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 the City with all other public agencies, corporations,
organizations, and affected private persons.
(Prior code § 3400; 1211 § 1, 1971; 2803 § 1, 2011)
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 the 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 the City, requiring
the combined forces of other political subdivisions to combat.
(Prior code § 3401; 1211 § 1, 1971; 2803 § 1, 2011)
The Garden Grove Disaster Council is hereby created and shall
consist of the following:
A.
The
Mayor, who shall be Chair;
B.
The
Director of Emergency Services, who shall be Vice Chair;
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; and
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.
(Prior code § 3402; 1211 § 1, 1971; 2803 § 1, 2011)
It shall be the duty of the 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 Chair
or, in his or her absence from the City or inability to call such
meeting, upon call of the Vice Chair. Such meetings shall be noticed
where required by law.
(Prior code § 3403; 1211 § 1, 1971; 2803 § 1, 2011)
There is hereby created the office of Director of Emergency
Services. The City Manager shall be the Director of Emergency Services.
(Prior code § 3404(A); 1211 § 1, 1971; 2803 § 1, 2011)
There is hereby created the office of Assistant Director of
Emergency Services, who shall be appointed by the Director.
(Prior code § 3404(B); 1211 § 1, 1971; 2803 § 1, 2011)
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.
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 the 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.
B.
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:
1.
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, such rules and regulations must be confirmed at
the earliest practicable time by the City Council.
2.
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,
commandeer the same for public use.
3.
To
require emergency services of any City officer or employee and to
command the aid of as many citizens of this community as he or she
deems necessary in the execution of his or her duties. Such person
shall be entitled to all privileges, benefits and immunities as are
provided by state law for Registered Disaster Service Workers.
4.
To
requisition necessary personnel or material of any City department
or agency.
5.
To
execute all of his or her ordinary power as City Manager, all of the
special powers conferred upon him or her 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.
C.
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.
(Prior code § 3405(A)(B); 1211 § 1, 1971; 1448 § 1, 1975; 2803 § 1,
2011)
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.
(Prior code § 3405(C); 1211 § 1, 1971; 2803 § 1, 2011)
All officers and employees of the City, together with those
volunteer forces enrolled to aid them during the 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 6.08.070(B)(3), charged with duties incident to the protection
of life and property in the City during such emergency, shall constitute
the emergency organization of the City.
(Prior code § 3406; 1211 § 1, 1971; 2803 § 1, 2011)
The Disaster Council shall be responsible for the development
of the City emergency plan. The plan shall provide for the effective
mobilization of all of the resources of the 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. Such plan shall take effect upon adoption by City Council
resolution.
(Prior code § 3407; 1211 § 1, 1971; 2803 § 1, 2011)
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.
(Prior code § 3408; 1211 § 1, 1971; 2803 § 1, 2011)
No person shall, during an emergency as provided in this chapter:
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
or her 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 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; or
C.
Wear,
carry, or display, without authority, any means of identification
specified by the emergency agency of the State.
(Prior code § 3409; 1211 § 1, 1971; 2803 § 1, 2011)
