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.
(Prior code § 7.1)
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.
(Prior code § 7.2)
The disaster council is created and
shall consist of the following:
A. The mayor, who shall be chairman;
B. The director of emergency services, who
shall be vice-chairman;
C. The assistant director of emergency services;
D. Such chiefs of emergency services as are
provided for in a current emergency plan of this 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.
(Prior code § 7.3)
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 chairman or, in his absence from the city
or inability to call such meeting, upon call of the vice-chairman.
(Prior code § 7.4)
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.
The appointment of the assistant director shall be confirmed by the
city council.
(Prior code § 7.5; Ord. 2727 § 1, 1993)
A. The director of emergency services 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,
2. Request the governor of the state 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, such rules and regulations
must be confirmed at the earliest practicable time by the city council;
b.
To suspend or modify any city ordinance,
rule or regulation as reasonably necessary for the preservation of
life or property; provided, however, that such action must be confirmed
at the earliest practicable time by the city council;
c.
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;
d.
To require emergency services of
any city officer or employee and, in the event of the proclamation
of a “state of emergency” in Placer County or the existence
of a “state of war emergency”, to command the aid of as
many citizens of this community as the director deems necessary in
the execution of the director’s duties. Such persons shall be
entitled to all privileges, benefits and immunities as are provided
by state law for registered disaster service workers;
e.
To requisition necessary personnel
or material of any city department or agency;
f.
To execute all of the director’s
ordinary power as city manager, all of the special powers conferred
upon the director by this chapter or by resolution or emergency plan
pursuant hereto adopted by the city council, and all powers conferred
upon the director by any statute, by any agreement approved by the
city council and by any other lawful authority.
B. The assistant director of emergency services
shall succeed to all of the powers and duties of the director in the
event the director is unavailable to attend meetings or otherwise
perform the director’s duties during an emergency.
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.
(Prior code § 7.6; Ord. 2727 § 1, 1993)
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
9.28.060(A)(6)(c), b
e 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.
(Prior code § 7.7)
The emergency organization of the city shall be developed and administered in accordance with the criteria established for the National Incident Management System (NIMS), which encompass all the criteria established for the Standardized Emergency Management System (SEMS) as published by the State of California in Title
19,
California Code of Regulations. The regulations found in Title
19, Division 2, Chapter 1, are adopted by reference.
(Ord. 3757 §
1, 2001; Ord. 4404 § 1, 2006)
The disaster council shall be responsible
for the development of the city emergency plan, which 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.
(Prior code § 7.8)
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.
(Prior code § 7.9)
It is misdemeanor, punishable by
a fine of not to exceed $500.00, or by imprisonment for not to exceed
six months, or both, for any person, during an emergency, to:
A. Wilfully 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
a 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. Carry, wear or display, without authority,
any means of identification specified by the emergency agency of the
state.
(Prior code § 7.10)