HomeMy WebLinkAbout526 - Coordinating War Activities•
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ORDINANCE NO. 526
The City of Newport Beach by
and through its City Council does
ordain as follows:
SECTION 1. DECLARATION
OF POLICY.
In view of the emergency creat-
ed by the present state of war,
and in order that the City of
Newport Beach, hereinafter called
one City, may best provide for
the common defense and promote
the general welfare of its inhab-
itants, it is hereby declared to be
the policy of the City that every
effort be made to coordinate and
supplement the ordinary peace-
time services of the City Gov-
ernment with the services of those
who will be. directly engaged in
taking measures against, or in
preparation for, air raids and
other war hazards and who will
also be engaged in such activities
as will stimulate the civilian par-
ticipation in the war effort. To
that end all persons mentioned
herein shall perform the duties
authorized or prescribed herein
and shall cooperate to the fullest
extent permitted by law with the
State, any of its agencies or in-
strumentalitics and the officers
or employees thereof, and with
the Federal Government, or any
agency or instrumentality there-
of, authorized to act with respect
to any such measures or activities.
It is hereby declared to he the
intent of the City that all pos-
sible steps be taken to coordinate
the war activities of the City with
the war activities of the State
and Federal Governments In
order to promote uniformity in
policy and action.
SECTION 2. DEPARTMENT
OF CIVILIAN DEFENSE.
There is hereby established
within the government of the
City of Newport Beach a depart-
ment to be known as the Depart-
ment of Civilian Defense, herein-
after referred to as the Depart-
ment, which shall consist of: (A)
a War Council; and (1) A Civil-
ian Defense Corps, (2) A Citi-
zens Service Corps. The Depart-
ment shall be subject to direction
and control by the War Council,
as hereinafter provided.
SECTION 3. WAR COUNCIL.
The War Council shall consist
of the Mayor, who shall be ex-
officio chairman, the Commander
of She Civilian Defensa Corps, the
Director of the Citizens Service
Corps, and the Coordimitor of the
War Council, which offices are
hereby created. In the event the
Mayor shall be Commander of the
Civilian Defense Corps, there shall
be an additional office of Deputy
Commander, the incumbent of
which shall be a member of the
War Council. Such offices shall
be filled by appointment by the
Mayor with the approval of the
City Council who shall also have
the power o° removal of any such
appointees. Any vacancy in the
War Council shall be filled in the
same manner as the original ap-
pointment thereto.
SECTION 4. POWERS AND
DUTIES OF WAR COUNCIL.
(4al To initiate, coordinate
and direct, except as Otherwise
provided by this ordinance, all ac-
tivities made necessary by the
war which directly affect the city
government or which require or-
ganized community action.
(4b) To prepare and recom.
mend for 'consideration by the
City Council, rules, regulations
or ordinances with respect to any
matter deemed by the War Coun-
cil essential to the war effort.
(4c) To enforce the lawful or-
ders, and comply with the re-
quests and recommendations of the
federal or state government or
any officer or agency thereof,
when specifically requested to do
so. Execpt as to the power grant-
ed in Section (4b) hereof, the
War Council may delegate any
of its powers, functions or duties
to the Coordinator for the War
Council, the Commander of the
Civilian Defense Corps, or the Di-
rector of the Citizens Service
Corps.
(4e) To request, and upon ap-
proval by the department head in
charge thereof, to obtain the
transfer of municipal personnel
or property, on either a tempor-
ary or permanent basis from any
other department of the city gov-
ernment.
(4f) To prepare and recom-
mend a budget for the expendi-
ture of moneys appropriated or
made available to the department
by the city. and of moneys re-
ceived by the city from private
sources, or from the state or fed-
eral government for any of the
objects or purposes of the depart-
ment, and to submit the same for
approval by life city council.
(4g) Within the limits ..of
funds made available to the de-
partment, and subject to all ap-
plicable requirements of law or
ordinance, the ,War Council shall
have the power to employ neces-
sary personnel and to acquire 'by
purchase or lease, suck, other fa-
cilities. equipment and supplies
as are necessary to carry out
the functions of the department.
SECTION 5. COORDINATOR
FOR THE WAR COUNCIL.
The Coordinator for the War
Council, hereinafter referred to
as the Coordinator, shall have the
following powers and duties;
(5a) The Coordinator shall be
the executive officer of the War
Council mud shall exercise such
powers of general supervision
over the activities of the Depart-.'
meet, including- the Civilian De -'
fence Coifs 'and the Citizens
Service Corps, as the War Coun-
cil shall determine to be neces-
sary to effect a proper coordina-
tion of their activities.
(5b) The Coordinator shall or-
ganize, and direct the work of the
following administrative, agencies
of the War Council:-
1. A Volunteer Office, which
shall serve as the recruiting
office for the Department.
If he.. deems it necessary the
Coordinator shall appoint a
Director for the Volunteer
Office. No recruitment of
volunteer personnel for
either branch of the Depart-
ment shall be made except
through the Volunteer Of-
fice.
2. A Training Division, which
shall include the training of
all enrollees In the Depart-
ment. If he deems it nee-
weary the Coordinator shall
appoint a Director of Train-
ing and such instructors as
may be required. All Train-
ing shall conform as nearly
as practical to requirements
of the Office of Civilian De-
fense. It is the intent of
this ordinance that all en-
rollees in the Department
shall be fully trained, but in
the event it is impossible
to induce a sufficient num-
ber of volunteers to com-
plete the prescribed train-
ing courses enrollees may
serve actively in their re-
spective units and services of
the corps regardless of the
degree of training they may
have attained. The Coord-
inator shall ismie a training
completion certificate to all
enrollees who complete a
prescribed training course.
A War Informaton Division,
which. in accordance with
rules to be, established by
the War Council, shall re-
view and pass upon any
material to be released by
press, radio, or any other
method of publication. The
Coordinator, if he deems it
necessary may appoint a
Director of -the War Infor-
mation Division.
4. A Personnel Office, which
shall keep a record of all
` enrollees in the Department,
supply such evidence as may
be necessary to secure to
enrollees the benefits of
State and Federal Compenl
sation other than that of a
medical nature, and estab-
lish a Casualty Record Sys-
tem. The Coordinator, if be
deems it necessary, may ap-
point a Personnel Officer.
Unless the amount of work
should require 'appointment of a
Director of the Volunteer Office,
a Director of the Training Divi-
sion. a Director of the War In.
formation. Division, and a Person-
nel Officer, the Coordinator may
assume the duties and titles of
such Directors and Officer. ,
SECTION 6. CIVILIAN DE-
FENSE CORPS.
The Civilian Defense Corps shall
consist of the Commander, a
Deputy - Commander, and the fol-
lowing Services: (a) Staff of the
Commander; '(b) Emergency Fire
Service; (c) Emergency Police
Service; (d) Air Raid We-
Service (e) Emergency Medical
Service; (f, Emergency Welfare
Service; (g) Emergency Public
Works Service; (h) Emergency
Utilities Service, including rep-
resentatives cal all essential pub-
lic utility services: (h) Auxiliary
Group.
SECTION 7. POWERS AND
DUTIES OF THE COMMANDER.
In addition to the powers and
duties herein conferred, or which
may be delegated to him by the
War Council, the Commander
shall have the following powers
and duties:
(7a). The Commander shall or-
ganize, supervise, and direct the
Civilian Defense Corps, in con-
formity with policies established
by the War Council. In the es-
tablishment of such policies con -
sidelation shell be given the rec-
ommendations of the Federal Di-
rector of Civilian Defense and
ether eppropriate federal and state
officers and agencies.
(7b). In case of enemy attack
or during a period of air raid
alarm and until such time as the
emergency created thereby shall
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be declared ended either by the
Commander or by the City Coun-
cil. the Commander shall have
complete authority over the city
government, and he shall have
the right to exercise all police
power vested in the city by the
constitution and the laws of the
State of California, including
power during such time to issue
and enforce rules, regulations and
orders which he considers neces-
sary for the protection of life and
property. Whenever the Com-
mander or the City Council shall
declare the emergency to be end-
ed, the rules, regulations or orders
issued by the Commander during
the period of the emergency shall
be of no further force and effect
unless the City Council shall it-
self legislate thereon.
(7c). The Commander shall hold
Periodic drills and such other tests
of the effectiveness of the Defense
Corps as may be necessary to
assure its effective performance
under emergency conditions.
(7d). The Commander shall di-
rcet inaintmance and operation
of the city's Air Raid Warning
System.
(7e). The Commander shall es-
tabliei: at some safe and enclosed
place in this city a control cen-
ter, an alternate control center,
end, ii' necessary, a district con-
trol center or centers, which shall
be used in times of emergency as
the centers from which the De-
fense Corps shall be directed and
coordinated. The Commander
shall designate the persons who
shall be present in the control
center, or centers, during times
of emergency and, drills, includ-
ing tte Chiefs of the Emergency
Services. No person, other than
designated staff members, shall
be permitted to enter the control
room during times of emergency
unless he shall have a pass issued
to him by the Commander. The
Commander and the Chiefs of
Emergency Services, with the ap-
proval of the War Council, shall
designate deputies to take their
places, exercise their Powers and
perfomi their duties in the con-
trol center Intte event they are
abs=_nt, become incapacitated, or
are otherwise unable to act 'The
Commander shall staff, equip and
operate the control center and
the Civilian DeSenne Corps as
nearly in accordance with the
recommendations of the Federal
Director of Civilian Defense as
local conditions warrant.
In the event this city is in-
cluded in any plan for the op-
eration of a control center over
a larger area within which this
city is included, which pan calls
for the presence therein of a
representative of any of the
?rnergency Services of this city,
the Commander, with the approv-
al of the War Council, may au-
thorize the chief of any such
service or a representative desig-
nated by him to participate in
such a plan and report to such a
control center.
SECTION 8. MUTUAL AID.
Whereas an Act of the Califor-
nia Legislature known as the
War Council Bill, approved by
the Governor January 30, 1943,
renders it mandatory for cities
to render mutual aid to other
governmental units in accordance
with a mntual aid program set
forth in said Act, and requires
that Commanders of Civilian De-
fense Corps obey the orders of
State Regional Civilian Protection
Officers issued in furtherance of
the mutual air program, the Com-
mander of the Civilian Defense
Corps and the Chiefs of the vari-
ous Services affected are hereby
authorized to comply with such
orders.
SECTION 9. LOCAL PROP-
ERTY OFFICER.
The local property officer, here -
tefore appointed by the Mayor
with the approval of the City
Council in conformity with regu-
lations of the Federal Director of
Civilan Defense, shall be under
the direction and supervision of
tte Commander. He is authorized
and directed to receive, account
for, and distribute, in accordance
with the orders of the Commander
not inconsistent with the ,terms
of any agreement under which
property was given or loaned, to
the city for the protection of per=
sons or property against air raids
and other war hazards. . The lo-
cal property officer shall perform
such other duties as may be dele-
gated to him by the War Council
or the Commander.
SECTION 10. CITIZENS
SERVICE CORPS.
The Citizens Service Corps shall
consist of the Director and the
fallowing divisions: (a) Division
of Health, Welfaro and Recrea-
tion; (b) Division of Transporta-
tion and Housing; (c) Salvage Di-
vision; (d) Consumer Interest Di-
visions; (e) Division of Agricul-
tural and Industrial Production;
(f) Division of Schools and ,Ed-
ucation; and (g) Division of War
Bonds and Stamps. A special
unit of neighborhood and block
leaders shall be attached to the
staff of the Director.
(1.0a) The Director shall organ-
ize, enpervise. and direct the Cit-
izens Service Corps, in conform -
it .pith policies to' be established
by the War Council. In the es-
tablishment of Stich policies, con-
sideration shall be given to the
recommendations of the Federal
Director of Civilian Defense, and
other appropriate federal and state
officers, and agencies.
(10b) In addition to the regular
members of the divisions and
emits Of the Service Corps, the
Director, with the approval of
the War Council; may., establish
volunteer auxiliary forces to be
attached to appropriate divisions
and units of the Service Corps to
as ;st the members of Such divi-
sions and units in the performance
of their duties. Such auxiliaries,
recruited for special, temporary
cr occasional duties, need not be
.required to take the oath of office
and otherwise meet the require-
ments established for regular
members and trainees of the de-
partment. Ouch auxiliaries may
aut!ify for regular or special
membership in the Service Corps,
in accordance with rules and re-
quirements established by the War
Council.
(100 Owing to an, insufficiency
of volunteer personnel within the
City, the provisions of Section 10
shall be permissive rather than
mandatory.
SECTION 11. POWERS OF
APPOIN'CMF.NT AND REMOV-
AL.
Except as otherwise provided
in this ordinance, officers and
members of the 'Citizens Defense
Corps and Citizens Service Corps
shall be subject to appointment
and removal as follows:
Chiefs of the Emergency Serv-
ices and units and other officers
and volunteer members of the De-
fense Corps shall be appointed by
the Commander, with the ap-
proval of the War Council, ex-
cept that the Chief of the Police
Departn -.cnt shall be Chief of the
Emergency Police Service and the
Chief of the Fire Department shall
be Chief of the Emergency Fire
Service.
Chiefs of the divisions and
units and other officers and vol-
unteer members of the Service
Corps shall be appointed by the
Director with the approval of Via
War Council.
The Chiefs of the Emergeacy
Services of the Defense Corps and
Chiefs of the divisions of the
Service Corks may reject 'Say
person recnrited'by the volunteer
office who, in the opinion of the
Chief; is not qualified to work
in that,Emergency Service or di-
vision:
In accordance with the provi-
sions of this ordinance and rules
establis ^ed by the War Council,
,the Commander slia :l have power
to remove any member of the
Defense Corps and the ' Director
shall have power to remove any
member of the Service Corps, pro - .
vidcd, however; that this ordin-
mice shall not vest in the Com-
mander or the Director authority
to remove from his regular em-
ployment any officer or employee
of any other department of the
city government assigned to,- or
'who, in the normal course of his
other duties, is made a'. member
e^ any Emergency Service or di-
vision of the Defense Corps or
Service Corps. The power or re-
inoval may be delegated by the
Commander or the Director to the
Chiefs of Emergency Services or
divisions.
- SECTION 12. SERVICES, DI-
VISION AND UNITS.
The War Council shall have the
power to revise the emergency
5el'Vices of the Defense Corps and
the divisions of the Service Corps
as set forth above, to create
units within each of such serv-
ices and divisions. to create addi-
tional services, divisions, or units.
and to abolish any service, di-
vision.- or unit if, in the -opinion
of the War Council, the more ef-
ficient execution o: the. activities
of the department requires such
action.
Emergency Services and units
of the Defense Corps shall per -
fcrm such duties as the Core-
r. andcr, with the approval of the
War-Council, may specify. Di-
visions slid units of the, Service
Corps shall perform such ditties
as the Director, with t`s approval
of the War Council, may specify.
The War Council shall deter-
mine the number of members to
be appointed to each of the
Emergency Services of the De-
fense Corps and units thereof,
and to each of the divisions of the
Service Corps and units thereof.
SECTION 13. OATH OF OF-
FICE.
All persons appointed pursuant
to Section 2 hereof shall, before
entering upon their duties, take
the following Oath of Office (ex-
cept that aliens may omit the
first two clauses):
I. .......... ..............................I Sol -
enmly swear (or affirm) that
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I will support and defend the
Constitution of the United
States and the State a3 Cali-
fornia against all enemies, for-
eign and domestic; that I will
bear true faith and allegiance
to the same; that I take this
obligation freely, without any
mental reservation or purpose
of evasion; that I will well and
faithfully discharge my duties
as a member of the United
States Citrzens Defense Corps;
and that I will not advocate,
and have not advocated, the
overthrow of our constitutional
form of government in the
United States by force or vio-
lence.
SECTION 14. ADDITIONAL
POWERS, FUNCTIONS, AND
DUTIES OF THE DEFENSE
AGENCIES.
In addition to the powers,
functions, and duties herein con-
ferred upon the War Council, the
Defense Corps, and the Service
Corp.4, and the officers and mem-
bers thereof, said agencies and
the officers and members there -
of shall also possess such powers,
functions, and duties as may be
delegated by the Governor or any
officer or agency of the State.
Neither the War Council, the
Defense Corps, the Service Corps,
or the officers or members of any
said agencies shall exercise any
powers or functions, or issue any
orders, rules, or regulations in-
consistent with orders, rules, and
regulations promulgated by any
proper Military authority, by the
Governor, the State War Council,
or by their respective agent or
agents, or by the Federal Director
of Civilian Defense.
SECTION 15. IDENTIFICA-
TION.
No person who is not an en-
rolled member of the Department
shall be entitled to wear or use
any form of identification which
would hudicate he is a member,
or to represent himself to be a
member. Any person resigning
or removed from his position as
a member of the Department, or
ceasing to act as such for any
reason, shall immediately sur-
render to the person or agency
from. which the same was received
any arm band, card or other
means of identification prescribed
for persons appointed pursuant
to tits ordinance; or any permit
to operate a vehicle during pc-
r'ods of air raid alarm which may
have been obtained for him by
the Department, together with the
accompanying headlight mask;
and all other equipment, materials
or supplies entrusted to him by
or on behalf of the city.
Any person wearing or possess-
ing, without proper authorizat'on,
any of the methods of identifica-
tion, permits or articles set forth
in the paragraph next preceding,
or who falsely represents himself
to be a member of the Depart-
ment, shall be guilty of a mus
demeanor and upon conviction
shall be punishable by fine not to
exceed $100.00 or imprisonment of
not to exceed thirty (30) days,
or both.
SECTION 16. COOPERATION
WITH THE DEPARTMENT.
Every municipal agency and of-
ficer having Jurisdiction over any
officer or employee of the city is
hereby authorized to comply with
any request from the War Coun-
oil for the transfer of municipal
personnel or property to the De-
partment of Civilian Defense.
Every officer or employee of
this city assigned to the Depart-
ment of Civilian Defense for the
performance of full -time or part
duties shall perform said duties
as a part of the official duties of
his position and in the course of
his employment, notwithstanding
the provisions of anv ordinance,
resolution, civil service or other
rules and regulations, otherwise
prescribing or limiting his duties
or the duties of his position.
No person shall receive any
compensation from the city for
his services to the Department
unless such compensation shall be
expressly provided, for by the Clty
Council. The foregoing shall not
be deemed to deny to any officer
or employee of the city his right
to his normaf compensation for
the performance of his official
duties, merely because these du-
ties be deemed hereafter to be
included within the civilian de-
fense effort.
No officer or employee of this
city shall suffer any reduction of
pay or loss of civil service status
or rights by reason of his per-
formance of services under the
J urisdiction of the Department, if
Performed with the consent of or
at the order or .request of the
municipal board or officer direct-
ing his employment. . .
SECTION 17. RATIFICATION
OF PRIOR ACTIONS IN CON-
NECTION WITH CIVILIAN DE-
FENSE.
All prior appointments, actions,
and things done in furterance of
the Civilian Defense of the City
by officers or employees of the
City and by inhabitants of the
City who have volunteered their
services are hereby ratified, con-
firmed, and approved in all re-
spccts; provided, however, that
such ratification, " confirmation .
and approval shall not apply to
undertakings committing or ob-
ligating the City to expend funds
unless such undertakings have
been previously authorized by the
City Council. All such persons
previously appointed and now per-
forming duties falling within the
functions, powers, and duties of
the War Council or the Defense
Corps, as herein prescribed, shall
continue to perform such powers,
functions, and duties the same as
if appointed pursuant thereto.
SECTION 18. IMMUNITIES
CONFERRED BY THIS ORDIN-
ANCE.
Neither the City, nor any of-
ficer, agent, or employee thereof.
°hall be liable for personal in-
jury or property damage sus-
tained by any person appointed
or act'ng as a Civilian Defense
worker or member or an v agency
engaged in Civilian Defense ac-
tivity. The foregoing shall not
affect the right of any person to
receive benefits of State or Fed-
eral compensation.
Neither the City nor, except in
cases of wilful misconduct, any
officer, employee, or agent of the
City, or member of any agency
engagcd•in any Civilian Defense
activity, complying with or at-
em:pting to comply with this Or-
dinaace or any State statute or
any order, rule, or regulation pro-
mulgated pursuant to the pro- ..
visions of this Ordinance, or such
statute, or by proper military au-
thority, shall be liable for the
death of or injury to persons, or
for damage to property, as a re-
sult of any such activity.
SECTION 19. AID FROM
STATE OR FEDERAL GOVER-
ME= OR OTHER SOURCES.
In addition to other powers
herein granted the War Council,
except in cases requiring a pledge
of the City's credit or the ex-
penditure of Clty funds in which
event the prior approval of the
City Council shall be obtained, is
authorized: Tq accept; from the
State or Federal Governments,
grants or other financial assist-
ance and loans or donations of
property, both real and personal,
and to this end to comply with
such conditions and enter into
such leases or agreements m may
be necessary, convenient, or de-
sirable; and to accept contribu-
tions in the form of cash. and
loans or donations of property.
both real and, personal, from in-
dividuals, firms, partnerships,
corporations, associations, and or-
ganizations. It is the purpose
and intent o° this Ordinance to
authorize, the War ,,Council to do .
any and all things necessary or.
desirable to secure the financial
or other aid and cooperation of
the State Govcrurnent, the Fed-
eral Government, and private in-
dividuals and organizations for
the purpose of carrying out the
provisions of this Ordinance.
SECTION 20. EFFECTIVE
DATE OF RULESAND REGU-
LATIONS ISSUED PURSUANT
TO T1:IIS ORDINANCE.
All rules and regulations is-
so cd pursuant to this Ordinance
governing the conduct of persons
or property shall be filed with the
City Clerk who shall immediate-
ly post copies thereof in the City
Hall and such other public places
as he shall deem necessary, and
upon Bach posting by the City
Clerk such rule or regulation'
shall be in full force and effect.
SECTION 21. SEVERABIL-
ITY..
Notwithstanding any other evi-
dence of intent, it is hereby de-
clared to be the controlling intent
of the C;ty Council, that if any
provision of this Ordinance, or
the application thereof to any
person or circumstances.. is held
invalid, the remainder of the or-
dinance and the application of
such provision to persons or cir-
cumstances other than those as to
which it is held invalid, shall not
be affected thereby.
SECTION 22. ORDINANCE
CONTROLLING.
INSOFAR as the provisions of
this Ordinance are inconsistent
with the provisions of any other
Ordinance or Resolution of the
City Council the provisions of this
Ordinance shall be controlling.
SECTION 23. TERMINATION
OF ORDINANCE.
This Ordinance shall remain in
full force and effect during the
period the United .States is en-
gaged in the present war with
any foreign government.
SECTION 24. EMERGENCY.
To preserve the public peace,
hca:th, and safety, and to pro-
mote the defense of the City and
aid in the promotion of the de-
fense of the State and Nation it
is necessary that this Ordinance
shall become immediately opera-
tive. It is therefore declared to
be an emergency measure and
shall take effect immediately up-
on its passage and approval by
the Mayor.
SECTION '25. The City Clerk
of the City of Newport Beach
• shall certify to the sgparate vote
on the urgency of this ordinance
and its passage by the vote of
five members of the City Coun-
cil of the City of Newport Beach,
and cause the sage to be pub-
lished once in the NEWPORT
BALBOA NEWS - TIMES, a news-
paper printed and circulated in
the City of Newport Beach.
The above and foregoing Or-
dinance was introduced at a reg-
ular meeting of the City Counr
cil of the City of Newport Beach -
held on the 2nd clay of August,
1943, and was finally passed and
adopted by a vote of 5 members -.
of the CIty Council of the City ,
of Newport Beach. at an ad-
journed regular meeting thereof
held on the 9th day of August, .,
1943, after the question of the ,
urgency of the foregoing Ordin-
ance was passed, by the following
roll call vote:
AYES, COUNCILMEN: Allen,
Kirk, Isbell. Reed, Hall.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN: '
None.
ATTEST:
FRANK L. RINEHART,
City Clerk -
CLYAN H. UALL,
Mayor, City of Newport Beach.
• The foregoing Ordinance is
signed and approved by me this
9th .day of August, 1943.
CLYAN H. HALL, ,
Mayor.
Pub.: Aug. 12, 1943.