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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