[Ord. No. 604, § 1; Ord. No. 1084, § 9.1]
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 of Oakdale in the event of an emergency;
the direction of the emergency organization and the coordination of
the emergency functions of the city with all other public agencies,
corporations, organizations and affected private persons.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.2]
Shall mean the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property
within the city caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, earthquake, or other conditions including
those resulting from war or imminent threat of war, but not those
likely to be beyond the control of the services, personnel, equipment
and facilities of the city, requiring the combining forces of other
political subdivisions to combat.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.3]
The Oakdale disaster council is hereby created and shall consist
of the following:
(a)
The mayor, who shall be chairperson.
(b)
The director of emergency services, who shall be vice chairperson.
(c)
The assistant director of emergency services.
(d)
Such chiefs of emergency services as are provided for in a current
emergency plan of the city, adopted pursuant to this chapter.
(e)
Such representatives of civic, business, labor, veterans, professional
or other organizations having an official emergency responsibility,
as may be appointed by the director with the advice and consent of
the city council.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.4]
It shall be the duty of the Oakdale disaster council, and it
is hereby 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 chairperson, or in his/her absence from the
city or inability to call such meeting, upon call of the vice chairperson.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.5]
[Ord. No. 604, § 1; Ord. No. 1084, § 9.6]
(a)
The director is hereby 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 the director proclaims a local emergency, the city council
shall take action to ratify such 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.
(3)
Control and direct the effort of the emergency organization of the
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 herein.
(6)
In the event of the proclamation of a local emergency as herein provided,
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 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, that such rules and regulations must be confirmed
at the earliest practicable time by the city council.
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
city for the fair value thereof and, if required immediately, to commandeer
the same for public use.
c.
To
require emergency service of any city officer or employee and, in
the event of the proclamation of a state of war emergency, to command
the aid of as many citizens of this community as he/she deems necessary
in the execution of his duties; such persons shall be entitled to
privileges, benefits and immunities as are provided by state law for
registered disaster service workers.
d.
To
requisition necessary personnel or material of any city department
or agency.
e.
To
execute all of his/her powers as city administrator, 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/her by any statute, by any agreement approved by the city
council, and by any other lawful authority.
(7)
In
the event the director of emergency services is unavailable to attend
meetings and otherwise perform his duties during an emergency, the
assistant director shall act as director. The director of emergency
services shall designate the order of succession to his office in
the event that both the director and the assistant director are unavailable
to attend meetings and otherwise perform the duties of director during
an emergency. A clear order of succession shall be set forth, sufficient
to offer assurance that there will be a successor able to act in the
event of a foreseeable disaster. Such order of succession shall be
submitted to the city council and approved by the city council by
motion recorded in the minutes.
(8)
The
assistant director shall, under the supervision of the director, and
with the assistance of emergency service chiefs, develop 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. No. 604, § 1; Ord. No. 1084, § 9.7]
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 pressed into service under the provisions
of section 9.6(a)(6)c of this chapter, be charged with duties incidental
to the protection of life and property in the city during such emergency,
shall constitute the emergency organization of the City of Oakdale.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.8]
The Oakdale disaster council shall be responsible for the development
of the City of Oakdale emergency plan, which plan shall provide for
the effective mobilization of all of the resources of the city, both
public and private, to meet and condition constituting a local emergency,
state of emergency, or state of war emergency; and shall provide for
the organization. Such plan shall take effect upon adoption by resolution
of the city council.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.9]
Any expenditure 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 of Oakdale.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.10]
It shall be a misdemeanor, punishable by a fine of not to exceed
five hundred dollars or by imprisonment for not to exceed six months,
or both, for any person, during an emergency to:
(a)
Willfully obstruct, hinder, or delay any member of the emergency
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)
Do any act forbidden by any lawful rule or regulation issued pursuant
to this chapter if such act is of such nature as to give or be likely
to give assistance to the enemy or to imperil the lives or property
of inhabitants of this city, or to prevent, hinder, or delay the defense
or protection thereof.
(c)
Wear, carry or display without authority any means of identification
specified by the emergency agency of the State.
[Ord. No. 1084, § 9.11]
All ordinances in conflict herewith are hereby repealed; provided
that it is the intent of the city council in enacting this ordinance
that it shall be considered a revision and continuation of the ordinances
repealed by this ordinance, and the status of volunteers shall not
be affected by such repeals; nor shall civil defense and disaster
mutual aid plans and agreements, rules and regulations or resolutions
adopted pursuant to such repealed ordinances be affected by such repeal
until amended, modified or superseded as provided in this ordinance;
unless such plans, agreements, rules, regulations or resolutions are
inconsistent with the provisions of this ordinance and in conflict
therewith, in which case they are repealed.
[Ord. No. 604, § 1; Ord. No. 1084, § 9.12]
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications, and to this end the provisions
of this chapter are declared to be severable.
The powers and duties enumerated in Sections 91 through 9-12
are hereby suspended during the term in which the City of Oakdale
is a participant in the Stanislaus County Disaster Council. This suspension
shall terminate on the date the City of Oakdale is no longer a participant
in the Stanislaus County Disaster Council.
