Ordinance No. 897
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ORDINANCE NO. 897
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON, CALIFORNIA, AMENDING CHAPTER 8 OF
THE VERNON MUNICIPAL CODE AND REPEALING
ORDINANCE NO. 886
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WHEREAS, the California Emergency Services Act, Chapter 7
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of Division 1 of Title II of the Government Code, was adopted
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by the State legislature in 1970; and
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WHEREAS, said Emergency Services Act required the
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City of Vernon to adopt an Emergency Services Ordinance; and
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WHEREAS, said Act contemplated that said Ordinance
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shall provide for the preparation and adoption of a City of Vernon
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Emergency Plan and an Emergency Operations Center Operation Plan;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
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DOES ORDAIN AS FOLLOWS:
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SECTION 1: Chapter 8 is hereby amended to read as
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18 "EMERGENCY ORGANIZATION AND FUNCTIONS
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SECTION 8.1. Definition.
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As used in this ordinance, 'emergency' shall mean the
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actual or threatened existence of conditions of disaster or of
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extreme peril to the safety of persons and property within this
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city caused by such conditions as air pollution, fire, flood,
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storm, epidemic, riot, or earthquate, or other conditions, in-
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cluding conditions resulting from war or imminent threat of
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war, but other than conditions resulting from a labor controversy,
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which conditions are or are likely to be beyond the control of
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the services, personnel, equipment, and facilities of this City,
1 requiring the combined forces of other political subdivisions to
2 combat.
3 SECTION 8.2. Purposes.
4 The declared purposes of this ordinance are to provide
5 for the preparation and carrying out of plans for the protection
6 of persons and property within this city in the event of an
7 emergency; the direction of the emergency organization; and the
8 coordination of the emergency functions of this city with all
9 other public agencies, corporations, organizations, and affected
10 private persons.
11 SECTION 8.3. Disaster Council Membership.
12 The Vernon Disaster Council is hereby created and shall
13 consist of the following:
14 (a) The Mayor, who shall be chairman and Chief Executive
15 Officer.
16 (b) The Director of Emergency Services, who shall be
17 Vice-Chairman.
18 (c) The Assistant Director of Emergency Services.
19 (d) Such Chiefs of Emergency Services as are provided
20 for in a current emergency plan of this city, adopted pursuant
21 to this ordinance.
22 (e) Such representatives of civic, business, labor,
23 veterans, professional or other organizations having an official
24 emergency responsibility as may be appointed by the director
25 with the advice and consent of the City Council.
26 SECTION 8.4. Disaster Council Powers and Duties.
27 It shall be the duty of the Vernon Disaster Council, and
28 it is hereby empowered, to develop and recommend for adoption by
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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 8.5.
Chief Executive Officer.
There is hereby created the office of Chief Executive
Officer. The Mayor shall be the Chief Executive Officer.
SECTION 8.6. Powers and Duties of the Chief Executive
Officer.
(a) The Chief Executive Officer 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 Chief Executive Officer, 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.
(2) Request the Governor to proclaim a 'state of
emergency' when, in the opinion of the Chief Executive Officer,
the locally available resources are inadequate to cope with the
emergency.
SECTION 8.7. Director and Assistant Director of
Emergency Services.
(a) There is hereby created the office of director of
emergency services. The City Administrator shall be the Director
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of Emergency Services.
(b) There is hereby created the office of Assistant
Director of Emergency Services, who shall be appointed by the
Director.
SECTION 8.8. Powers and Duties of the Director and
Assistant Director of Emergency Services.
(a) The Director is hereby empowered to:
(1) Assume the duties of the Chief Executive
Officer in the event the Chief Executive Officer is unavailable
to attend meetings and otherwise perform his duties during an
emergency.
(2) Request the City Council to proclaim the
existence or threatened existence of a 'local emergency' if the
City Council is in session.
(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 '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',
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1 the Director is hereby empowered:
2 (a) To make and issue rules and regulations
3 on matters reasonably related to the protection of life and
4 property as affected by such emergency; provided, however, such
5 rules and regulations must be confirmed at the earliest practicabl
6 time by the Chief Executive Officer and the City Council;
7 (b) To obtain vital supplies, equipment,
8 and such other properties found lacking and needed for the pro-
9 tection of life and property and to bind the city for the fair
10 value thereof and, if required immediately, to commandeer the
11 same for public use;
12 (c) To require emergency services of any
13 city officer or employee and, in the event of the proclamation of
14 a 'state of emergency' in the county in which this city is
15 located or the existence of a 'state of war emergency' to command
16 the aid of as many citizens of this community as he deems
17 necessary in the execution of his duties; such persons shall be
18 entitled to all privileges, benefits and immunities as are pro-
19 vided by state law for registered disaster service workers;
20 (d) To requisition necessary personnel or
21 material of any city department or agency; and
22 (e) To execute all of his ordinary power as
23 City Administrator, all of the special powers conferred upon him
24 by this ordinance or by resolution or emergency plan pursuant
25 hereto adopted by the City Council, all powers conferred upon him
26 by any statute, by any agreement approved by the City Council, and
27 by any other lawful authority.
28 (b) The director of emergency services shall designate
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1 the order of succession to that office, to take effect in the
2 event the director is unavailable to attend meetings and otherwise
3 perform his duties during an emergency. Such order of succession
4 shall be approved by the City Council.
5 (c) The assistant director shall, under the supervision
6 of the director and with the assistance of emergency service
7 chiefs, develop emergency plans and manage the emergency programs
8 of this city; and shall have such other powers and duties as may
9 be assigned by the director.
10 SECTION 8.9. Emergency Organization.
11 All officers and employees of this city, together with
12 those volunteer forces enrolled to aid them during an emergency,
13 and all groups, organizations, and persons who may by agreement
14 or operation of law, including persons impressed into service
15 under the provisions of SECTION 8.8(a) subdivision (6) (c) of this
16 ordinance, be charged with duties incident to the protection of
17 life and property in this city during such emergency, shall con-
18 stitute the emergency organization of the City of Vernon.
19 SECTION 8.10. Emergency Plan.
20 The Vernon Disaster Council shall be responsible for
21 the development of the City of Vernon Emergency Plan, which plan
22 shall provide for the effective mobilization of all of the
23 resources of this city, both public and private, to meet any
24 condition constituting a local emergency, state of emergency, or
25 state of war emergency; and shall provide for the organization,
26 powers and duties, services, and staff of the emergency organi-
27 zation. Such plan shall take effect upon adoption by resolution
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1 SECTION 8.11. Expenditures.
2 Any expenditures made in connection with emergency
3 activities, including mutual aid activities, shall be deemed
4 conclusively to be for the direct protection and benefit of the
5 inhabitants and property of the City of Vernon.
6 SECTION 8.12. Punishment of Violations.
7 It shall be a misdemeanor, punishable by a fine of not
8 to exceed five hundred dollars ($500.00), or by imprisonment for
9 not to exceed six (6) months, or both, for any person, during an
10 emergency, to:
11 (a) Willfully obstruct, hinder, or delay any member
12 of the emergency organization in the enforcement of any lawful
13 rule or regulation issued pursuant to this ordinance, or in the
14 performance of any duty imposed upon him by virtue of this
15 ordinance.
16 (b) Do any act forbidden by any lawful rule or
17 regulation issued pursuant to this ordinance, if such act is of
18 such a nature as to give or be likely to give assistance to the
19 enemy or to imperil the lives or property of inhabitants of this
20 city, or to prevent, hinder, or delay the defense or protection
21 thereof.
22 (c) Wear, carry, or display, without authority, any
23 means of identification specified by the emergency agency of the
24 State.
25 SECTION a.13. Repeal of Conflicting Ordinances.
26 Repeals Ordinance No. 886, dated June, 1978, providing
27 that it is the intent of the City Council in enacting this
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1 of the ordinance repealed by this ordinance, and the status of
2 volunteers shall not be affected by such repeal; nor shall plans
3 and agreements, rules and regulations, or resolutions adopted
4 pursuant to such repealed ordinance be affected by such repeal
5 until amended, modified, or superseded as provided in this
6 ordinance.
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SECTION 8.14. Effective Date.
8 This ordinance shall become effective thirty (30) days
9 from and after its passage.
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SECTION 8.15. Severability.
11 If any provision of this ordinance or the application
12 thereof to any person or circumstance is held invalid, such in-
13 validity shall not affect other provisions or applications, and
14 to this end the provisions of this ordinance are declared to be
15 severable."
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SECTION 2: There being no newspaper printed, published
17 and circulated in the City of Vernon, the City Clerk is hereby
18 directed to certify to the passage of this Ordinance and shall
19 post the same or cause the same to be posted in three (3) of the
20 most public places in the City of Vernon, to wit: The northwest
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corner of 38th Street and Santa Fe Avenue, the northeast corner
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of Leonis Boulevard and Pacific Boulevard, and on the bulletin
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board in the lobby of the City Hall of said City, located at
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4305 Santa Fe Avenue, all in the City of Vernon, County of Los
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Angeles, State of California; that this Ordinance shall be in full
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force and effect thirty (30) days from and after said posting.
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APPROVED AND ADOPTED this 18th day of March, 1980.
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^:~:.'E~"'</;';" i/ ~,' .,,;..// (::"'~?,,,., ~~/>',,'-"~,""'i)',' ,.,/'~'t <>" 2/</:;. .i
. LEONIS C. MALBUt{G, Mayo;!
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
55.
2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 897
, was duly and regularly introduced
7 at a regular meeting of the City Council of the City of Vernon,
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held on
, and thereafter finally adopted
March 18, 1980
9 at a regular meeting of said City Council held on
Apri 1 8, 1980
, by the following vote:
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Councilmen :McCorm i ck, Kaese r, Gonza I es, Ybarra ,Ma 1 bu rg
AYES:
NOES:
Councilmen:
None
ABSENT:
Councilmen:
None
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Bruce V. Malkenhorst, City Clerk
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AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
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3 COUNTY OF LOS ANGELES) SS
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4 CITY OF VERNON )
5 I, BRUCE V. HALKENHORST, City Clerk of the City
6 of Vernon, do hereby certify that I did, on the 10th day of
7 Apri 1 ~, 19~, post three (3) copies of Ord. No. 897
8 AmAnnin9 r.h~p~r 8 of Vernon Mun. Code and Repealing Ord. No. 886
9 one in each of the following places, to wit: At the northvvest
10 corner of 38th Street and Santa Fe Avenue, at the northeast cor-
11 ner of Leonis Bo~levard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this lath day of
Apri 1
1980 .
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~~~p.
BRUCE V. ~~LKENHORST, City Clerk
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Subscribed and sworn to before me
this 22nd day of Apri 1 , 19~~.
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Notary P blic in nd or the County of
Los Angeles, State of California.
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h~r'o~7r LOS ANGELES COUNTY \i
~~ili~t~~ f\.,y comm. expires APH -6~ ~~~~_...J!
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4305 Santa Fe Avenue, Vernon, Ci~ 'JOUJb
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