Ord 0328-RELATING TO CIVIL DEFENSE AND DISASTERSORDINANCE No. 328
A TOWN ORDINANCE RELATING TO
CIVIL DEFENSE AND DI TER
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS 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 civil defense of persons and property within
phis town in the event of a disaster, and to provide for the
coordination of the civil defense and disaster functions of this
town with all other public agencies and affected private persons,
corporations and organizations. Any expenditures made in connec-
tion with such civil defense and disaster activities, including
mutual aid activities, shall be deemed conclusively to be for
the direct protection and benefit of the inhabitants and property
of the Town of Los Gatos.
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 prevent, minimize,
and repair injury and 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. Disasters. As used in this ordinance, the term
"disaster" shall mean actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm, epidemic, riot, earthquake or
other similar public calamity.
SECTION 3. CIVIL DEFENSE AND DISASTER COUNCIL.
Membership. The Los Gatos Civil Defense and Disaster
Council is hereby created and shall consist of the,following:
-1-
A. The mayor, who shall be chairman and the director
of civil defense and disaster.
B. The assistant director, who shall be vice-chairman
appointed by the mayor with the advice and consent of the Town
Council who, under the supervision of the director, shall develop
civil defense and disaster plans and organize the civil defense
and disaster program of this town, and shall have such other duties
as may be assigned by the director.
C. 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.
D. Such representatives of civic, business, labor, veterans,
professional or other organizations having an official group or
organization civil defense and disaster responsibility as may be
appointed by the mayor with the advice and consent of the Town
Council.
SECTION 4. CIVIL DEFENSE AND DISASTER COUNCIL.
POSTERS AND DUTIES. It shah be the duty of the Los Gatos
civil defense and disaster councils and it is hereby empowered,
to review and recommend for adoption by the town council, civil
defense and disaster and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are neces-
sary to implement such plans and agreements. The civil defense
and disaster council shall meet upon call of the chairman or in
his absence from the town or inability to call such meeting, upon
the call of the vice-chairman.
SECTION 16. DIRECTOR OF CIVIL DEFENSE AND DISASTER.
POWERS AND DUTIES. There is hereby created the office of
director of civil defense and disaster. The mayor shall be the
director of civil defense and disaster.
-2-
•
The director is hereby empowered.
.a T
A. To request the town council to proclaim the existence
or threatened existence of a disaster and the termination t hereof,
if the town council is in session, or to issue such proclamation
if the town council is not in session, subject to confirmation by
the town council at the earliest practicable time;
B. 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;
To control and direct the effort of the civil defense
and disaster organization of this town for the accomplishment of
the purposes of this ordinance;
D. To direct coordination and cooperation between divisions,
services and staff of the civil defense and disaster organization
of this town, and to resolve questions of authority and responsi-
bility that may arise between them;
E. To represent the civil defense and disaster organiza-
tion of this town in all dealings with public or private agencies
pertaining to civil defense and disaster.
SECTION 6.
In the event of the proclamation of a disaster as herein
provided, or the proclamation of a state of extreme emergency 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 regu-
lations must be confirmed at the earliest practicable time by the
town council;
B. To obtain vital supplies, equipment and such other
properties found lacking and needed for the protection of the life
-3-
0
and property of the people, and bind the town for the fair value
thereof, and if required immediately, to commandeer the same for
public use;
0. To require emergency services of any toim 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
town 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 be entitled to all privileges, benefits and
immunities as are provided by state law for registered civil
defense and disaster v,,,corker volunteers;
D. To requisition necessary personnel or material of
any town department or agency;
E. To execute all of his ordinary powers as mayor, all
Ji
of the special po%.ers conferred upon him by this ordinance or by
resolution adopted pursuant thereto, all powers conferred upon
him by any statute, agreement approved by the town council, or
by any other lawful authority, and in conformity with Section
35791 of the Government Code, to exercise complete authority over
the town and to exercise all police power vested. in the town by
the Constitution and general laws.
SECTION 7. CIVIL DEFE?TSE AND DISASTER ORGANIZATION.
All officers and employees of this town, together with
those volunteer forces enrolled to aid them during a disaster, and
all groups, organizations and persons who may.by agreement or oper-
ation of law, including persons pressed into service under the
provisions of Section E (c) of this ordinance, be charged with
duties incident to the protection of life and property in this
town during such disaster, shall constitute the civil defense and
disaster organization of the town of Los Gatos.'
i
0
SECTION 8. DIVISIONS. SERVICES AND STAFF OF THE CIVIL
The functions and duties of the Los Gatos civil defense
and disaster organization shall be distributed among such divisions,
services and special staff as the town council shall prescribe by
resolution.
The Town Council shall concurrently with the adoption of
this ordinance, adopt a resolution, which may be amended by reso-
_.,~lution from time to time, setting forth the form of organization,
establishment and designation of divisions and services, the
assignment of functions, duties and powers, the designation of
officers and employees. Insofar as possible, the form of organ-
ization, titles and terminology shall conform to the recommenda-
tions of the Federal government and the Civil Defense agency of
the State of California.
SECTION 9.
PUNISHLEN'
OF
VIOLATIONS. It
shall
be
a misdemeanor,
punishable by a
fine of not
to
exceed $504.00,
or by
imp
risonment
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 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. To do any act forbidden by any lawful rules or regula-
tions 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 inhabitants of this town,
or to prevent, hinder or delay the defense or protection thereof;
C. To wear, carry or display, YL!ithout authority,. any
means of identification specified by the civil defense and disaster
agency of the State.
_ v„
SECTION 10. REPEAL OF CC)HLICTING ORDIlUMTOES
Ordinance No. 297 of the Town of Los Gatos is hereby
repealed; provided, that it is the intent of the to=urn council
in enacting this ordinance that it shall be considered a revi-
sion and continuation of the ordinance repealed by this ordin-
ance, and the status of volunteers shall not be affected by such
repeal; nor shall civil defense and disaster mutual aid plans
and agreements., rules and regulations orresolutions adopted pur-
suant to such repealed ordinance be affected by such repeal until
r i
amended, modified, or superseded as provided in this ordinance.
SECTION 11. 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 shall take effect immediately.
The following is a statement of the facts showing its urgency:
The National Security Resources Board of the Federal
Government has recently published its plan for the civil defense
of the country. The State of California, acting in accordance
with the Federal plan, has enacted and ?jade immediately effective
the "Civil Defense Act of 1950." Both the Congress and the
Legislature have adopted comprehensive civil defense and disaster
laws. Both Federal and State plans contemplete immediate adoption
of such local legislation as is necessary to put into operation
a coordinated and effective civil defense and diaster program so
that each citizen and each community will be ready in the event
of a disaster to afford as complete protection as is possible to
life and property. In order that the laws of this town relating
to civil defense and disaster may be brought into conformity with
the Federal and State plans at the earliest possible date, it is
necessary that this ordinance take effect immediately.
-6-
SECTION 12. SEVMUBILITY.
If any section, sub-section, sentence, clause or phrase
of this ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance. The Torn
Council hereby declares that it would have passed this ordinance
and each section, sub-section, sentence, clause and phrase hereof,
irrespective of the fact that any one or more sections, sub-
sentences,, clauses, or phrases be declared invalid.
If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions. or applications of
the ordinance which can be given effect without the invalid pro-
vision or application, and to this end the provisions of this
ordinance are declared to be severable.
SECTION 13.
This ordinance shall be published once in the LOS GATOS
DAILY TIMES, a newspaper published in the Town of Los Gatos.
PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN DE LOS GATOS
AT A CONTINUED REGULAR MEETING OF THE `SOWN COUNCIL THEIRLEOF+, MELD
on the 26th day of February, 1951, by the following vote:
AYES: COUNCILMEN HAL BELYEN
H. F. BOONE
;#7 LLIAM E. MASON
JAS. F. THOMPSON
L. H. WRI 'HT
NOES: COUNCILMEN NONE
ABSENT: /Y /1FT4T /YTT4lTfwT NONE