Oceanside Municipal Code Ch. 9 Civil Defense

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within the city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of the city with all other public agencies and affected private persons.

(Ord. Code, § 4611)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Civil defense means 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.

Disasters means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

Expenditures means any expenditures made in connection 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 city.

Labor controversies shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

(Ord. Code, §§ 4610.1, 4610.2, 4610.11, 4612)

The Oceanside Civil Defense and Disaster Council is hereby created and shall consist of the following:

(a) Mayor. The mayor, who shall be chairman.

(b) City manager. The city manager shall be the director of civil defense and disaster, and shall be vice-chairman.

(c) Assistant director. The assistant director, appointed by the director with the advice and consent of the city council, who, under the supervision of the director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of the city, and shall have such other duties as may be assigned by the director.

(d) Deputy directors; chiefs. Such deputy directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter.

(e) Representatives of organizations. 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 city council.

(Ord. Code, §§ 4621 to 4626)

It shall be the duty of the Oceanside Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the city council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

(Ord. Code, § 4627)

The civil defense and disaster council shall meet upon call of the chairman or in his absence from the city or inability to call such meeting, upon the call of the vice-chairman.

(Ord. Code, § 4628)

There is hereby created the office of director of civil defense and disaster.

The city manager shall be the director of civil defense and disaster.

(Ord. Code, §§ 4631, 4632)

The director is hereby empowered:

(a) Proclaiming disaster. To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time.

(b) Proclaiming extreme emergency. 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.

(c) Coordination of activities. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of the city, and to resolve questions of authority and responsibility that may arise between them.

(d) Supervision and control. To control and direct the effort of the civil defense and disaster organization of the city for the accomplishment of the purposes of this chapter.

(e) Public relations. To represent the civil defense and disaster organization of the city in all dealings with public or private agencies pertaining to the civil defense and disaster.

(Ord. Code, §§ 4633 to 4638)

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) Promulgation of rules. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster.

(b) Confirmation of rules. To see that such rules and regulations are confirmed at the earliest possible practicable time by the city council.

(c) Purchases. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use.

(d) Conscription, etc., of workers. To require emergency services of any city 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 city 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 worker volunteers.

(e) Requisitions upon city. To requisition necessary personnel or material of any city department or agency.

(Ord. Code, §§ 4641 to 4647)

The director shall execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with section 38791 of the Government Code of the state, to exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws.

(Ord. Code, § 4648)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of section 9.8, subsection (d), be charged with duties incident to the protection of life and property in the city during such disaster, shall constitute the civil defense and disaster organization of the city.

(Ord. Code, § 4651)

The functions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

(Ord. Code, § 4652)

The city council shall concurrently with the adoption of this chapter adopt a resolution 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.

(Ord. Code, § 4653)

Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the civil defense agency of the state.

(Ord. Code, § 4654)

It shall be a misdemeanor for any person during a disaster:

(a) Obstruction of organization. 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 chapter, or in the performance of any duty imposed upon him by virtue of this chapter.

(b) Violation of rules. 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 city, or to prevent, hinder or delay the defense or protection thereof.

(c) Unauthorized use of insignia. To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the state.

(Ord. Code, §§ 4661 to 4664)