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.
(Ord. 1567 § 2, 1996)
means the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property
within the county 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 county, requiring the
combined forces of other political subdivisions to combat.
(Ord. 1567 § 2, 1996)
The Merced County operational area council is created and shall
consist of the following:
A.
The
chairperson of the board of supervisors, who shall be chairperson;
B.
The
director of emergency services, who shall be vice-chairperson;
C.
The
deputy directors of emergency services;
D.
County
executive officer;
E.
County
sheriff;
F.
Director
of public works;
G.
Director
of public health;
H.
Director
of mental health;
I.
Director
of environmental health; and
J.
Such
chief administrative officers or directors of emergency services of
all cities and special districts within the boundaries of Merced County,
as approved by the chairperson of the Merced County board of supervisors.
(Ord. 1567 § 2, 1996)
It shall be the duty of the Merced County operational area 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 multihazard functional plan and any other such plans
and agreements. The operational area council shall meet upon call
of the chairperson or, in his/her absence from the county or inability
to call such meeting, upon call of the vice-chairperson of the board
of supervisors, the county executive officer or the vice-chairperson
of the operational area council.
(Ord. 1567 § 2, 1996)
A.
There
is created the office of director of emergency services. The Merced
County fire chief shall be the director of emergency services.
B.
There
is created two positions of deputy director of emergency services
who shall be designated by the director of emergency services: (1)
deputy director of operations; and (2) deputy director of administration.
(Ord. 1567 § 2, 1996)
A.
The
director 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, 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 14 days 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, 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 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 service 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.
C.
Deputy
director of operations 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 of administration shall, under the supervision of
the director and with the assistance of emergency service directors,
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)
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 2.72.060(A)(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)
The Merced County operational area council shall be responsible
for the review of the county multihazard functional plan, which plan
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)
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)
It shall be a misdemeanor, punishable by a fine of not to exceed
$1,000, or by imprisonment for not to exceed one year, or both, for
any person during a state of war emergency, state of emergency, or
local 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/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)
