Note: Prior ordinance history: Ords. 90-02 § 1 (2.20.010—2.20.220),
91-34 (2.20.010—2.20.170).
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 this 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. 10-08 § 1)
A.
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 for this city, requiring the
combined forces of other political subdivisions to combat.
B.
Other
terms used in this chapter shall have meanings as used in the California
Emergency Services Act.
(Ord. 10-08 § 1)
It shall be the duty of the city manager, and he or she is hereby
empowered, to develop and recommend for adoption by the city council,
the city's emergency plan, mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are necessary
to implement such plans and agreements. The city's emergency plan
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. Such plan shall take effect
upon adoption by resolution of the city council.
(Ord. 10-08 § 1)
A.
There
is hereby created the office of director of emergency services ("director").
The city manager shall be the director of emergency services.
B.
There
is hereby created the office of assistant director of emergency services
("assistant director"), who shall be appointed by the director.
(Ord. 10-08 § 1)
A.
Subject
to applicable state and federal laws, 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
a local emergency is proclaimed by the director, the city council
shall take action to ratify the proclamation within seven calendar
days thereafter or the proclamation shall have no further force or
effect. The city council shall review the local emergency proclamation
at least every thirty days, or such other period as required by law,
and shall terminate the emergency proclamation at the earliest possible
date the conditions warrant;
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 city's emergency organization for the
accomplishment of the purposes of this chapter;
4.
Direct
cooperation between and coordination of services and staff of the
city's emergency organization; and resolve questions of authority
and responsibility that may arise between them;
5.
Represent
this 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
Secretary of California Emergency Management, 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, 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 services of any city officer or employee and,
in the event of the proclamation of a "state of emergency" in the
county in which this city is located or the existence of a "state
of war emergency," to command the aid of as many citizens of this
community as deemed necessary in the execution of duties; such persons
shall be entitled to all privileges, benefits, and immunities as are
provided by state law for registered disaster services workers,
d.
To requisition necessary personnel or material of the city's departments
or agencies, and
e.
To execute all ordinary power as city manager, all of the special
powers conferred by this chapter or by resolution or emergency plan
pursuant hereto adopted by the city council, all powers conferred
by any statute, by any agreement approved by the city council, and
by any other lawful authority.
B.
The
director 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 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 emergency
plans and manage the emergency programs of this city; and shall have
such other powers and duties as may be assigned by the director.
(Ord. 10-08 § 1)
All officers and employees of this 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 2.56.050(A)(6)(c) of this chapter, 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. 10-08 § 1)
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.
(Ord. 10-08 § 1)
A.
It is
a violation of this code for any person during an emergency to:
1.
Willfully
obstruct, hinder, or delay any member of the emergency organization
in the enforcement of any lawful rule or regulation or order issued
pursuant to this chapter, or in the performance of any duty imposed
upon him or her by virtue of this chapter;
2.
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 imperil the lives or property
of inhabitants of this city, or to prevent, hinder, or delay the defense
or protection thereof;
3.
Wear,
carry, or display, without authority, any means of identification
specified by the emergency agency of the state.
(Ord. 10-08 § 1)
