Or°d.inance or the application
thereof to any person or circum~>tances is held invalid, such
invalidity shall not affect othE~r provisions or applications
of the Ordinance which can be g3.ven effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared to be seti~erable.
POSTING CLAUSE Copy of thz.s Ordinance shall be posted in
at least three 3 public place: in the City of Cupertino within
fifteen (15) days after its passage as provided in Section
36933 of the Government Code of the State of California.
Introduced at a regular meE~ting of'the City Council of
the City of Cupertino on the 17t:h day of September, 1856.
Passed and adopted at a regular meeting of the Council of the
City of Cupertino on the 17th da.y of September, 1956, by the
following vote:
AYES: Councilmen, Wilson, ME~yerholz, Nathanson, Saich
NOES: Councilmen, None
ABSENT: Councilmen, LindenmeyE~r
Approved:
/s/ Warner M. Wilson
A st: / Mayor, City of Cupertino
City Clerk