The declared purposes of this chapter are to provide for the
preparation and carrying out of plans for the protection of persons
and property within the city in the event of an emergency; the direction
of the emergency organization; and the coordination of the emergency
functions of this city with all other public agencies, corporations,
organizations and affected private persons.
(Ord. 89-8 § 1; Ord. 00-8)
As used in this chapter, "emergency" means the actual or threatened
existence of conditions of disaster or of extreme peril to the safety
of persons and property within this city caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot or earthquake,
or other conditions, including conditions resulting from war or imminent
threat of war, but 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 this city, requiring
the combined forces of other political subdivisions to combat.
(Ord. 89-8 § 2; Ord. 00-8)
The city disaster council is created and shall consist of the
following three groups:
C.
Advisors.
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One at-large citizen advisor to be appointed by the city council.
In addition, such advisors from public agencies, public utilities,
local communications groups, and civic, business, labor, veterans,
professional or other organizations having official emergency responsibilities,
as may be approved by the director with the advice and consent of
the city council.
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D.
One
member of the disaster council shall be designated by the city council
to serve as the city's representative on the Yolo County communications
emergency services agency board. Such representative's term of service
shall be within the discretion of the city council.
(Ord. 89-8 § 3; Ord. 90-4 § 1; Ord. 00-8)
It shall be the duty of the city disaster council, and it is
empowered, to develop and recommend for adoption by the city council,
emergency and mutual aid plans and agreements and such ordinances
and resolutions and rules and regulations as are necessary to implement
such plans and agreements. The disaster council shall meet upon call
of the chairman or, in his or her absence from the city or inability
to call such meeting, upon the call of the vice-chairman. The disaster
council shall meet at least once each year to review the emergency
preparedness status of the city and shall report their findings to
the city council.
(Ord. 89-8 § 4; Ord. 00-8)
A.
There
is created the office of director of emergency services. The city
manager shall be the director of emergency services.
B.
There
is created the office of assistant director of emergency services,
who shall be appointed by the director.
(Ord. 89-8 § 5; Ord. 00-8)
A.
The
director is empowered to:
1.
Request
the city council to proclaim the existence or threatened existence
of a "local emergency" if the city council is in session, or to issue
such proclamation if the city council is not in session. Whenever
a local emergency is proclaimed by the director, the city council
shall take action to ratify the proclamation within seven days thereafter
or the proclamation shall have no further force or effect;
2.
Request
the governor to proclaim a "state of emergency" when, in the opinion
of the director, the locally available resources are inadequate to
cope with the emergency. This request will be forwarded to the State
Office of Emergency Services (OES) through the Yolo County communications
emergency service agency (YCCESA) emergency services coordinator who
will act as county liaison to State OES;
3.
Control
and direct the effort of the emergency organization of this city for
the accomplishment of the purposes of this chapter;
4.
Direct
cooperation between and coordination of services and staff of the
emergency organization of the city, and resolve questions of authority
and responsibility that may arise between them;
5.
Represent
the city in all dealings with public or private agencies on matters
pertaining to emergencies as defined in this chapter;
6.
In
the event of the proclamation of a "local emergency" as provided in
this chapter, the proclamation of a "state of emergency" by the governor
or the director of the State Office of Emergency Services, or the
existence of a "state of war emergency," the director is empowered
to:
a.
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 city council,
b.
Obtain vital supplies, equipment and such other properties found
lacking and needed for the protection of life and property and to
bind the city for the fair value thereof and, if required immediately,
to commandeer the same for public use,
c.
Require emergency services of any city officer or employee and, in
the event of the proclamation of a "state of emergency" in the county
in which the city is located or the existence of a "state of war emergency,"
to command the aid of as many citizens of the community as he or she
deems necessary in the execution of his or her duties; such persons
shall be entitled to all privileges, benefits and immunities as are
provided by state law for registered disaster service workers,
d.
Requisition necessary personnel or material of any city department
or agency, and
e.
Execute all of his or her ordinary power as city manager, all of
the special powers conferred upon him by this chapter or by resolution
or emergency plan pursuant hereto adopted by the city council, all
powers conferred upon him or her by any statute, by any agreement
approved by the city council, and by any other lawful authority.
B.
The
director of emergency services shall designate the order of succession
to that office, to take effect in the event the director is unavailable
to attend meetings and otherwise perform his or her duties during
an emergency. Such order of succession shall be approved by the city
council.
C.
The
assistant director shall, under the supervision of the director and
with the assistance of emergency service chiefs, develop the city
emergency plan and other emergency plans and manage the emergency
programs of the city; and shall have such other powers and duties
as may be assigned by the director.
(Ord. 89-8 § 6; Ord. 00-8)
All officers and employees of the city, together with those
volunteer forces enrolled to aid them during an emergency, and all
groups, organizations and persons who may by agreement or operation
of law, including persons impressed into service under the provisions
of Section 2.40.060(A)(1)(c), be charged with duties incident to the
protection of life and property in this city during such emergency,
shall constitute the emergency organization of the city.
(Ord. 89-8 § 7; Ord. 00-8)
The city disaster council shall be responsible for advising
the assistant director with regard to the development of the city
emergency plan, which shall provide for the effective mobilization
of all of the resources of this city, both public and private, to
meet any condition constituting a local emergency, state of emergency
or state of war emergency; and shall provide for the organization,
powers and duties, services and staff of the emergency organization.
The city disaster council must approve the emergency plan by majority
vote prior to submission of the emergency plan to the city council.
(Ord. 89-8 § 8; Ord. 00-8)
Any expenditures made in connection with emergency 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.
(Ord. 89-8 § 9; Ord. 00-8)
Any person who willfully obstructs, hinders or delays any member
of the emergency organization during an emergency, 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 shall be in violation hereof.
(Ord. 89-8 § 10; Ord. 00-8; Ord.
03-21 § 1)
