The declared purposes of this chapter are to provide for the
preparation and carrying out of plans for the protection of persons,
property and the environment within this City in the event of an emergency
or disaster; the direction of emergency organization; and the coordination
of the emergency functions of the City with the County Operational
Area, other public agencies or entities, and affected private persons,
corporations, or organizations. Any expenditures made in connection
with such Emergency Services activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit
of the inhabitants of the City.
(Ord. 3082, 1965; Ord. 5594, 2012)
As used in this chapter, the following terms shall have the
designated meanings:
The duly proclaimed 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, civil unrest, drought, sudden and severe energy shortage,
plant or animal infestation, the Governor's warning of an earthquake
or volcanic prediction, or an earthquake, or other conditions, other
than conditions resulting from a labor controversy, which are or are
likely to be beyond the control of the services, personnel, equipment,
and facilities of the City and require the combined forces of other
political subdivisions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requiring extraordinary
measures beyond the authority vested in the California Public Utilities
Commission.
An intermediate level of the state emergency services organization,
consisting of a county and all political subdivisions within the county
area. Pursuant to Government Code Section 8559, each county is designated
as an operational area. The operational area for the City of Santa
Barbara is the County of Santa Barbara.
The system required to be established by Government Code
Section 8607(a) for managing emergencies involving multiple jurisdictions
and agencies.
The duly proclaimed existence of conditions of disaster or
of extreme peril to the safety of persons and property within the
state caused by such conditions as air pollution, fire, flood, storm,
epidemic, civil unrest, drought, sudden and severe energy shortage,
plant or animal infestation, the Governor's warning of an earthquake
or volcanic prediction, or an earthquake, or other conditions, other
than conditions resulting from a labor controversy or conditions causing
a "state of war emergency," which, by reason of their magnitude, are
or are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City and require the combined forces
of a mutual aid region or regions to combat, or with respect to regulated
energy utilities, a sudden and severe energy shortage requiring extraordinary
measures beyond the authority vested in the California Public Utilities
Commission.
A condition which exists immediately, with or without a proclamation
thereof by the Governor, whenever this state or nation is attacked
by an enemy of the United States, or upon receipt by the state of
a warning from the federal government indicating that such an enemy
attack is probable or imminent.
|
Any other term or phrase used herein which is not defined herein
but is defined within the Emergency Services Act, Government Code
Section 8550, et seq., shall have the meaning ascribed therein.
|
(Ord. 3082, 1965; Ord. 5594, 2012)
The Emergency Services Council is hereby created and shall consist
of the following:
A.
The
City Administrator, who serves as Director of Emergency Services,
shall be Chair.
B.
The
Emergency Services Manager, who serves as Vice-Chair.
C.
The
Chief of Police, the Fire Chief, the Director of Public Works, and
such representatives of departments, services or divisions as are
designated by the City Administrator.
D.
Such
representatives of the community as may be appointed by the City Administrator
with the consent of the City Council.
(Ord. 3082, 1965; Ord. 3769, 1975; Ord. 4158, 1982; Ord. 5594, 2012)
It shall be the duty of the Santa Barbara Emergency Services
Council, and it is hereby empowered, to review and recommend for adoption
by the City Council emergency preparedness and mutual aid plans and
agreements, and such ordinances and resolutions and rules as are necessary
to implement such plans and agreements. The Emergency Services Council
shall meet upon call of the Director of Emergency Services, or in
his or her absence from the City or inability to call such meeting,
the Assistant City Administrator, or, in the absence or inability
of both the Director of Emergency Services and the Assistant City
Administrator, the Emergency Services Manager. The Emergency Services
Council shall be responsible for the development of the City of Santa
Barbara Emergency Management Plan which shall provide for the effective
mobilization of all the resources of the 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.
The Emergency Management Plan shall take effect upon adoption by resolution
of the City Council.
(Ord. 3082, 1965; Ord. 4158, 1982; Ord. 5594, 2012)
The Director is hereby empowered:
A.
To
ask the City Council to proclaim the existence of a local emergency,
if the City Council is in session.
B.
To
proclaim the existence of a local emergency, if the City Council is
not in session. Whenever a local emergency is proclaimed by the Director,
the local emergency shall not remain in effect for a period in excess
of seven days unless it has been ratified by the City Council.
C.
To
ask the Governor, through the Operational Area (County), to proclaim
a state of emergency when, in the opinion of the Director, the resources
of the City or the Operational Area are inadequate to respond to the
emergency.
D.
To
control and direct the effort of the Emergency Services Organization
of the City for the accomplishment of the purposes of this chapter.
E.
To
direct coordination and cooperation between divisions, services and
staff of the Emergency Services Organization of the City and to resolve
questions of authority or responsibility that may arise between them.
F.
To
use all City resources for the preservation of life and property and
to reduce the effects of the emergency.
G.
To
represent the Emergency Services Organization of the City in all dealings
with the public or private agencies pertaining to emergency services.
(Ord. 3082, 1965; Ord. 5594, 2012)
In the event a local emergency is proclaimed as provided in
this chapter, or a state of emergency or a state of war emergency
is proclaimed by the Governor or the Director of the California Office
of Emergency Services, 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 emergencies,
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 the life and property of the people
and 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 region in which this City is located, to command the aid of
as many citizens of this community as he or she thinks necessary in
the execution of his or her duties; and such persons shall be entitled
to all privileges, benefits and immunities as are provided by State
law for registered Emergency Services volunteers.
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 Administrator, all
of the special powers conferred upon him or her by this chapter or
by resolution adopted pursuant thereto, all powers conferred upon
him or her by any statute, agreement approved by the City Council,
or by any other lawful authority, and in conformity with Section 38791
of the Government Code, to exercise complete authority over the City
and to exercise all Police power vested in the City by the Constitution
and general laws.
(Ord. 3082, 1965; Ord. 5594, 2012)
A.
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
pressed into service under the provisions of Section 9.116.060.C be
charged with duties incident to the protection of life and property
in this City during such emergency, shall constitute the Emergency
Services Organization of the City of Santa Barbara.
B.
All
volunteer forces enrolled to aid the City during an emergency will
sign an oath and work as a disaster services worker for the duration
of the incident in accordance with California Government Code Sections
3100-3109.
(Ord. 3082, 1965; Ord. 5594, 2012)
The City Council shall pass a resolution adopting the City of
Santa Barbara Emergency Management Plan and Local Hazard Mitigation
Plan (Federal Disaster Management Act 2000). The Emergency Management
Plan shall set forth the form of the Emergency Services Organization,
establish and designate divisions and services, assign functions,
duties and powers, and designate officers and employees. The Local
Hazard Mitigation Plan will outline the natural, technological, and
intentional threats to the City. Insofar as possible, the form of
organization, titles and terminology shall conform to the state Standardized
Emergency Management System (SEMS) and the recommendations of the
counterpart Emergency and Disaster Agencies of the Federal Government
and the State of California.
(Ord. 3082, 1965; Ord. 4158, 1982; Ord. 5594, 2012)
The line of succession for the position of Mayor, in the case
of the absence or disability of the Mayor during a state of emergency,
a state of war emergency, a local emergency, or other conditions of
disaster, shall commence with the Mayor Pro Tempore and continue through
the members of the City Council by seniority. If two members of the
City Council have equal seniority, the member whose last name comes
earlier alphabetically shall serve as Mayor.
(Ord. 5594, 2012)
Unless exigencies render the same impossible or unduly hazardous,
the primary emergency operation center shall be maintained at Fire
Station One. The alternate emergency operation center and subsequent
disaster operation center are described in the City's Emergency Management
Plan. Also, the checklist for setting up the emergency operation center
and calling back personnel is specified in the Emergency Management
Plan and emergency operation center activation plan.
(Ord. 5594, 2012)
It shall be a misdemeanor, punishable by a fine of not to exceed
$500.00, or by imprisonment for not to exceed six months, or both,
for any person during a disaster:
A.
Wilfully
to obstruct, hinder or delay any member of the Emergency Services
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 virtue of this chapter.
B.
To
do any act forbidden by any lawful rules or regulations 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.
To
wear, carry or display, without authority, any means of identification
specified by the Emergency Services Agency of the State.
(Ord. 3082, 1965; Ord. 5594, 2012)
