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 § 2420.1)
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 § 2420.2)
The Upland disaster council is created and shall consist of the following:
A. 
The mayor, or in his absence mayor pro tempore, who shall be chairperson;
B. 
The director of emergency services, who shall be vice-chairperson;
C. 
The assistant director of emergency services;
D. 
Such chiefs of emergency services as are provided for in a current emergency plan of this city;
E. 
Such representatives of civic, business, labor, veterans, professional, or other organizations having an official responsibility, as may be appointed by the director with the advice and consent of the city council.
F. 
A citizens' corps council shall be created as a subgroup of the disaster council. The citizens' corps council will utilize members of the disaster council for the management of existing volunteer resources defined by the council, to leverage mutually supportive endeavors among the represented groups, and to direct overall local plans to implement citizens' corps in the community. The council will have a lead role in implementing citizen corps groups within the city.
(Prior code § 2420.3; Ord. 1843 § 1, 2009)
It shall be the duty of the Upland disaster council, and it is empowered, to review 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 chair-person or, in his or her absence from the city or inability to call such meeting, upon call of the vice-chairperson.
(Prior code § 2420.4)
A. 
The director of emergency services shall request the city council to proclaim the existence, or threatened existence, of a local emergency immediately after it appears that such a local emergency exists or is threatened, if the council is in session. If the council is not in session, the director of emergency services shall immediately cause a request for a special meeting of the city council to be delivered to each councilmember who can be located.
B. 
The city council shall have the power to declare a local emergency or to request the governor to proclaim a state of extreme emergency when in their opinion, the resources locally available are inadequate to cope with the emergency.
C. 
In the event that a quorum of the city council cannot meet within one hour after issuance of a request for a special meeting, pending such meeting and subject to city council action, the director of emergency services is empowered to:
1. 
Issue a proclamation of a local emergency. Such proclamation must be ratified by city council at the earliest possible time and if not ratified within seven days, it shall have no further force or effect.
2. 
Request the Governor to proclaim a "state of emergency" following the same guidelines as apply to city council.
D. 
The director of emergency services is empowered to control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.
E. 
The director of emergency services is empowered to direct cooperation between and coordination of services and staff of the emergency organization of this city, and to resolve questions of authority and responsibility that may arise between them.
F. 
The director of emergency services is empowered to represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
G. 
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 a "state of war emergency," the city council or, if it has not yet met, the director is empowered:
1. 
To make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency; provided, however, such rules and regulations are subject to confirmation at the earliest practicable time by the city council;
2. 
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;
3. 
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 deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
4. 
To requisition necessary personnel or material of any city department or agency.
H. 
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 his or her duties during an emergency. Such order of succession shall be approved by the city council.
I. 
The assistant director shall, under the supervision of the director and with the assistance of emergency 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.
(Prior code § 2420.6; Ord. 1843 § 2, 2009)
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 2.20.060, being 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 § 2420.7)
The emergency services coordinator shall be responsible for the development, update and maintenance of the city of Upland emergency multihazard function plan, hazard mitigation plan and the flood plan. The multihazard functional plan shall provide for the effective mobilization of all resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency. The hazard mitigation plan shall provide a well organized public education and awareness effort involving preparedness and mitigation of emergency events. These actions include hazard, risk and vulnerability identification, the identification of mitigation action, and the support of mitigation efforts. The flood plan shall provide the direction for planning response and mitigation of flood events. Such plans shall take effect upon adoption by resolution of the city council.
(Prior code § 2420.8; Ord. 1843 § 3, 2009)
The city of Upland will adopt the standardized emergency management system (SEMS). The SEMS framework includes use of the incident command system (ICS), multiagency or interagency coordination, participation in the Master Mutual Aid Agreement and System of operational area concept. The SEMS is required under California Government Code Section 8607.
(Ord. 1843 § 4, 2009)
The city of Upland adopts the National Incident Management System (NIMS). The NIMS framework includes use of the incident command system (ICS) and the standardized emergency management system, multiagency or interagency coordination, participation in the Master Mutual Aid Agreement and System of operational area concept. The Federal Homeland Security Presidential Directive 5, entitled "Management of Domestic Incidents" requires the adoption of NIMS by all federal departments and agencies. This directive also requires that federal preparedness assistance funding for states, territories, local jurisdictions, and tribal entities be dependent on NIMS compliance and adoption.
(Ord. 1843 § 5, 2009)
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 § 2420.9)
It shall be a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment not to exceed six months, or both, for any person, during an emergency, to:
A. 
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 him or her by virtue of this chapter.
B. 
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.
C. 
Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Prior code § 2420.10; Ord. 1812 § 1(B), 2006)