The purpose of this chapter is to provide for the preparation and implementation 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.
(Ord. 171 § 1, 1973; Ord. 523 § 1, 2009)
As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of peril to the safety of persons or property within this City caused by conditions such 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 labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, or facilities of this City, requiring the combining forces of other political subdivisions to combat.
(Ord. 171 § 2, 1973; Ord. 523 § 1, 2009)
The City of Live Oak Disaster Council is hereby created and shall consist of the following:
A. 
The Mayor, who shall be the chair;
B. 
The Director of Emergency Services, who shall be the vice-chair;
C. 
Such chiefs of emergency services as are provided for in a current emergency plan of the City adopted pursuant to the provisions of this chapter; and
D. 
Such representatives of the civic, business, labor, veteran, 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. 171 § 3, 1973; Ord. 523 § 1, 2009)
It shall be the duty of the City of Live Oak Disaster Council to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chair or, when the chair is absent from the City or unable to call such meeting, upon call of the vice-chair.
(Ord. 171 § 4, 1973; Ord. 523 § 1, 2009)
A. 
The Director of Emergency Services is hereby empowered to:
1. 
Request the City Council to proclaim the existence or threatened existence of a "local emergency," if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, 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 of the State to proclaim a "state of emergency" when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency;
3. 
Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter;
4. 
Direct cooperation between, and coordination of, the services and staff of the emergency organization of the City and resolve questions of the authority and responsibility which may arise between them;
5. 
Represent the City in all dealings with the public or private agencies on matters pertaining to emergencies as defined in Section 2.24.020 of this chapter; and
6. 
In the event of the proclamation of a "local emergency" as provided in this subsection A, the proclamation of a "state of emergency" by the Governor or the Director of the office of Emergency Services of the State, or the existence of a "state of war emergency," the Director of Emergency Services is empowered:
a. 
To make and issue rules and regulations on matter reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations shall 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 protection of life and property, to bind the City for the value thereof, and, if required immediately, to command the same for public use,
c. 
To require the emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County of the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State laws for the registered disaster workers,
d. 
To requisition the necessary personnel or materials of any City department or agency, and
e. 
To execute all ordinary powers as City Manager, all of the special powers conferred by the provisions of this chapter or by resolution of the emergency plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred by any statute, by any agreement approved by the City Council, or by any other lawful authority;
7. 
Assign, as determined appropriate, responsibility to emergency services chiefs for developing and directing the various City emergency response capabilities and providing for the training of City personnel.
B. 
The Director of Emergency Services shall designate the order of succession to his or her office to take effect in the event the Director is unavailable to attend meetings or otherwise perform the duties during an emergency. Such order of succession shall be approved by the City Council.
(Ord. 171 § 6, 1973; Ord. 523 § 1, 2009)
All officers and employees of the 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 pressed into service under the provisions of subsection (A)(6) of Section 2.24.060, be charged with the duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City.
(Ord. 171 § 7, 1973; Ord. 523 § 1, 2009)
The City of Live Oak Disaster Council shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any 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. 171 § 8, 1973; Ord. 523 § 1, 2009)
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.
(Ord. 171 § 9, 1973; Ord. 523 § 1, 2009)
It is a misdemeanor, punishable as provided in Section 1.12.010, 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 the 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 delay, without authority, any means of identification specified by the emergency agency of the State.
(Ord. 171 § 10, 1973; Ord. 523 § 1, 2009)