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 county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the county with all other public agencies, corporations, organizations, and affected private persons. This chapter is in compliance with the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), and the California Code of Regulations, Title 19, Division 2, Subchapter 3, Section 2571.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
As used in this chapter, "Local Emergency"
means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, de-energization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from labor controversy, which are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or de-energization event that require extraordinary measures beyond the authority vested in the Public Utilities Commission.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
The Merced County operational area disaster council ("council") is created and shall consist of the following:
A. 
A member of the board of supervisors, who shall be chairperson of the council;
B. 
Deputy director-operations, office of emergency services;
C. 
Office of emergency services manager;
D. 
County fire battalion chief;
E. 
County executive officer;
F. 
County sheriff;
G. 
County director of public works;
H. 
County director of public health;
I. 
County director of behavioral health and recovery services;
J. 
County director of community and economic development;
K. 
County counsel;
L. 
Such directors of emergency services of all incorporated cities within the boundaries of Merced County.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
It shall be the duty of the Merced County operational area disaster council, and it is empowered, to review and recommend for adoption by the board of supervisors, emergency and mutual aid plans and agreements and such rules and regulations (ordinances and resolutions) as are necessary to implement the county's multi-jurisdictional hazard mitigation plan, emergency operations plan, and any other such plans and agreements. The operational area disaster council shall meet upon call of the chairperson of the disaster council or, in his/her absence from the county or inability to call such meeting, upon call of the chairperson of the board of supervisors, the county executive officer, or the deputy director-operations, office of emergency services. A policy will be developed, applied, and updated as necessary for the operational area disaster council members. This policy will cover, but is not limited to, roles and responsibilities, expected meeting attendance, use of alternate disaster council members, and voting. The operational area disaster council does not have operational duties or powers during emergencies, disasters, or other events.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
A. 
The director, deputy director-operations, or office of emergency services manager is empowered to:
1. 
Request the board of supervisors to proclaim the existence or threatened existence of a local emergency if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, deputy director-operations, or office of emergency services manager, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. NOTE: The provisions of Section 8630 of the California Emergency Services Act require that the board of supervisors review, at least every 60 days or as provided by state law, until a local emergency is terminated, the need for continuing the local emergency, and further require that the board of supervisors terminate the local emergency at the earliest possible date the conditions warrant;
2. 
Recommend that the chairperson of the board of supervisors or county executive officer request the Governor to proclaim a "state of emergency" when, in the opinion of the director, deputy director-operations, or the office of emergency services manager, the locally available resources are inadequate to cope with the emergency;
3. 
Control and direct the effort of the emergency organization of the county for the accomplishment of the purposes of this chapter;
4. 
Direct cooperation between and coordination of services and staff of the emergency organizations of the county, and resolve questions of authority and responsibility that may arise between them;
5. 
Represent the county 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, deputy director-operations, or the office of emergency services manager 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 board of supervisors.
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 county for the fair value thereof and, if required, immediately to commandeer the same for public use,
c. 
To require emergency services of any county officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of the county 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 service workers,
d. 
To requisition necessary personnel or material of any county department or agency, and
e. 
To execute all ordinary power as Merced County fire chief all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the board of supervisors, all powers conferred upon him/her by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority.
B. 
The director of emergency services shall designate the order of succession to act as director of emergency services 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 board of supervisors, by resolution. The order of succession shall fall to the deputy director-operations or the office of emergency services manager.
C. 
The deputy director-operations or the office of emergency services manager shall, under the supervision of the director, manage the emergency programs of the county; and shall have such other powers and duties as may be assigned by the director.
D. 
The deputy director-operations or the office of emergency services manager shall, under the supervision of the director and with the assistance of the emergency services directors of the incorporated cities, develop emergency plans and assist managing the emergency programs of the county; and shall have such other powers and duties as may be assigned by the director.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
All officers and employees of the county, 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 2.72.060A.6.c of this chapter, and others be charged with duties incident to the protection of life and property in the county during such emergency, shall constitute the emergency organization of the county.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
The Merced County operational area disaster council shall have power to approve as to form all proposed emergency operations procedures, plans, and other documents related to emergency preparedness and planning. The Merced County operational area disaster council shall be responsible for the review of the county's multi-jurisdictional hazard mitigation plan, and emergency operations plan, and any other such plans and agreements, these plans shall provide for the effective mobilization of all of the resources of the county, 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 board of supervisors.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively for the direct protection and benefit of the inhabitants and property of the county.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment not exceeding one year, or both, for any person during a state of war emergency, state of emergency, or local 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/her by virtue of this chapter;
B. 
Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter;
C. 
Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. 1567 § 2, 1996; Ord. 2053, 9/9/2025)