Ordinance 475ORDINANCE NO. 475
AN ORDINANCE RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS
AND REPEALING ORDINANCE NO. 28 OF THE CITY OF CUPERTINO
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Purposes
The declared purposes of this 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 an emergency, the direction of the
emergency organization, and the coordination of the emergency functions of
this City with all other public agencies, corporations, organizations and
affected private persons.
Section 2. Definition
As used in this ordinance "emergency" 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- pollu-
tion, fire, flood, storm, epidemic, riot, or 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, personnel, equipment, and facilit - es
of this City requiring the combined forces of other political subdivisions to
combat.
Section 3. Disaster Council Membershi
The Cupertino Disaster Council is hereby created and shall consist
of the following:
A. The Mayor, who shall be Chairman.
B. The Director of Emergency Services, who shall be Vice Chairman.
C. The Director of Public Works, Chief Building Official, and City Clerk.
D. Such other persons as may be appointed by the Mayor with the
advice and consent of the City Council.
Section 4. Disaster Council Powers and Duties
It shall be the duty of the Cupertino Disaster Council, and it is
hereby empowered, to develop and recommend for adoption by the City Council
emergency and mutual aid plans and agreements and such ordinances and resolutions
and 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 meeting, upon call of the Vice Chairman.
Section 5. Director of Emergency Services
There is hereby created the Office of Director of Emergency Services.
The City Manager shall be the Director of Emergency Services.
Section 6. Powers and Duties of the Director of Emergency Services
The Director is hereby empowered to:
A. Request the City Council to proclaim the existence or threatened
existence of a "local emergency" if the City Council is in session,
or to issue such proclamation if the City Council is not in session..
Whenever a local emergency is proclaimed by the Director, the City
Council shall take action to ratify the proclamation within seven
(7) days thereafter or the proclamation shall have no further force
or effect.
B. Request the Governor to proclaim a "state of emergency" when, in
the opinion of the Director, the locally available resources are
inadequate to cope with the emergency.
C. Develop emergency plans with the assistance of emergency service
chiefs for consideration by the Disaster Council and manage the
emergency programs of this City.
D. Control and direct the effort of the emergency organization of
this City for the accomplishment of the purposes of this Ordinance.
E. Direct cooperation between and coordination of services and staff
of the emergency organization of this City; and resolve questions
of authority and responsibility that may arise between them.
F. Represent this City in all dealings with public or private agencies
on matters pertaining to emergencies as defined herein.
G. In the event of the proclamation of a "local emergency" as herein
provided, the proclamation of a "state of emergency" by the
Governor or the Director of the State Office of Emergency Services,
or the existence of a "state of war emergency" the Director is
hereby empowered to:
(1) Make and issue rules and regulations on matters reasonably
related to the protection of life and property as affected
by such emergency; provided, however, such rules and regu-
lations must be confirmed at the earliest practicable time
by the City Council;
(2) Obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and
property and to bind the City for the fair value thereof and,
if required immediately, to commandeer the same for public
use;
(3) Require emergency services of any City officer or employee
and, in the event of the proclamation of a "state of emer-
gency" in the County in which the City is located or the
existence of a "state of war emergency," to command the aid
of as many citizens of this community as he deems necessary
in the execution of his duties; such persons shall be en-
titled to all privileges, benefits, and immunities as are
provided by State law for registered disaster service workers;
(4) Requisition necessary personnel or material of any City
department or agency; and
- 2 -
(5) Execute all his ordinary powers as City Manager, all of
the special powers conferred upon him by this ordinance
or by resolution or emergency plan pursuant hereto adopted
by the City Council, all powers conferred upon him by any
statute, by an agreement approved by the City Council, and
by any other lawful authority.
Section 7. Emergency Organization
All officers and employees of this City, together with those volun-
teer forces enrolled to aid them during an emergency, and all groups, organiza-
tions, and persons who may by agreement or operation of law, including persons
impressed into service under the provisions of Section 6 G (3) of this ordinance,
charged with duties incident to the protection of life and property in this City
during such emergency, shall constitute the emergency organization of the City of
Cupertino.
Section 8. Structure, Duties and Functions of the Emergency Organization
The structure, duties, and functions of the Cupertino emergency
organization and the order of emergency succession to the position of Director
of Emergency Services, shall be adopted by resolution of the Citv Council.
Section 9. Mutual Aid
It is the purpose of the City Council in enacting this ordinance to
facilitate the rendering of mutual aid to and for the people of this City. Emer-
gency plans adopted and approved by the City Council shall provide for the inter-
change of mutual aid and for coordination with the emergency plans of the County
Operational Area.
Section 10. Expenditures
Any expenditures made in connection with emergency activities, in-
cluding mutual aid activities, shall be deemed conclusively to be for the direct
protection and benefit of the inhabitants and property of the City of Cupertino.
Section 11. Punishment of Violations
It shall be a"misdemeanor, punishable by a fine not to exceed five
hundred dollars ($500) or by imprisonment not to exceed six months, or both, for
any person during an emergency to:
A. Willfully obstruct, hinder, or delay any member of the emergency
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. Do any act forbidden by any lawful rule or regulation issued pur-
suant 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 protection thereof.
C. Wear, carry, or display without authority any means of identifi-
cation.specified by the emergency agency of the State.
- 3 -
Sect:~on 12~ Arp,~.al crf CanfZict:n~Or~ynac-.tt
_ ~..
Qrdinanc.,a No. 2El of the !:.try of CupeztinQ ~.s ee;ac~aled, pra~+ided
chat ft is Lt~e intent of t-.~e %ity t.ourtcil is ~9nacting thin arciinartct~ r.hgt it
st,sll bet ceftt~tideYe~d a rtvisic~a and currt.irsuFati.yn of the ordin,tr,r.•c re}~ealed by
zl-is UrBf.a~usce arcl the status of volur,teexs st-ai3 not fi+r egf~zcted by each re-
peal, nor s•lzail pl.zm+x rind a~cets~zcts, rui.es sr~d regrxlatiant~, ar resolutiaats
ad+~pted pu=srsmxrt to ae~rh rtpt~~T~td ordinaries be a~ffect+su? bar surh rept:al i~ettil
amended, siodified, Qr ~upexa~tded.
S~ectian 1.3. Effective. nett
3`hiaa ordinance sh.xll became effective thirty (30} days ~ :..m anc3
arfter its passage.
Sec.tian 14. Scveratbilit,f
If anp prov3sf,an of this or3inar,ce or the applf.cat:ton therec~#~ to
any person o;r circumstance is held inval3.d, such invalidity shall not affei:t
Anther provisiions ar applicaLiorts, and to this en,•3 the provisions cf t'ris ordir,-•
aazre ire deeiared to be severable.
'.t:'i"RODUCEA at a r~gulat meeting of the City Cc.Uncil of tP~e City of Cupertino uxr
the ~Ei;h• day of Jar:u~rY , 1.9)1, and f:i:ACTF.B at a rNgular neetSng of
tie City Cau:,cil on the ~~~.! c3ay of ~ ~aflUtc~X`Y __ _ , 1571, by thAe fallowing
.-Ate : _._
P.YES: L'ai,rncilmer, :h~'I t,~c;ex~a;ccl, ~ rol iciz, C.r~~ ~~n, Nae1, St~~kes
t:(1FS: Counrflcnen - ~c)ne
.=.tiSENT : Cnunci lr~en •- Nc:n~
AY ? xC w' ~: D: -r
_ /_~ < ~'
M;~~o.r, Ci.t3~ oT CupErt trio --.~_ _ _.___..__.
/ , /~
City • G t~e ; k ~j - ___..._.._........_._ ....~
I h,:reb1~ certifg that the City of Cupez' trio Qzdinance: I3c. '~_~~~
atr._che~d hereto isc a true and carrYCt ropy c: sair3 Ordinance which ;gas
berm pub.l ishpd or po~tPd pux'suant tc~ inv.
~~. E. ~R er,
Catty CI k
Section 12. Repeal of Conflicting Ordinance
Ordinance No. 28 of the City of Cupertino is repealed, provided
that it is the intent of the City Council in enacting this ordinance that it
shall be considered a revision and continuation of the ordinance repealed by
this ordinance and the status of volunteers shall not be affected by such re-
peal, nor shall plans and agreements, rules and regulations, or resolutions
adopted pursuant to such repealed ordinance be affected by such repeal until
amended, modified, or superseded.
Section 13. Effective Date
This ordinance shall become effective thirty (30) days from and
after its passage.
Section 14. Severability
If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications, and to this end the provisions of this ordin-
ance are declared to be severable.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on
the 4th. day of Januar , 1971, and ENACTED at a regular meeting of
the City Council on the 18th. day of January 1971, by the following
vote:
AYES: Councilmen - Fitzgerald, Frolieh, Green, Noel, Stokes
NOES: Councilmen - None
ABSENT: Councilmen - None
ATTEST:
-sl Wm. E. Ryder
City Clerk
APPROVED:
/s/ Gary G. Stokes
Mayor, City of Cupertino
•-4-
0