Chapter 9.24
POWER OF POLICE OFFICERS TO ENFORCE A MINIMUM SEPARATION DISTANCE
Sections:
9.24.010 Findings.
The city council finds as follows:
A. Military ordnance and explosives (OE) have been located on land within the Benicia city limits that was previously used by the U.S. Army as part of the Benicia Arsenal. The OE was apparently left when the U.S. Army discontinued use of the Benicia Arsenal. The U.S. Army Corps of Engineers (Corps), the California Department of Toxic Substances Control (DTSC) and private landowner(s) are involved, or may become involved, in the investigation and removal of potential OE in certain areas of the former Benicia Arsenal.
B. In accordance with the Benicia general plan, it is the goal of the city of Benicia to "[e]nsure that existing and future neighborhoods are safe from risks to public health that could result from exposure to hazardous materials." (See Goal 4.7).
C. To carry out Goal 4.7, the general plan directs the city to provide protection from hazards including OE and to require that sites suspected to have OE be remediated as required by appropriate regulatory agencies before development can occur. (See, for example, Policies 4.7.3, 4.7.4, 4.7.5 and Program 4.7.F.)
D. Public health and safety is a primary concern during investigation and removal of potential OE. Although the procedures approved by the U.S. Army Corps of Engineers and/or the DTSC are designed for safety, additional precautions are needed because OE, if unintentionally detonated, could cause physical harm.
E. To provide for public safety during investigation and cleanup of potential OE, the city of Benicia police department will enforce a minimum separation distance where OE is being investigated and removed. The purpose of this minimum separation distance is for the protection of the public from a potential blast and fragmentation hazard created by an unintentional detonation. The appropriate minimum separation distance will be determined in accordance with procedures established by the U.S. Army Corps of Engineers.
F. There are existing houses and businesses within the anticipated minimum separation distance. During the hours when the potential OE is being investigated and/or removed, occupants of those houses and businesses as well as other persons not authorized to be within the minimum separation distance will be required to leave the area. (Ord. 01-2).
9.24.020 Purpose.
The purpose of this chapter is to provide for the public safety and welfare during the investigation and removal of potential OE in the city of Benicia. This chapter shall provide police officers with the ability to enforce the minimum separation distance surrounding the sites where OE is being investigated and removed. (Ord. 01-2).
9.24.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:
A. "DTSC" means the California Department of Toxic Substances Control.
B. "Minimum separation distance" is the minimum distance from the area where potential OE is being investigated and removed that persons must vacate during working hours, which minimum separation distance shall be determined in accordance with procedures established by the U.S. Army Corps of Engineers.
C. "OE" means ordnance and explosives.
D. "Person" means an individual, business, or other legal entity.
E. "Working hours" means the hours during which work plans, approved by the U.S. Army Corps of Engineers and/or the DTSC, to investigate and remove potential OE will be completed. Such working hours are generally expected to be between 8:30 a.m. and 5:00 p.m. (Ord. 01-2).
9.24.040 Authority to enforce a minimum separation distance during investigation and/or removal of potential ordnance and explosives – Unauthorized entry into area prohibited.
A. During the investigation and removal of potential OE within Benicia’s city limits, police officers of the city of Benicia are hereby authorized to assist security personnel engaged by the contractor or the U.S. Army Corps of Engineers conducting the cleanup activities in preparing for, supervising, and enforcing the implementation of the minimum separation distance. Such assistance may include ordering persons residing or doing business or otherwise present within the minimum separation distance and not authorized to remain in the area to vacate such area during working hours. The minimum separation distance may be designated with signs, markers, and/or guards.
B. Any unauthorized person who wilfully and knowingly enters or attempts to enter a closed area pursuant to subsection (A) of this section or who wilfully remains within the area after receiving notice from the contractor’s or U.S. Army Corps’ security personnel or a police officer to leave the area shall be guilty of a misdemeanor and may be arrested. (Ord. 01-2).
9.24.050 Cost recovery.
Extraordinary costs related to enforcement of this chapter shall be the responsibility of the property owner and/or the state or federal agency responsible for the investigation and removal of any ordnance. Extraordinary costs include, but are not limited to, items such as staff time, including overtime and overhead, materials and equipment. The costs may be recovered pursuant to Government Code Section 38773 et seq. as the abatement of a nuisance or pursuant to any other legal method. (Ord. 01-2).