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.
(Ord. 308 § 1, 1972)
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, and requiring
the combined forces of other political subdivisions to combat.
(Ord. 308 § 2, 1972)
The City Disaster Council is 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;
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.
(Ord. 308 § 3, 1972)
A. There
is created the office of Director of Emergency Services. The Fire
Chief 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.
(Ord. 308 § 5, 1972; Ord. 2018-1177 § 2)
The Director is empowered to do the following:
A. 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;
B. 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;
C. Control
and direct the effort of the emergency organization of the City for
the accomplishment of the purposes of this chapter;
D. 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;
E. Represent
the City in all dealing with public or private agencies on matters
pertaining to emergencies as defined in this chapter.
(Ord. 308 § 6(A)(1)—(5),
1972)
In the event of the proclamation of a local emergency as provided in Section
2.52.060, 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 to do the following:
A. 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. 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. 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
the City is located or the existence of a state of war emergency,
to command the aid of as many citizens of the 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. Requisition
necessary personnel or material of any City department or agency;
and
E. 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 to this chapter adopted by the City Council,
all powers conferred upon him or her by any statute, by an agreement
approved by the City Council, and by any other lawful authority.
(Ord. 308 § 6(A)(6), 1972)
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.
(Ord. 308 § 6(B), 1972)
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.
(Ord. 308 § 6(C), 1972)
All officers and employees of the 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
C of Section
2.52.070, be 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.
(Ord. 308 §7, 1972)
The City 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 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 resolution
of the City Council.
(Ord. 308 § 8, 1972)
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.
(Ord. 308 § 9, 1972)
It is a 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 do the following:
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
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.
(Ord. 308 § 10, 1972)