Note: Prior ordinance history: Ord. 2 § 1, Ord. 66 § 1, Ord. 554 § 1.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, environment and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency function of this city with the county of Riverside and all other public agencies, corporations, organizations, and affected private persons as provided by the California Emergency Services Act, Government Code Section 8550 et seq., (the "Act").
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
As used in this chapter, "emergency"
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 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, requiring the combined forces of other political subdivisions to combat. The terms "state of war emergency," "state of emergency" and "local emergency" shall have the definitions assigned by the Act.
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
A. 
Pursuant to the Act, the Cathedral City disaster council is hereby created and shall consist of the following:
1. 
The mayor, who shall be chair;
2. 
The director of emergency services, the city manager, who shall be vice-chair;
3. 
The police chief and the fire chief, who shall be assistant directors of emergency services; and
4. 
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 and as authorized pursuant to the Act and its regulations.
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
It shall be the duty of the Cathedral City 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 the call of the chair or, in the chair's absence from the city or the chair's inability to call such meeting, upon the call of the vice chair.
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
A. 
The director 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 proclamation of a "local emergency" is made by the director, the city council shall be convened to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The need for continuing the existence of the local emergency shall be reviewed by the city council at least once every thirty days, until such time as the city council terminates the local emergency. The city council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
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 the 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 the city, and resolve questions of authority and responsibility that may arise between them;
5. 
Represent the 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 a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a "state of war emergency," the director is hereby further empowered:
a. 
To make and issue rules and regulations on matters reasonably related to the protection of life, environment and property as affected by such emergency; provided however, such rules and regulations must be confirmed or disallowed at the earliest and practicable time by the city council. If the city council has not confirmed or disallowed the rules and regulations within seven calendar days from their issuance, the rules and regulations shall be of no further force or effect;
b. 
To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life, environment 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 officer or employee and, in the event of the proclamation of a "state of emergency" in the county of Riverside or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers;
d. 
To requisition necessary personnel or material of any city department or agency;
e. 
To execute all ordinary power as city manager and all the special powers conferred upon the city manager by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon the city manager 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 the duties of the office during an emergency. Such order of succession shall be subject to the approval of the city council.
C. 
The assistant directors shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the director.
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
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 impressed into service under the provisions of Section 2.20.060(A)(6)(c) of this chapter, be charged with duties incident to the protection of life, environment and property in the city during such emergency, shall utilize the Standardized Emergency Management System (SEMS) incorporating the National Incident Management System (NIMS) and shall constitute the emergency organization of the city.
(Ord. 628 § 1, 2006; Ord. 690 § 1, 2010)
The Cathedral City disaster council shall be responsible for the development of the city of Cathedral City emergency plan, which shall provide for the effective mobilization of all of the resources of the city, both private and public, 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. 628 § 1, 2006; Ord. 690 § 1, 2010)
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, environment and property of the city.
(Ord. 690 § 1, 2010)
A. 
It shall be a violation punishable as an infraction to:
1. 
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 by virtue of this chapter;
2. 
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, environment or property of the inhabitants of the city of Cathedral City, or to prevent, hinder, or delay the defense or protection thereof;
3. 
Wear, carry, or display, without authority, any means of identification specified by the emergency agency or the state.
B. 
Infraction penalties and fines for violations of this chapter are those set forth in Section 13.65.050 of this code.
(Ord. 690 § 1, 2010)