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 the city in the event of the emergency conditions
referred to in this chapter; the direction of the disaster organization
and the coordination of the disaster functions of the city with the
county and with all other public agencies, corporations, organizations
and affected private persons.
(Ord. 116 § 1.1, 1976)
means 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, 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, regular
personnel, equipment and facilities of the city and which may require
the combined forces of other political jurisdictions to combat.
shall have meanings as used in the California Emergency Services
Act.
(Ord. 116 §§ 2.1,
2.2, 1976)
It shall be the duty of the disaster council, and it is empowered,
to cause to be developed 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 chairman, or in his absence from the city or inability to call
such a meeting, upon the call of the vice-chairman.
(Ord. 116 § 3.1, 1976)
The city disaster council consists of the following persons:
A.
Mayor,
who shall be its chairman;
B.
Mayor
pro-tempore, who shall be its vice chairman;
C.
Remaining
city councilmembers;
D.
The
city manager, who shall be secretary.
(Ord. 116 § 3.2, 1976; Ord. 758 § 1, 1994)
The disaster council shall have power to do the following:
A.
Elect
a vice-chairman and such other officers as it may deem necessary;
B.
Enact
its own rules and procedures;
C.
Review
and recommend for adoption by the city council disaster and mutual
aid plans and agreements.
(Ord. 116 § 3.3, 1976)
The county of Riverside will make up the operational area for
the coordination of emergency activities and serve as a link in the
communications system between the state's emergency operation centers
and the local operation centers. The city shall participate in the
organization and functioning of the operational area under the direction
of the county as lead agency.
(Ord. 116 § 4.1, 1976; Ord. 758 § 2, 1994)
The city office of emergency services shall prepare plans and
provide emergency management coordination of the city's emergency
plan for all city departments and contract agencies to the city. The
office of emergency services shall be under the direction of the city's
emergency services coordinator.
(Ord. 116 § 4.2, 1976; Ord. 758 § 3, 1994)
In accordance with Government Code Section 8607, the city shall
utilize the standardized emergency management system, as established
by the state office of emergency services, to coordinate multiple
agency operations.
(Ord. 758 § 6, 1994)
A Palm Desert emergency corps shall be activated and shall function
as a disaster relief body only:
A.
Upon
the existence of a state of war emergency;
B.
Upon
the declaration by the Governor of the state, or of persons authorized
to act in his or her stead, of a state of emergency, affecting and
including the city;
C.
Upon
the declaration of a local emergency by the city council or by persons
authorized in this chapter to act in its stead;
D.
When
affirmative response is made to the county to join in a local emergency
declared by the county.
(Ord. 116 § 5.1, 1976)
A.
A local
emergency may be declared for good and sufficient reason by the city
council, or if the city council is not in session, by:
B.
Whenever
a local 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. 116 § 5.2, 1976; Ord. 758 § 4, 1994; Ord. 1253 § 1, 2013)
To provide for the continuance of the legislative and executive
departments of the city during an emergency, the city council shall
by resolution appoint the following standby officers:
A.
Three
for each member of the city council;
B.
Three
for the city manager.
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The city council shall make such appointments in accordance
with state law.
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The city council shall also provide for the succession of department
heads having duties in the maintenance of law and order or in the
furnishing of public services relating to health and safety.
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(Ord. 758 § 7, 1994)
The council shall review, at least every fourteen days, until
the local emergency is terminated, the need for continuing the local
emergency and shall proclaim the termination of the local emergency
at the earliest possible date the conditions warrant.
(Ord. 116 § 5.3, 1976)
The city manager shall be emergency corps commander. In the
absence or inability of the city manager to act, he or she shall automatically
be succeeded as emergency corps commander by any of the following
officials in the order named:
A.
Risk
manager;
B.
Director
of public works;
C.
Director
of finance;
D.
Director
of building and safety;
E.
Director
of community development;
F.
Director
of housing;
G.
Director
of economic development;
H.
Director
of special programs;
I.
City
clerk.
(Ord. 116 § 5.4, 1976; Ord. 758 § 5, 1994; Ord. 1253 § 1, 2013)
During a declared emergency affecting the city, the emergency
corps commander shall, to the extent he or she deems necessary, have
complete authority over all agencies of the city government 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. He or she may direct all agencies
of the city government 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.
Any agencies so directed by the emergency corps commander may expend
any of the moneys which have been appropriated to it in performing
such activities irrespective of the particular purpose for which the
money was appropriated. Any expenditures made in connection with emergency
activities, including mutual aid activities, are deemed conclusively
to be for the direct protection and benefit of the inhabitants and
property of the city. Reimbursements will be made to any city budgeted
function for expenditures incurred if the funds of that function are
subject to constitutional restrictions which would normally prohibit
their use for such purposes.
(Ord. 116 § 5.5, 1976)
In addition to the powers granted in Section 2.48.120, the emergency corps commander shall have such powers incidental to the performance of his or her duties as the commander as may be necessary to allow him or her to carry out the emergency operations plan of the city, it being the intent that the enumerated powers in this chapter are not intended to be limitations upon his or her powers.
(Ord. 116 § 5.6, 1976)
During the existence of a declared emergency affecting the city,
the council shall be considered to be in continuous session.
(Ord. 116 § 6.1, 1976)
During a declared emergency the 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. 116 § 6.2, 1976)
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 on the part of any employee of the city in carrying
out the provisions of this chapter.
(Ord. 116 § 7.1, 1976; Ord. 138 § 1, 1976)
Volunteers duly registered with the city disaster council 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. 116 § 7.2, 1976)
It is a misdemeanor and shall be punishable by a fine of not
more than five hundred dollars or by imprisonment for not more than
six months or both for any person during a disaster:
A.
To wilfully
obstruct, hinder, or delay any member of the city emergency corps
in the enforcement of any lawful rule, regulation or order issued
pursuant to this chapter or in the performance of any duty imposed
upon them by virtue of this chapter;
B.
To do
any act forbidden by any lawful rule, regulation or order 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 life or property or
to prevent, hinder or delay the defense or protection of persons or
property;
C.
To wear,
carry or display without authority any means or identification specified
by the civil defense and/or disaster agencies of the federal or state
governments.
(Ord. 116 § 8.1, 1976)
