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.
(Ord. 1186 § 1, 1983)
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 without limitation 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. 1186 § 1, 1983)
The city of Palm Springs disaster council is created and shall
consist of the following:
(1)
The
director of emergency services, who shall be chairman;
(2)
The
coordinator of emergency services;
(3)
Such
chiefs of emergency services as are provided for in a current emergency
plan of this city, adopted pursuant to this chapter;
(4)
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. 1186 § 1, 1983)
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 the absence from the city or inability to call such meeting,
upon call of the designated replacement as per the order of succession.
(Ord. 1186 § 1, 1983)
(a)
The
director is empowered to:
(1)
Request the city council to proclaim the existence of a "local emergency"
if the city council is in session, or to issue such proclamation if
the emergency is proclaimed by the director of emergency services.
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 2.20.020;
(6)
In the event of the proclamation of a local emergency as provided
in 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 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 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 to any city department
or agency; and
(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 statute, by any agreement approved
by the city council, 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 his duties during an emergency.
Such order of succession shall be approved by the city council.
(c)
The
coordinator 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.
(Ord. 1186 § 1, 1983)
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 2.20.050 (a) (6) (C), 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. 1186 § 1, 1983)
The disaster council shall be responsible for the development
of the city emergency plan, which plan shall provide for the effective
mobilization of all 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.
(Ord. 1186 § 1, 1983)
Any expenditures made in connection with the 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. 1186 § 1, 1983)
A.
Violation
Unlawful. It is unlawful and declared a public nuisance for any person
to:
(1)
Violate any emergency order made by the Governor of the State of
California under the Emergency Services Act, any order of the State
Department of Public Health or Riverside County Health Officer, or
any Emergency Order of the City;
(2)
Wilfully obstruct, hinder or delay any member of the emergency organization
in the enforcement of any lawful Emergency Order issued pursuant to
this chapter, or in the performance of any duty imposed upon him by
virtue of this chapter; or
(3)
Wear, carry or display, without authority, any means of identification
specified by the emergency agency of the state.
B.
C.
Violations
Ongoing. Each and every day a violation is maintained, caused, aided,
abetted, concealed, suffered, or permitted is a separate offense.
D.
Remedies
Cumulative. The remedies, procedures, and penalties provided by this
Section are cumulative to each other and to any other available under
City, State, or federal law.
(Ord. 1186 § 1, 1983; Ord. 2026 § 6, 2020)
