The declared purposes of the ordinance codified in 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. 892 § 1, 1973; Ord. 1756 § 1, 2015)
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.
(Ord. 892 § 2, 1973; Ord. 1756 § 1, 2015)
The La Habra emergency preparedness council is created and shall consist of the following:
A. 
The mayor, who shall be chairperson;
B. 
One additional member of the city council, appointed by the mayor, who shall be the vice chairperson;
C. 
The director of emergency services;
D. 
The assistant director of emergency services;
E. 
The police chief;
F. 
The public works director;
G. 
Three representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the chairperson with the advice and consent of the city council.
(Ord. 892 § 3, 1973; Ord. 1756 § 1, 2015)
It shall be the duty of the La Habra emergency preparedness council, and it is empowered to perform the following tasks:
A. 
Promote emergency preparedness throughout the community to include citizens emergency response training (CERT), citizens police academy, neighborhood watch meetings, police department open house, periodic community preparedness meetings and other public outreach opportunities to encourage emergency preparedness as they arise.
B. 
Oversee the development, implementation and maintenance of a volunteer disaster service worker program that will be in compliance with California laws and regulations, and thus assure that the city and its emergency response volunteers enjoy the benefits and protections provided by state law, while engaged in emergency response activities as well as the training and exercises necessary to prepare them for emergency response activities.
C. 
Serve as the approval authority for disaster service worker training and exercise activities, propose and submit, for city council consideration, a budget and expenditure requests to accomplish and support training, exercise and other support activities.
D. 
Identify and recommend, for city council consideration, budget expenditures related to the city's emergency preparedness and volunteer disaster service worker program.
E. 
Serve as a review and recommendation panel for the maintenance and revisions to the city's emergency response plan, hazard mitigation plan and continuation of operations plan, mutual aid agreements and other related emergency preparedness, mitigation, planning, response and recovery documents.
F. 
Conduct, review and make recommendations concerning emergency preparedness and service matters referred to it by the city council.
G. 
Meetings. The emergency preparedness council shall meet upon call of the chairperson, or in his or her absence from the city or inability to call such meeting, upon call of the vice chairperson.
(Ord. 892 § 4, 1973; Ord. 1756 § 1, 2015)
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 this 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 this city; 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 in Section 2.52.020;
6. 
In the event of the proclamation of a local emergency as provided in subsection (A)(1) of this section, 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 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 he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all 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, and
e. 
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 any statute, all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority;
7. 
In the event of a situation in which a significant number of persons are without ability to obtain shelter, resulting in a threat to their health and safety, the director of emergency service or the assistant director of emergency services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the California Government Code.
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 his or her duties during an emergency. Such order of succession shall be approved by the city council.
C. 
The police chief shall, under the supervision of the director, 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. 892 § 6, 1973; Ord. 1756 § 1, 2015)
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 subsection (A)(6)(c) of Section 2.52.060, 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. 892 § 7, 1973; Ord. 1756 § 1, 2015)
The police chief shall ensure that the city's emergency plans are developed and maintained. These plans 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. The emergency preparedness council shall receive and review the emergency plans and/or proposed revisions to emergency plans, and upon their approval, forward the approved plans to the city council for their consideration. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. 892 § 8, 1973; Ord. 1756 § 1, 2015)
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. 892 § 9, 1973; Ord. 1756 § 1, 2015)
It is a misdemeanor, punishable by a fine of not to exceed one thousand 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 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 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. 892 § 10, 1973; Ord. 1756 § 1, 2015)