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Home My WebLink AboutORD 116ORDINANCE NO. 116 <`. E AN OWMAM OF "K CITT OP PALM DESERT CALIPORNIA, PIVVID- INO FM TMi ADMINIMATION OF DISASTSR WIRATION AM RELIE! IN in CITY 0! PALM DSSERT, TM City Council of the City of Pais Desert, County of Riverside, State of California, DOES ORDAIN as follows: ARTICLE I. GENERAL PURPOSES Section 1.1 The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the pro - %action of persons and property within the City of Palm Desert in the event of the emergency conditions herein6_ter referred to; the s direction of the disaster organization and the coordination of the disaster functions of the City of Palm Desert with the County of Riverside and with all other public agencies, corporations, organ- isations and affected private persons. ARTICLE II. DEFINITIONS Section 2.1. 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, store, epidemic, riot, 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, regular personnel, equipment and facilities of this City and which may require the combined fares@ of other political jurisdictions to combat. Section Z.Z. Other terms used herein shall have meanings as used in the California Emergency Services Act. ANTICLI III. DISASTER COUNCIL $nation 3.1. It shall be the duty of the Disaster Council, and it to hereby empowered, to cause to be developed and recommend for adoption by the City Council emergency and mutual aid plans and agreements sad such ordinances, resolution@, rules and regula- tions as are necessary to implement such pi AHENDLD air oromma ...l..j ......_.. DATED: ... Ordinance no. 116 bloater 0e42011 *hall Met apes call of the Chairman, at is his f &boM MM lt4ti the City or iaability to call such a meetiago upon the .. w Sall Ot the vies-Chalma. tleot o E.i. The City of Palo Desert disaster Council con - *lets of the following persons: a. The Mayor, who shall be its Chairman; b. A representative from the medical profession to be nom- inated by the administrator of Eisenhower Medical Center and appointed by the City Council; c. A representative from the communications profession to be appointed by the City Council, d. A representative from the College of the Desert to be nominated by the College provident and appointed by the City Council; e. One member to be nominated by the American National Red Cross and appointed by the City Council; f. One additional citizen of the City of Palm Desert as the City Council may appoint,to be "member at large"; C. The City Manager, who shall be Secretary. Section 3.3. The Disaster Council shall have power to: a. Elect a Vice -Chairman and such other officers as it may deem necessary; b. Enact its own rules and procedures; c. Review and recommend for adoption by the City Council disaster and mutual aid plans and agreements. ARTICLE IV. DISASTER PREPAREDNESS FUNCTIONS Section 4.1. Pre -disaster preparedness functions as des- cribed in Joint Powers Agreement for the City of Palm Desert will be accomplished by the Riverside County Office of Disaster Prepared- ness under contract to the City. Section 4.2. The services to be provided by the County Office of Disaster Preparedness includes, but is not limited to, preparation of general plan, annexes thereto and communications Planning reports. ARTICLE V. EMSROENCT CORN seotios 5.1. A Palo Desert YMrgency Corps shall be activated and shall function as a disaster relief body only: a. Up" the existence of a "state of war" emergency; b. Upon the declaration by the 0overnor of the State of California, or of persons authorised to act in his -'- stead, of a "state of rosrdeaoy"► affecting and inelud- log the City of Palm Desert= 6% Vpoa the deciaratioa of a "local emergency" by the City Council of the City of Palm Desert or by Persons herein tutbovised to act in its stead; d. Whoa affirmative response is made to the County of Riverside to join in a "local emergency" declared by the County. Section $.So A "local emergency" may be declared for good 1 { l%i�( 7i and sufficient reason by tbo/Co4sell, or if the Council is not in sessica, by: a. Mayor; b. City manager; c. Chief of Police; d. Dire Chief; e. City Engineer. When.ever a "local emergency" is proclaimed by other than the 4 uj �Y %uncil, the"Juncil shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. a�J/ Section 5.3. The�Cduncil shall review, at least every fourteen (14) days, until such "local emergency" is terminated, the need for continuing the "local emergency" and shall proclaim the termination of such "local emergency" at the earliest possible date the conditions warrant. Section 5.4. The City manager shall be the Emergency Corps Commander. in the absence or inability of the City manager to act, be shall automatically be succeeded as Emergency Corps Commander by the following officials in the order named: a. mayor b. Vice mayor e. City engineer Section 5.5, Daring a declared emergency &floating the City of Palm Desert, the Emergency Corps Commander shall, to the extent be deems necessary, have complete authority over all agencies of the City dovornment and the right to exercise within the area designated all police powers vested in the City by the Constitution and laws of the state of California in order to effectuate the purpose of this ordinance. He may direct all agencies of the City -a- Ordinance, No. TU6 `fix. ` Os+wlMNt to etilin cad e00101 City personnel, equipment o and s. taeilitiM fe! the performaace of any and all activities designed to prevest or alleviate actual or threatened damage due to the sumig *y. Any agencies so directed by the+ Emergency Corps Commander w .atp 4 my of the monies which have been appropriated to it in performiag such activities irrespective of the particular purpose for wbiob the money was appropriated. Any expenditures made in oonsectiou with emergency activities, including mutual aid activities, *ball be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Pais Desert. 0*161 nrsements will be made to any City budgeted function for expen- ditures incurred if the funds of that function are subject to Constitutional restrictions which would normally prohibit their use for such purposes. Section 5.6. In addition to the powers granted herein, the Emergency Corps Commander shall have such powers incidental to the performance of his duties as said Commander as may be necessary to allow him to carry out the Bmergency Operations Plan of the City of Pala Desert, it being the intent that the enumer- ated powers herein are not intended to be limitations upon his powers. ARTICLE VI. CITY COUNCIL Section 6.1. During the existence of a declared emergency affecting the City of Palm Desert, the Council shall be considered to be in continuous session. Section 6.2. During a "declared emergency" the Council say promulgate orders and regulations necessary to provide for the protection of life and property including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations *ball be is writing and shall be given widespread publicity and sets". ARTICLS TH. PRIVILIGN AND IMMUNITIEa Vic_ floc M. Tim City *ball not be liable for any claim based wpm the exercise or performance or the failure to exercise W4W .; . Ordinance 140. f 16 `� Or lerietr a dlkeretleeary tUGtics or duty OR the part of any em6►ley� Ot the Mr. tz" INetieu !._!. Volunteers duly registered with the City Disaster Council or unregistered persons duly pressed Into service *aria# say declared emergency affecting the City of palm Desert in oarryiag out, complying with, or attempting to comply with, any order or regulation issued pursuant to the provisions of this ordin- ance while performing any of their authorised functions or duties shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the City of pals Desert. ARTICLE VIII. PENALTIES Section 5.1. It shall be a misdemeanor and shall be punish- able by a fine of not more than $500.00 or by imprisonment for not more than six (6) months or both for any person during a disaster: a. To willfully obstruct, hinder, or delay any member of the City of Palm Desert Emergency Corps in the enforcement of any lawful rule, regulation or order Cissued pursuant to this ordinance or in the perform- ance of any duty imposed upon them by virtue of this ordinance; b. To do any act forbidden by any lawful rule, regulation or order 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 life or property or to prevent, hinder -or delay the defense or protection of persons or property; c. To wear, carry or display without authority any means or identification specified by the civil defense and/or disaster agencies of the Federal or State Oovernmeate, ARTICLE II{. 8MRABILITT section 4.1. If any section, subsection, clause or phrase of ibis ordinance is for any reason held to be unconstitutional or invalid, suck decision shall not affect the validity or constitu- tiosality of the remaining portions of this ordinance. -5. �< i1. ��'disada.lfo. 1L YS AVICt.! It AMP'!'ION >lastit�s l0.1, "0 City Clerk "ill certify as to the Pass - ago st this ordisascs WA cases the time to be posted as required by law. Tkis ordinance shall become effective thirty (30) days aft" !M date of its adoption. PAS=, APPW3= and ADOPTED by the City Council of the City of Pals Desert, California, this ,- Sth- day of April , 19", by the following rote: AYES: McPherson, Mullins, Newbrander, Seidler a Brush i nve : lone ASSM: !tone MAYOR ATTEST: 4 & " & 6.0:� lKARVET L. SURLAUNr, City Clerk City of Palo Desert, Califbrnia -8-