HomeMy WebLinkAboutOrdinances - No. 952ORDINANCE NO. 952
AN ORDINANCE ESTABLISHING AND REGULATING THE
CITY OF LODI EMERGENCY SERVICES COUNCIL AND
REPEALING ORDINANCE NO. 64.2.
The City Council of the City of Lodi does ordain as follows:
Sectionl. 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 alt other
public agencies, corporations, organizations, and affected private
i3e r s on s .
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 pollution, fire, flood,
storm, epidemic, riot, or earthquake, or other conditions, including
conditions resulting from war or imminent threat of war which conditions
are or are likely to be beyond the control the the services, personnel,
equipment, and facilities of this city, requiring the combined forces
of other political subdivisions to combat. It shall not include nor
does any provision of this ordinance apply to any condition relating
to a labor controversy.
Section 3. Emergency Services Council Membership. The
City of Lodi Emergency Services Council is hereby created and shall
consist of the following:
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A. The Mayor who shall be the Chairman.
B. The Director of Emergency Services who shall be
Vice Chairman.
C. The Coordinator of Emergency Services.
D. All Chiefs of Emergency Services as are provided for in
a current Emergency Services Operations Plan of this
city, adopted pursuant to this ordinance.
E. Such rep re sen tatives of municipalities , civic, prof e s sional
and industry organizations having an official responsibility
as may be appointed by the Director with the advice and
consent of the City Council.
Section 4. Emergency Services Council Powers and Duties.
It shall be the duty of the City of Lodi Emergency Services 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 Emergency
Services 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 and Coordinator of Emergency Services.
A. There is hereby created the office of Director of Emergency
Services. The City Manager shall be the Director of
Emergency Services.
B. There is hereby created the office of Coordinator of
Emergency Services. The Assistant City Manager shall
be the Coordinator of Emergency Services.
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Section 6. Power and Duties of the Director.
A. The Director is hereby empowered to:
1. 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 7 days thereafter or the
proclamation shall have no further force or effect.
2. Request the Governor to proclaim a "state of emergency"
when, in the opinion of the Director, the locally
available resources are considered to be inadequate
to cope with the emergency.
3. Control and direct the effort of the emergency
organization of this city for the accomplishment of
the purposes of this ordinance.
4. 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.
5. Represent this city in all dealings with public or
private agencies on matters pertaining to emergencies
as defined herein.
6. In the event of the proclamation of a Illocal 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:
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a. To 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 regulations must be
confirmed 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 life and property and to bind the
city for the fair value thereof and, if required
immediately, to commandeer 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 emergency" in the city or the
existence of a "state of war emergency," to
command the aid'of as many citizens of this
city as he deems 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 emergency
service workers ;
d. To requisition necessary personnel or materid
of any city department or agency; and
ef To execute all of his ordinary power 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
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B.
C.
City Council, all pavers conferred upon him by
any statute, by any agreement approved by the
City Council, and by any other lawful authority.
The Director of Emergency Services shall be succeeded
by the Coordinator of Emergency Services in the event
that the Director is unavailable or unable to perform his
duties during an emergency. In such order of succession
the Coordinator shall assume all powers and duties as
conferred heretofore upon the Director.
The Coordinator of Emergency Services shall, under
the supervision of the Director and with the assistance
of Emergency Service Chiefs, develop emergency plans
and manage the emergency programs of this city; and shall
have such other powers and duties as may be assigned
by the Director.
Section 7. Emergency Organization. All officers and employees
of this city, together with those volunteer forces enrolled to aid them
during an emergency, and all groups, organizations, and persons
who may by agreement or operation of law, including persons impressed
in,to service under the provisions of Section 6.A,6c of this ordinance,
be charged with duties incident to tk protection of life and pwoperty
in this city during such emergency, shall constitute the emergency
organization of the City of Lodi.
Section 8. Emergency Plan. The City of Lodi Emergency
Services Council shall be responsible for the development of the City
of Lodi Emergency Operations Plan, which plan shall provide for the
effective mobilization of all of the resources of this city, both public
and private,
state of emergency, or state of war emergency; and shall provide for
to meet any aondition constituting a local emergency,
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the organization, powers and duties, services, and staff of the
emergency organization. Such plan shall take effect upon adoption
by resolution of the City Council.
Section 9. Expenditures. 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 Lodi.
Section 10. Punishment of Violations. It shall be a misde-
meanor for any person, during a state of war emergency, state of
emergency, or local 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 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 inhabi-
tants of this city, or to prevent, hinder, or delay the
defense or protection thereof.
C. Wear, carry, or display, without authority, any means
of identification specified by the emergency agency of
the State.
Section 11. Repeal of Conflicting Ordinances. Ordinance
No. 642 is hereby repealed. It is further provided, however, that it
is the intent of the City Council in enacting this ordinance so that it
shall be considered a revision and continuation of the ordinance
repealed by this ordinance, and the status of volunteers shall not be
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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 ordinances be affected by such repeal until
amended, modified, or superseded as provided in this ordinance.
Section 12. Effective Date. This ordinance shall become
effective thirty (30) days from and after its passage.
Section 13. Severability. If any provision of this ordinance
or the application thereof to any person or circumstance is held
invalid, such invalidability shall not affect other provisions or appli-
cations, and to this end the provisions of this ordinance are declared
to be severable.
Section 14. This ordinance shall be published one time
in the "Lodi News-Sentinel, '' a daily newspape r of a general circulation,
printed and published in the City of Lodi, and shall be in force and
take effect thirty days from and after its passage.
Approved this 2nd day of June, 1971
WALTER J. KATNICH. Mavor
-2 L. Bennett'
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St ate of California,
County of San Joaquin, ss.
I, Bessie L. Bennett, City Clerk of the City of Lodi, hereby
certify that Ordinance No. 952 was introduced at a regular meeting of
the City Council of the City of Lodi held May 19,
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held June 2, 1971 by the following vote:
1971 and was
Ayes: Councilmen - EHRHARDT, HUGHES, KERSTEN,
SCHAFFER and KATNICH
Noes: Councilmen - None
Absent: Councilmen - None
I further certify that Ordinance No. 952 was
approved and
and the same
signed by the
has been pub1
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