Note: Prior ordinance history: Ords. 72, 100 and 928.
The declared purposes of this chapter are to provide for the
preparation, formulation, implementation and administration of plans
for the protection of persons and property within the city in the
event of public emergency and/or disaster conditions.
(Ord. 1050 § 1, 2012)
As used in this chapter, "state of emergency" means the duly
proclaimed existence of actual or threatened conditions of disaster
or of extreme peril to the safety of persons and property within the
city caused by such conditions as air pollution, fire, flood, storm,
epidemic, riot, earthquake, or other conditions, including conditions
resulting from war or imminent threat of war, which conditions are,
or are likely to be, beyond the control of the services, personnel,
equipment and facilities of the city, requiring combined forces of
other political subdivisions to combat.
(Ord. 1050 § 1, 2012)
The emergency preparedness commission, as established by resolution,
shall advise the city council on matters pertaining to emergency services
planning and emergency preparedness training within the city. The
city council may revise the purposes, powers, and makeup of the emergency
preparedness commission via resolution.
(Ord. 1050 § 1, 2012)
The emergency preparedness committee is created and shall consist
of city employees including the city manager, department heads and
other key management staff as determined by the city manager. Each
member of the emergency preparedness committee shall be provided a
hand-held radio to be kept at home for after hours communication in
the event of a disaster. The emergency preparedness committee's role
is to assist the city manager with preparation for a disaster, the
city's response, and recovery efforts.
(Ord. 1050 § 1, 2012)
A.
A state
of emergency may be declared for good and sufficient reason by the
city council or, if the city council is not in session, by the following:
B.
Whenever
a state of emergency is proclaimed by other than the city council,
the city council shall take action to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force
or effect.
(Ord. 1050 § 1, 2012)
The city council shall review, at least every fourteen 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 the conditions warrant.
(Ord. 1050 § 1, 2012)
In the event of a declared state of emergency, city hall shall
serve as the emergency operations center for the city, with the Rancho
Mirage public library serving as the alternate location. The city
council or the city manager or designee shall have the authority to
designate another location as the emergency operations center.
(Ord. 1050 § 1, 2012)
A.
The
city manager or designee is empowered to request the governor proclaim
a "state of emergency" when, in the opinion of the city manager or
designee, the locally available resources are inadequate to cope with
the emergency.
B.
The
city manager or designee shall represent the city in all dealings
with public or private agencies on matters pertaining to emergencies
as defined in this chapter.
C.
During
a state of emergency affecting the city, the city manager or designee
shall, to the extent he or she deems necessary, have complete authority
over all departments of the city and the right to exercise, within
the area designated, all police powers vested in the city by the Constitution
and laws of the state in order to effectuate the purpose of this chapter.
The city manager or designee may direct all departments of the city
to utilize and employ city personnel, equipment and facilities for
the performance of any and all activities designed to prevent or alleviate
actual or threatened damage due to the emergency.
D.
During
a state of emergency, agencies so directed by the city manager or
designee may expend any of the funds which have been appropriated
to it in performing activities designed to prevent or alleviate actual
or threatened damage due to the emergency, irrespective of the particular
purpose for which the money was appropriated. Any expenditure 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.
E.
During
a state of emergency, the city manager or designee is empowered 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 confirmed
at the earliest practicable time by the city council.
F.
During
a state of emergency, the city manager or designee is empowered 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 use thereof, and, if required immediately, to commandeer
the same for public use.
G.
During
a state of emergency, the city manager or designee is empowered to
require emergency services of any city officer or employee, and to
command the aid of as many citizens of the community as the city manager
or designee 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 any applicable federal, state or local law.
H.
During
a state of emergency, the city manager or designee is empowered to
requisition necessary personnel or material of any city department.
I.
During
a state of emergency, the city manager or designee is empowered to
execute all of his or her ordinary powers as city manager, all of
the special powers conferred upon the city manager by this chapter
or by resolution or emergency plan pursuant hereto adopted by the
city council, and all powers conferred upon the city manager by any
statute, by any agreement approved by the city council, and by any
other lawful authority. It is the intent of this chapter that the
enumerated powers herein are not intended to be limitations upon the
city manager's power.
(Ord. 1050 § 1, 2012)
During a declared emergency, the city council may promulgate
orders and regulations necessary to provide for the protection of
life and property including orders or regulations imposing a curfew
within designated boundaries where necessary to preserve the public
order and safety. Such orders and regulations shall be in writing
and shall be given widespread publicity and notice.
(Ord. 1050 § 1, 2012)
During the existence of a state of emergency, law and order
must be preserved and insofar as possible government services continued
or restored. This can best be done by civil government. To provide
for the continuance of the legislative branch of the city, each councilmember
shall have the authority to nominate for approval by the full council
three individuals as his or her standbys. Standby officers shall be
designated first, second and third, as the case may be. Their duties
shall be to fill the post to which appointed in the order designated
during a state of emergency when the regular councilmember is unavailable.
The standby councilmember shall serve until the regular councilmember
becomes available.
(Ord. 1050 § 1, 2012)
The city shall not be liable for any claim based upon the exercise
or performance or the failure to exercise or perform a discretionary
function or duty in carrying out the provision of this chapter on
the part of any city employee.
(Ord. 1050 § 1, 2012)
Volunteers duly registered with the city or unregistered persons
duly pressed into service during any declared emergency affecting
the city in carrying out, complying with or attempting to comply with
any order or regulation issued pursuant to the provisions of this
chapter, while performing any of their authorized functions or duties,
shall have the same degree of responsibility for their actions and
enjoy the same immunities as officers and employees of the city.
(Ord. 1050 § 1, 2012)
A.
This
section is intended to protect citizens from excessive and unjustified
increases in the prices charged during any abnormal disruption of
the marketplace for consumer goods and services vital and necessary
for the health, safety and welfare of consumers resulting from emergency
or major disaster for which a state of emergency for the city is proclaimed.
B.
Upon
proclamation of a state of emergency involving or threatening the
lives, property or welfare of the citizens, and for a period of thirty
days from the date such declaration is terminated, it is unlawful
for any person, contractor, business or other entity to sell or offer
to sell any consumer food items, repair or reconstruction services,
emergency or medical supplies, or gasoline for an amount which exceeds
ten percent above the price charged by such person, contractor, business
or other entity for said goods or services on the day prior to the
proclamation of emergency, unless said person, business contractor
or other entity can establish that an increase in price was directly
attributable to additional costs imposed on it by the supplier of
the goods or for labor and materials used to provide the service.
C.
A "consumer food item"
"Repair or reconstruction services"
"Emergency supplies"
"Medical supplies"
"Gasoline"
For
purposes of this section the following definitions shall apply:
is any article which is used or intended for use for food,
drink, confection or condiment by man or other animal.
are those contractor services for repairs to residential
and commercial property of any type which are damaged as a result
of a disaster. Contractor services are services as defined by Business
and Professions Code Sections 7025, 7026, 7026.1 and 7026.3.
shall include, but are not limited to, water, water purification
devices or tablets, flashlights, lanterns, radios, batteries, candles,
blankets, soaps, tents, cooking and heating fuels and diapers.
shall include, but are not limited to, prescription and nonprescription
drugs, bandages, gauze, splints and isopropyl alcohol.
shall include all octane levels of unleaded, leaded, diesel
and alternative fuels.
(Ord. 1050 § 1, 2012)
It is unlawful to willfully obstruct, hinder or delay any city
emergency services.
(Ord. 1050 § 1, 2012)
It is unlawful to wear, carry or display without authority any
means of identification specified by the civil defense and/or disaster
agencies of the federal or state governments.
(Ord. 1050 § 1, 2012)
