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 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 § 2320; Ord. 1771 § 2, 1989; Ord. 1781 § 2, 1989)
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 other political subdivisions to combat.
(Prior code §§ 2321, 2322; Ord. 1771 § 3, 1989; Ord. 1781 § 3, 1989)
The Monterey Park disaster council is created and shall consist
of the following:
(1) The
mayor, who shall be chairperson;
(2) The
director of emergency services, who shall be vice chairperson;
(3) The
assistant director of emergency services;
(4) Such
chiefs of emergency services as are provided for in a current emergency
plan of this city, adopted pursuant to this chapter;
(5) 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 § 2323; Ord. 1771 § 4, 1989; Ord. 1781 § 4, 1989)
It shall be the duty of the Monterey Park disaster council,
and it is 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 § 2324; Ord. 1771 § 5, 1989; Ord. 1781 § 5, 1989)
(a) There
is created the office of director of emergency services. The city
manager shall be the director of emergency services.
(b) There
is created the office of assistant director of emergency services,
who shall be appointed by the director.
(c) There
is created the office of coordinator of emergency services, who shall
be appointed by the director or assistant director.
(Prior code § 2325; Ord. 1771 § 6, 1989; Ord. 1781 § 6, 1989)
(a) The
director is empowered to:
(1) Request the city council to proclaim the 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;
(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 this
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 this city; and resolve questions
of authority and responsibility that may arise between them;
(5) Represent this 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 Director of the State Office of Emergency Services, or the
existence of the "state of war emergency," the director is 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" 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 person 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 order demolition of any structure which is determined to present
an immediate hazard to life or property due to structural instability,
and
(F) To execute all of his ordinary power as city manager, all of the
special powers conferred upon or her by this chapter or by resolution
or emergency plan pursuant hereto adopted by the city council, all
powers conferred upon or her 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 or her duties during an emergency.
Such order of succession shall be approved by the city council.
(c) The
assistant director shall, under the supervision of the director and
with the assistance of emergency service chiefs, develop emergency
plans and manage the emergency programs of this city; and shall have
such other powers and duties as may be assigned by the director.
(d) The
coordinator of emergency services shall, under the supervision of
the assistant director of emergency services and with the assistance
of emergency services chiefs develop emergency plans and manage the
emergency programs of this city, and shall have such other powers
and duties as may be assigned by the director or assistant director.
(Prior code § 2326; Ord. 1771 § 7, 1989; Ord. 1781 § 7, 1989)
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 2.52.060(6)(C) of this chapter, 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 § 2327; Ord. 1450 § 1, 1977; Ord. 1499 § 1, 1979; Ord. 1771 § 8, 1989; Ord. 1781 § 8, 1989)
The Monterey Park disaster council shall be responsible for
the development of the City of Monterey Park 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 § 2328; Ord. 1771 § 9, 1989; Ord. 1781 § 9, 1989)
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 § 2329; Ord. 1771 § 10, 1989; Ord. 1781 § 10, 1989)
It shall be a misdemeanor, punishable by a fine of not to exceed
one thousand dollars, or by imprisonment for not to exceed six months,
or both, for any person, during an emergency, to:
(1) Wilfully
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 or
her 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 or
property of inhabitants of this 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 of the state.
(Prior code § 2330; Ord. 1771 § 11, 1989; Ord. 1781 § 11, 1989)