The declared purposes set forth herein 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.
(Prior code § 4-051)
As used in this chapter, "emergency" means the actual or threatened
existence of conditions of disaster or of extreme peril to the safety
of persons and property within this City 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 the political subdivisions to combat.
(Prior code § 4-052)
The City of Stockton Disaster Council is hereby created and
shall consist of the following:
A. The
City Manager, who shall be chairperson.
B. The
Deputy Director of Emergency Services, who shall be the vice-chairperson.
C. The
Assistant Director of Emergency Services.
D. Emergency
organization chiefs, including the Chief of Police, Fire Chief, Director
of Public Works, Director of Municipal Utilities, Director of Finance,
Director of Parks and Recreation, Director of Community Development,
Director of Human Resources and City Physician.
E. Such
representatives of civic, business, labor, veterans, professional,
or other organizations having an official emergency responsibility,
as may be appointed by the Director with the advice and consent of
the City Council.
(Prior code § 4-053)
It is the duty of the City of Stockton 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 his or her absence from the
City or inability to call such meeting, upon call of the vice-chairperson.
(Prior code § 4-054)
The Director is hereby empowered to:
A. 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, the
City Council shall take action to ratify the proclamation within seven
days thereafter or the proclamation shall have no further force or
effect.
B. 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.
C. Control
and direct the efforts of the emergency organization of this City
for the accomplishment of the purposes set forth herein.
D. Direct
cooperation between the coordination of services and staff of the
emergency organization of this City; and resolve questions of authority
and responsibility that may arise between them.
E. Represent
this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
(Prior code § 4-056)
In the event of the proclamation of a "local emergency" as herein
provided, the proclamation of a "statement 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.
C. To require
emergency services of any City officer or employee, and in the event
of the proclamation of a "state of emergency" by the Governor 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.
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 code 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.
(Prior code § 4-056.1)
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
2.82.070(C) of this code, 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.
(Prior code § 4-057)
The City of Stockton Disaster Council shall be responsible for
the development of the City of Stockton emergency plan, which plan
shall provide for the effective mobilization of all of 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.
(Prior code § 4-058)
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.
(Prior code § 4-059)
It is a misdemeanor 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 code, or in the performance of any duty imposed upon him or
her by virtue hereof.
B. Do any
act forbidden by any lawful rule or regulation issued pursuant to
this code, 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.
(Prior code § 4-060)