Editor's note—(a) Ord. No. 1527 §§ 1—11,
adopted Sept. 13, 1972, amended Ch. 7 as follows:
(1) Revised §§ 7-1—7-10 to read as
herein set out. Formerly said sections were derived from Code 1957,
§§ 4400.1, 4400.2, 4400.11, 4402, 4451, 4452, 4454,
4461—4464, and contained definitions and general provisions
relative to the civil defense and disaster organization;
(2) Repealed former §§ 7-11, 7-12 derived
from Code 1957, §§ 4470 and 4471, which former sections
contained curfew provisions;
(3) Repealed former Art. II, §§ 7-23—7-30,
pertaining to the director of civil defense and disaster, and Art.
III, §§ 7-45—7-51, pertaining to the civil defense
and disaster council. Said former sections were derived from: Code
1957, §§ 4411—4418, 4421, 4422, 4431—4436,
and 4441—4448.
(b) Ord. No. 91-36 § 1, adopted Sept. 4, 1991,
changed the title of Ch. 7 from "Civil Defense" to "Local
Emergency."
As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
shall mean the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property
within the City of Escondido 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 this city, requiring the combined
forces of other political subdivisions to combat.
(Ord. No. 1527, § 1, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
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. This chapter in no way
limits the authority of the chiefs of emergency services, or their
designees, to participate in the San Diego Unified Disaster Council.
(Ord. No. 1527, § 2, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
The City of Escondido disaster council is hereby created and
shall consist of the following:
(a)
The
mayor, who shall be chairperson.
(b)
The
director of emergency services, who shall be vice chairperson.
(c)
Such
chiefs of emergency services as are provided for in a current emergency
plan of this city, adopted pursuant to this chapter.
(d)
Such
representatives of civic, business, labor, veterans, professional,
or other organizations having an official emergency responsibility,
as may be appointed by the director of emergency services with the
advice and consent of the city council.
(Ord. No. 1527, § 3, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
The City of Escondido disaster council is hereby empowered to carry out the duties described in Article 10 of Chapter 7 of Division 1 of Title 2 of the Government Code. It shall be the duty of the City of Escondido disaster council, and it is hereby 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 chairperson, or, in the chairperson's absence from the city or inability to call such meeting, upon call of the vice-chairperson.
By enacting this chapter, the city hereby agrees to comply with the California Emergency Services Act, Chapter 7 of Division 1 of Title 2 of the Government Code, and to follow the rules and regulations established by the California Emergency Council under the provisions of the California Emergency Services Act.
(Ord. No. 1527, § 4, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
There is hereby created the office of director of emergency
services. The city manager, or the city manager's designee,
shall be the director of emergency services.
(Ord. No. 1527, § 5, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
(a)
The
director is hereby empowered to:
(1)
Request
the city council to proclaim the existence or threatened existence
of an "emergency" if the city council is in session, or
to issue such proclamation if the city council is not in session.
Whenever an "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 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 herein.
(6)
In
the event of the proclamation of an "emergency" as herein
provided, 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 hereby 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, within the confines of the
Municipal Code and state law;
(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 or she deems necessary in the execution
of his or her 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 city department
or agency; and
(E)
To execute all of his or her ordinary power as city manager, all
of the special powers conferred upon him or her by this chapter or
by resolution or emergency plan pursuant hereto adopted by the city
council, all powers conferred upon him or her 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 or her duties during
an emergency. Such order of succession shall be approved by the city
council.
(c)
The
director of emergency services shall, with the assistance of emergency
service chiefs, develop emergency plans and manage the emergency programs
of this city.
(Ord. No. 1527, § 6, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
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 7-6(a)(6)(C) of this chapter, 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 of Escondido.
(Ord. No. 1527, § 7, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
The City of Escondido disaster council shall be responsible
for the development of the City of Escondido emergency operations
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. No. 1527, § 8, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
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 of Escondido.
(Ord. No. 1527, § 9, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
It shall be a misdemeanor, punishable by a fine of not to exceed
$1,000, or by imprisonment for not to exceed six months, or both,
for any person, during an 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
or her 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.
(Ord. No. 1527, § 10, 9-13-72; Ord. No. 2014-16, § 1, 12-10-14)
(a)
Whenever
a local emergency is declared pursuant to this chapter or pursuant
to Government Code section 8630 et seq., all costs incurred by the
city in response to such emergency, both before and after such declaration
and after its expiration shall be a charge against the party or parties
responsible for the emergency. Such costs shall include, but shall
not be limited to, all police, fire and other emergency response costs,
all traffic control costs, all evacuation and relocation costs, all
crowd control costs, all cleanup costs, all investigation costs, all
response costs of the city and all mutual aid costs. Such costs shall
include both regular time and overtime of city employees and city
contract employees.
(b)
Except
where the responsible party is a commercial enterprise pursuing its
commercial operation, in no event shall the costs imposed pursuant
to this section exceed one million dollars ($1,000,000.00).
(c)
The
liability imposed pursuant to this section constitutes a debt of the
responsible party and is collectible by the city in the same manner
as in the case of an obligation under contract, express or implied.
(Ord. No. 91-36, § 2, 9-4-91; Ord. No. 2014-16, § 1, 12-10-14)
