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 jurisdiction in the event of an emergency;
the direction of the emergency organization; and the coordination
of the emergency functions with all other public agencies, corporations,
organizations, and affected private persons.
(Ord. 715 § 1, 2018)
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 jurisdiction 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, requiring the combined
forces of other political subdivisions to combat.
(Ord. 715 § 1, 2018)
The Indian Wells 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 this jurisdiction, 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 governing body.
(Ord. 715 § 1, 2018)
It shall be the duty of the Indian Wells Disaster Council, and
it is hereby empowered, to develop and recommend for adoption by this
governing body, 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 at least once per year, upon call of the chair or, upon call
of the vice chair (in the absence of the chair).
(Ord. 715 § 1, 2018)
(a)
There
is hereby created the office of Director of Emergency Services. The
City Manager shall be the Director of Emergency Services.
(b)
There
is hereby created the office of Assistant Director of Emergency Services,
who shall be appointed by the Director.
(Ord. 715 § 1, 2018)
(a)
The
Director is hereby empowered to:
(1)
Request the governing body to proclaim the existence or threatened
existence of a "local emergency" if the governing body is in session,
or to issue such proclamation if the governing body is not in session.
Whenever a local emergency is proclaimed by the Director, the governing
body 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 circumstances are beyond the jurisdiction's
capacity to adequately respond to or recover from the emergency.
(3)
Control and direct the effort of this emergency organization for
the accomplishment of the purposes of this Chapter.
(4)
Direct cooperation between and coordination of services and staff
of this emergency organization; and resolve questions of authority
and responsibility that may arise between them.
(5)
Represent this jurisdiction 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 existence of a "state of war emergency," the Director is hereby
empowered:
(i)
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 governing body;
(ii)
To obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and property and
to bind the jurisdiction for the fair value thereof and, if required
immediately, to commandeer the same for public use;
(iii)
To require emergency services of any 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;
(iv)
To requisition necessary personnel or material of the departments
or agencies; and
(v)
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 governing body, all powers conferred
by any statute, by any agreement approved by the governing body, 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 duties during an emergency.
Such order of succession shall be approved by the governing body.
(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 jurisdiction; and
shall have such other powers and duties as may be assigned by the
Director.
(Ord. 715 § 1, 2018)
All officers and employees, 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 2.32.060(A)(6)(c)
of this Chapter, be charged with duties incident to the protection
of life and property during such emergency, shall constitute the emergency
organization of the City of Indian Wells.
(Ord. 715 § 1, 2018)
The Indian Wells Disaster Council shall comply with the California
Emergency Services Act.
(Ord. 715 § 1, 2018)
The Indian Wells Disaster Council shall be responsible for the
development of the emergency plan, which plan shall provide for the
effective mobilization of all of the resources of this jurisdiction,
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 governing body.
(Ord. 715 § 1, 2018)
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 Indian Wells.
(Ord. 715 § 1, 2018)
It is a misdemeanor, punishable by a fine of not to exceed $1,000,
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 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.
(c)
Wear,
carry, or display, without authority, any means of identification
specified by the emergency agency of the State.
(Ord. 715 § 1, 2018)
Ordinance No. 169 of the City of Indian Wells is hereby revoked;
provided, that it is the intent of the City Council in enacting the
ordinance codified in this Chapter that it shall be considered a revision
and continuation of the Ordinance No. 169 repealed by the ordinance
codified in this Chapter, and the status of volunteers shall not be
affected by such repeal; nor shall plans and agreements, rules and
regulations, or resolutions adopted pursuant to such repealed Ordinance
No. 169 be affected by such repeal until amended, modified, or superseded
as provided in this Chapter.
(Ord. 715 § 1, 2018)
