The purpose of this chapter is to provide for the preparedness and carrying out of plans for the protection of persons and property within the city in the event of an emergency or disaster; the direction of the emergency disaster organization; and the coordination of the emergency disaster functions of the city with the county and all other public agencies, corporations and organizations, and affected private persons.
(Prior code § 2.20.010; Ord. 92-9 § 1, 1992)
Any expenditures made by the city in connection with emergency disaster 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 § 2.20.020; Ord. 92-9 § 1, 1992)
A. 
As used in this chapter:
"State of war emergency"
means the condition which exists immediately, with or without proclamation of the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
"State of emergency"
means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, 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 a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of the magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
"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 such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, or earthquake or other conditions, 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 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 requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
B. 
Other terms used in this chapter shall have the meanings as used in the California Emergency Services Act.
(Prior code § 2.20.030; Ord. 92-9 § 1, 1992)
The city disaster council is created and shall consist of the following individuals; provided, however, that the disaster council shall not exceed 15 members at any time:
A. 
The mayor of the city, who shall chair the disaster council;
B. 
The director of disaster services who shall be the city manager or shall be designated by the city manager and who shall serve as vice-chair of the disaster council;
C. 
The assistant director of disaster services for the city at such time as an assistant is appointed by the city manager;
D. 
Such chiefs of emergency service as are provided for in a current emergency plan of this 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 coordinator of the office of emergency services with the advice and consent of the city council.
(Prior code § 2.20.040; Ord. 92-9 § 1, 1992)
It shall be the duty of the Buellton 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 council's chair or, in the absence of the mayor from the city or inability to call such meeting, upon call of the council's vice-chair.
(Prior code § 2.20.045; Ord. 92-9 § 1, 1992)
The city disaster corps consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the city. The officers of the city shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the city, and to conduct the activities thereof.
(Prior code § 2.20.050; Ord. 92-9 § 1, 1992)
The disaster corps shall be activated and shall function as a disaster relief body, only:
A. 
Upon the existence of a "state of war emergency";
B. 
Upon the declaration by the Governor of the state, or of persons authorized to act in his or her stead, of a "state of emergency" affecting and including the city;
C. 
Upon the declaration of a "local emergency" by the city council of the city or by persons authorized in this chapter to act in its stead.
(Prior code § 2.20.060; Ord. 92-9 § 1, 1992)
The city manager shall be the disaster director (the "director"). In the city manager's absence or inability to act the city manager shall automatically be succeeded as the director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the city.
(Prior code § 2.20.070; Ord. 92-9 § 1, 1992)
The director shall have the following powers and duties:
A. 
To request the city council to proclaim the existence of a "local emergency" if the council is in session, or to issue such a proclamation if the council is not in session, subject to ratification by the city council within seven days of such proclamation. If such action is not ratified by the city council as provided in this chapter, the proclamation of the director shall have no further force or effect;
B. 
To request the governor to proclaim a "state of emergency" when the locally available resources are inadequate to cope with the emergency;
C. 
To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps;
D. 
To represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
E. 
During the existence of a "state of war emergency," as defined in Government Code Section 8558(a), or the proclaimed existence of a "state of emergency" by the Governor or the State Office of Emergency Services, or a "local emergency" affecting the city:
1. 
To control and direct the activities of the disaster corps and all other facets of the emergency organization of the city in the accomplishment of the purposes of this chapter,
2. 
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, that such rules and regulations must be ratified at the earliest practicable time by the city council,
3. 
To use all city resources for the preservation of life and property and to reduce the effects of the disaster,
4. 
To direct cooperation between, and coordination of, services and the staff of the emergency organization of the city and to resolve questions of authority and responsibility which may arise between them,
5. 
To obtain vital supplies, equipment and such other property found needed and lacking for the protection of life and property and to bind the city for the fair market value thereof and, if required immediately, to commandeer the same for public use,
6. 
To delegate to elected and appointed officials of the city such duties and authority as the director deems necessary,
7. 
To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the city or a "state of war emergency," to command the aid of as many citizens of the city as the director deems necessary in the execution of the duties required of him/her by this chapter; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers,
8. 
To requisition necessary personnel or material of any city department or agency,
9. 
To execute all of the ordinary powers of the city manager; all of the special powers conferred upon the director by this chapter or by resolution or emergency plan adopted by the city council; all powers conferred upon the director or city manager by statute or agreement approved by the city council; and, any other lawful authority granted to the director in that capacity or the capacity of city manager,
10. 
To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided in this chapter,
11. 
To exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws;
F. 
In addition to the powers granted in this chapter, the director shall have such powers incidental to the performance of his or her duties as shall be necessary to allow him/her to carry out the disaster operations plan of the city, it being the intent of this chapter that the enumerated powers in this chapter are not limitations upon his or her powers;
G. 
The director shall designate the order of succession to his or her office subject to approval of the city council; which shall take effect in the event that the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency.
(Prior code § 2.20.075; Ord. 92-9 § 1, 1992; Ord. 92-18 § 2, 1992)
There is created the office of assistant director of disaster services for the city, which office shall be filled at the time deemed necessary in the discretion of the director. Any appointment to fill this office shall be ratified by the city council.
(Prior code § 2.20.080; Ord. 92-9 § 1, 1992)
A. 
Each person who shall succeed to each position or office as provided in this chapter, and as provided in the disaster operations plan of the city shall succeed to all the powers and duties of the office succeeded to immediately upon such succession; provided, however, that the succession of authority for members of the city council shall be governed by subsection B of this section.
B. 
The line of succession for the position of mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the city council, shall be mayor pro tempore, followed by the remaining city council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8538 of the Government Code of the state. When two or more members of the city council are elected at the same time, seniority shall be determined by the vote received by each such member at the last election with seniority being afforded such city council members in the same rank as the vote attained by each, the higher vote count equating to greater seniority. When two or more city council members have been appointed to the city council, the city clerk shall draw lots to determine seniority for purposes of seniority hereunder. Seniority shall always be afforded elected members of the city council over appointed members of the city council.
(Prior code § 2.20.100; Ord. 92-9 § 1, 1992)
During the existence of a "state of war emergency," or of a proclaimed "state of emergency" or "local emergency" affecting the city, each member of the disaster corps shall have authority to require that all persons shall follow reasonable orders given by him/her within the scope of his or her functions in order to execute the disaster operations plan of the city, and the wilful failure of any person to follow such reasonable order or orders is a misdemeanor, subject to punishment in accordance with Section 1.32.010, et seq., of this code.
(Prior code § 2.20.110; Ord. 92-9 § 1, 1992)
The disaster council shall be responsible for development of the city emergency plan, which shall provide for the effective mobilization of 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 organizations. Such plan shall take effect upon adoption by resolution of the city council.
(Prior code § 2.20.130; Ord. 92-9 § 1, 1992)
It is unlawful and a criminal act and a misdemeanor, subject to punishment in accordance with Section 1.32.010, et seq., of this code, for any person, during a "state of emergency," "war emergency," "local emergency" or other condition of disaster:
A. 
To wilfully obstruct, hinder or delay any member of the disaster corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter;
B. 
To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or
C. 
To wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the federal or state governments.
(Prior code § 2.20.140; Ord. 92-9 § 1, 1992)
Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the city, the director, or in the event of his or her inability to act, the sheriff may determine that a local emergency disaster exists at such time the director shall forthwith proclaim in writing the existence of a state of local emergency. He/she shall cause widespread publicity and notice to be given to such proclamation.
(Prior code § 2.20.150; Ord. 92-9 § 1, 1992)
The proclamation of local emergency by the city council or the director, as provided in this chapter, shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Whenever a local emergency is proclaimed by the director, the local emergency shall not remain in effect for a period in excess of seven days from the time the proclamation is issued unless it has been ratified by the city council. The city council shall review, at least every 14 days, until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.
(Prior code § 2.20.160; Ord. 92-9 § 1, 1992; Ord. 92-18 § 2, 1992)
A. 
After the issuance of a proclamation of local emergency, the director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the city council. In addition to those powers and duties set forth in Section 2.52.090, the director is granted, but shall not be limited to, the following powers:
1. 
Curfew. The director may order a general curfew applicable to the entire city or such geographical areas thereof as he/she deems necessary to protect the public health, safety, welfare and morals.
As used in this chapter, "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempt from the foregoing curfew requirements;
2. 
Business Closing. The director may order the closing of any business establishments anywhere within the city; such businesses to include, but not be limited to, those selling alcoholic beverages, gasoline or firearms;
3. 
Alcoholic Beverages. The director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages shall be found by the director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency;
4. 
Weapons. The director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property;
5. 
Closed Areas. The director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency;
B. 
The foregoing specific authorizations of authority vested in the director and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period.
(Prior code § 2.20.170; Ord. 92-9 § 1, 1992)