HomeMy WebLinkAbout1323ORDINANCE N0. 13?3
AN ORDINANCE PROVIDING FOR THE PREPARATION AND CARRYING
OUT OF CIVIL DISASTER PLAN FOR BUTTE COUNTY; PROVIDING
FOR COORDINATION OF CIVIL DISASTER FUNCTIONS OF THE
COUNTY OF BUTTE, THE CITIES OF CHICO, OROVILLE, GRIDLEY
1 AND BIGGS, AND OTHER PUBLIC AGENCIES WITHIN SAID COUNTY;
PROVIDING A PENALTY FOR VIOLATIONS THEREOF; AND AMENDING
2 SECTIONS $-1 THROUGH 8-11 OF, AND ADDING SECTION 8-12 T0,
THE BUTTE COUNTY CODE
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4 The Board of Supervisors of the County of Butte does ordain a
5 follows:
6 to That Sections 8-1 through 8-ll of the Butte County Code
7 are hereby amended to read as follows:
8 SECTION 8-1. PURPOSESo The declared purposes of this chapte
9 are to provide for the preparation and carrying out of plans for th
l0 ;protection of persons and property within the County of Butte in th
].1 'event of an emergency, the direction of the Civil Disaster Organiza
12 ition and the coordination of the emergency functions of the County
13 of Butte with the cities of Chica, Oroville, Gridley and Biggs, and
I4 all other affected public agencies, corporations, organizations and
15 private persons within the County of Butte.
16'' SECTION 8-2. DEFINITIONS. For the purposes of this chapter,
17 the following words and phrases shall have the meanings respective)
18 ascribed to them by this section: .
19 A. Butte County Civil Disaster Operational Area. The
20 unincorporated areas of the County of Butte and the incorporated
21 areas of the cities of Chico, Oroville, Gridley and Biggs.
22 ' B. Cities. The cities of Chico, Oroville, Gridley and Biggs
23 C. Civil Defense. The preparation for the carrying out of
24 'a11 emergency functions, other than functions for which the militax
~ forces are primarily responsible, to prevent and minimize injury
26 and damage resulting from disasterso
Do Local Emergency, The duly proclaimed existence of
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disaster or of extreme peril to the safety of persons and property
within the territorial limits of the County of Butte, caused by
such conditions as air pollution, fire, flood, storm, epidemic,
riot, earthquake or other conditions, 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 facilities of the County of Butte and require the
comJ~ined forces of other political subdivisions to combato
E. National Plano The national plan for civil defense
promulgated by the President of the United States for implementa-
tion in the event of a national disastero
F, Service Chief, Any person who has been appointed in
accordance with this chapter, and who controls and directs individ
uals or employees performing emergency functions such as law
enforcement, fire, medical and health, emergency welfare, and
other public services in the protection of life and property
within the Butte County Civil Disaster Operational Area;
Go State Emergency Plan, The California Emergency Plan as
approved by the Governor.
Uo State of Emergencyo When duly proclaimed by the Governo
or the Director of the Office of Emergency Services, the existence
of conditions of disaster or of extreme peril to the safety of
persons and property within the state, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, earthquake
or other conditions, other than conditions resulting from a labor
controversy or conditions causing a "state of war emergency",
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which conditao.ns, by reason of their magnitude, are or are likely
to be beyond the control of the services, personnel, equipment and
facilities of any single county, city and county, or city,.and
require the combined forces of a mutual aid region or regions to
combato
I. State of War Emergencyo The condition which exists.
immediately, with or without a proclamation thereof by the Governo ,
whenever this state or nation is attacked by an enemy of the Unite
States, or upon receipt by the state of a warning from the federal
government indicating that such an enemy attack is probable or
imminent.
SECTION $--3. CIVIL DISASTE~t COUNCIL MEMBERSHIP. The Butte
County Civil Disaster Council is hereby created and shall consist
of the following:
A. Two members of the Board of Supervisors of the County, o e
of whom shall be the chairman of the Board of Supervisors r~no shall
serve as chairman of the Civil Disaster Council.
Bo The Deputy Director, Butte County Civil Disaster, who
shall serve as vice-chairman of the Civil Disaster Council.
Co The Mayor of the each city in the county, or councilman
selected by the Mayor of each city.
Do The Sheriff.
Eo The county Superintendent of Schoo and
F. The County Administrative Officer,/the City Manager or
other administrative employee, as determined by each city council,
who shall serve as a-s ex-officio member`of the Civil Disaster Council
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without voted
SECTION 8-4. CTVIL DISASTER COUNCIL POWERS AND DUTIES. It
shall be the duty of the Butte County Civil Disaster Council, and
it is hereby empowered, to review and recommend for adoption by
the Board of Supervisors emergency and mutual aid plans and
',agreements and such ordinances and resolutions and rules and
regulations as are necessary to implement such plans and agree-
ments. The members of the Civil Disaster Council shall elect
such officers, other than the chairman a`nd vice-chairman, as they
deem necessary and they shall prescribe their own rules of procedur
The Civil Disaster Council shall meet upon call of the chair man or,
in his absence from the county or inability to ca11 such a meeting,
upon the call of the vice-chairman.
SECTION $-5. DIRECTOR OF BUTTE COUNTY CIVIL DISASTER;
POWERS AND DUTIESo There is hereby created a position of Butte
County Director of Civil Disastero The director shall be the
chairman of the Butte County Board of Supervisors.
The Director is hereby empowered:
A. To request the Board of Supervisors to proclaim the
existence or threatened existence of a "local emergency" and the
termination thereof. If the Board of Supervisors is not in
session, the Director may issue such proclamation; provided, howeve
that such a proclamation issued by the Director shall not remain ir.
effect for a period in excess of seven (7) days unless it is
(ratified by the Board of Supervisors.
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B. With the approval of the Civil Disaster Council, to
request the Governor to proclaim a "state of emergency " when, in
the opinion of the council, the resources of the area or region
are inadequate to cope with the emergencyo
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Co To control and direct civil disaster activities and
effarts for the accomplishment of the purposes of this chaptero
D. To direct coordination and cooperation between
divisions, services and staff of the civil disaster organization
of this county and to resolve questions of authority and responsi-
bility that may arise between theme
E. To represent the civil disaster organization in all
dealings with public ar_°private agencies pertaining to civil.
defense and disaster.
F. To appoint service chiefs subject to the approval of
the Civil Disaster Council; provided, however, the service chiefs
so appointed shall, insofar as possible, be employees who hold
regular administrative positions with appropriate governmental
agencies,
G. Prescribe in writing the duties of any assistants
provided him and the duties of chiefs of services, in confor~rance
with the Butte County Emergency Plan, Su:h duties may be changed
from time to time by the Director, particularly for the purpose of
conforming to recommendations of the Director of the California
Office of Emergency Services or the Federal Defense Civil Prepared
Hess Agency.
SECTION 8-6o DISASTER AND EMERGENCY POWERS OF THE DIRECTOR.
In the event of the proclamation of a "local emergency" as herein
provided, or the proclamation of a "state of emergency" by the
Governor or the Director of the California Office of Emergency
Services, or the existence of a "state of war emergency", the
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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 emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time
by the Board of Supervisors.
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 county for the fair value thereof
and, if required immediately, to commandeer the same for public
use.
C. To require emergency services of any county officer
or employee and, in the event of the proclamation of a "state of
emergency" in the county or the existence of a "state of war
.emergency", to.~command the aid of as many citizens of the County
of Butte 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 disaster
service workers.
D. To requisition necessary personnel or material of any
county department or agency.
E. To execute all of his ordinary power as Chairman of the
Board of Supervisors, all of the special powers confered upon him
by this chapter or by resolution or emergency plan adapted pursuan
to this chapter by the Board of Supervisors, all powers conferred
upon him by any statute, by any agreement approved by the Board
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1 of Supervisors, and by any other lawful authority.
2 SECTION 8-7. DEPUTY DIRECTOR BUTTE COUNTY CIVIL DISASTER'
3 POWERS AND DUTIES. There is hereby created the position of Deputy
4 Director, Butte County Civil Disastero The individual so selected
6 shall be responsible to the County Administrator for the day-to-day
e management of the Civil Disaster program.
7 His powers and duties are:
$ Ao To coordinate the activities of a1i civil defense
9 services both in pre-emergency planning, during an emergency, and
10 in post-emergency activities by functioning as the chief staff
11 officer to the Director, Butte County Civil Disastero
12 B. To serve as vice-chairman of the Civil Disaster Council.
13 C, To organize and develop the Butte County Civil Disaster
14 program.
15 D. To carry out any of the duties delegated to him by the
16 Director.
17 Eo To administer the regular office staff of the Butte
18 County Civil Disaster Office.
19 E. To prepare a budget and to submit such budget to the
2Q Butte County Administrative Officer at the time specified.
21 G. To prepare and maintain the basic emergency plan for
22 Butte County and to submit such plan to the Civil Disaster Council
23 for approvalo Such plan shall be consistent with the State and
24 National Emergency Planso Such county emergency plan shall provid
26 for the effective mobilization of all of the resources of the
26 County, both public and private, to meet any condition constitutin
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a local emergency, state of emergency, or state of war emergency
I! and shall provide for the organization, powers and duties, service:
and staff of the emergency organization.
H. To assist service chiefs in the preparation of sexviee
annexes, and to make recommendations thereon to the Civil.`Disaster
Council.
I. To submit a Butte County program paper annually and
progress reports at least semi-annually to the California O~f.i•ce
of Emergency Service.
.I. To .prepare and submit all civil defense reports required
by the Civil Defense agencies of the Federal Government and the
State of California.
K. To review and approve or disapprove applications of
several jurisdictions within, the Butte County Civil Defense
Operational Area participating in -the Federal Contributions and
Surplus Property programs, and to maintain inventories of such
'equipment, Those cities desiring to carry out their own programs
in this regard shall do so.
L. To develop civil defense plans and capabilities in such
areas as are not normally a function of any particular department
of the county or cities of Chico, Oroville, Gridley, or Biggs,
and to make recommendations regarding such plans to the Disaster
Counciio
SECTION 8-8. CIVIL DISASTER ORGANIZATIONo All officers and
employees of the County of Butte, together with those volunteer
.forces enrolled to aid them during an emergency, and all groups,
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organizations and persons who may by agreement or operation of law,
including persons impressed into service under the provisions of
Section 8-6 of this chapter,; be charged with duties incident to
the protection of life and property during such emergency shall
constitute the Butte County Civil Disaster Organization and shall
accept and discharge such duties and responsibilities as they may
be assigned.
.SECTION 8-9, DIVISIONS SERVICES AND STAFF OF THE BUTTE
COUNTY CIVIL DISASTER ORGANTZATION. The functions and duties of
,Butte County Civil Disaster Organization shall be distributed
'among such divisions, services and special staff as the Butte
County Civil Disaster Council shall prescribe by resolution,
subject to the approval of the Board of Supervisors.
SECTION 8-10. PROHIBII`ED ACTS; PENALTY. It shall be a
misdemeanor, punishable by a fine of not to exceed FIVE HUNDRED
and 00/100 DOLLARS ($500000), or by imprisonment for not to
exceed six (6) months, or both, for any person during a state of
war emergency, state of emergency or local emergency:
A. Willfully to obstruct, hinder or delay any member of the
Butte County Civil Disaster Organization in the enforcement of any
lawful rule or regulation issued pursuant to this chapter, or-in th
performance of any duty imposed upon him by virtue of this chapter
B. To do any act forbidden by any lawful rules or
regulations issued pursuant to this chapter, 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 the
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1 County of Butte, or to prevent, hinder, or delay the defense or
2 protection thereofo
3 C. To'~weap,carry or display without authority any means of
4 identification specified by the emergency agency of the state or
5 by the County of Butte for use by the Civil Disaster Organization.
8 SECTION 8-11. EXPENSEo The expense of the Civil Disaster
7 program not otherwise paid for by federal and state agencies
8 'shall be borne by the countyo Any expenditures made in connection
9 with emergency activities, including mutual aid activities, shall
10 be deemed conclusively to be for the direct protection and benefit
I1 of the inhabitants and property of the County of Butte.
12 0 20':. Secton.;'8-12 is added to Chapter 8 of the Butte County
13 Code to read as follows:
14 SECTION 8-12. SEVERABILITY. If any provision of this
15 chapter or the application thereof to any person or circumstance
18 is held invalid, such invalidity shall not affect other provisions
17 or applications, and to this end the provisions of this chapter
18 are declared to be severable.
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24 This ordinance shall take effect thirty (30) days after
21 the date of its adoption, and before the expiration of fifteen
22 (15) days after its passage, it shall be published with the names
2~ of the members voting for and against the same, once, in a news-
24 paper published in the County of Butte, State of Californian
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PASSED AND ADOPTED by the Board of Supervisors of the
.County of Butte, State of Galifoxna, this 30th day of~7anuar.Y
1973, by the following vote:
AYES: Supervisors Cameron, Gilman, Ladd, I1~~adigan and Chairma
T,reKill.op
NOES::. I~lone
ABSENT: None
NOT VOTING: None ~ '
CK McKILL P, C airman o t e
oard of Supervisors
ATTEST:
CLARK A, NELSON, County Clerk and
ex-officio Clerk of the Board
By ` ~ _.
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