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.
(Prior code § 7.1; Ord. 2262 § 1, 1982)
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, earthquake
or other conditions, including conditions resulting from war or imminent
threat of war.
(Prior code § 7.2; Ord. 2262 § 1, 1982)
In the case of an emergency as defined by Section
2-24.020, the Mayor shall assume general control of the City government and all its branches and shall be responsible for the suppression of disorders and the restoration of normal conditions.
(Prior code § 7.3; Ord. 2262 § 1, 1982)
(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.
(Prior code § 7.4; Ord. 2262 § 1, 1982)
(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
is 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 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;
(5) Represent the City in all dealings with public or private agencies
on matters pertaining to emergencies as defined in this chapter;
(6) In the event of the proclamation of a "local emergency"
as provided in this chapter, 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,
(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 market value thereof, and, if required,
to immediately 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 deems necessary in the execution
of his duties; such person 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,
(e) To execute all of his ordinary power as City Manager, all of the
special powers conferred upon him by this chapter or by resolution
or emergency plan pursuant hereto adopted by the City Council, all
powers conferred upon him by any agreement approved by the City Council,
and by any other lawful authority;
(7) Advise the City Council on the needs of the City;
(8) Delegate duties as necessary.
(B) The
Director of Emergency Services shall designate the order of succession
to that office to take effect in the event the Director is not available
to attend meetings or otherwise perform his duties.
(C) The
Assistant Director, under the supervision of the Director and with
the assistance of emergency service chiefs, shall assist with the
development of emergency plans, annexes, operating procedures, and
such other rules and regulations necessary to manage the emergency
programs of the City; and shall have such other powers and duties
as may be assigned by the Director and City Manager.
(Prior code § 7.5; Ord. 2262 § 1, 1982)
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 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.
(Prior code § 7.6; Ord. 2262 § 1, 1982)
The City Manager shall be responsible for the development of
the City of Santa Rosa emergency plan. The plan shall provide for
the effective mobilization 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 caused 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 § 7.7; Ord. 2262 § 1, 1982)
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 § 7.8; Ord. 2262 § 1, 1982)
It shall be a misdemeanor 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) Wear,
carry, or display, without authority, any means of identification
specified by the emergency agency of the state.
(Prior code § 7.9; Ord. 2262 § 1, 1982; Ord.
3238 § 5, 1996)
Ordinance No. 1542 of the City is repealed. It is the intent
of the City Council in enacting this chapter that it shall be considered
a revision and continuation of the ordinance repealed by 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 be affected by such repeal
until amended, modified, or superseded as provided in this chapter.
(Prior code § 7.10; Ord. 2262 § 1, 1982)
This chapter shall become effective on November 25, 1982.
(Prior code § 7.11; Ord. 2262 § 1, 1982)
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications, and to this end, the
provisions of this chapter are declared to be severable.
(Prior code § 7.12; Ord. 2262 § 1, 1982)