The declared purposes of the ordinance codified in 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 an emergency; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons.
(Prior code §5-17-1)
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 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 and facilities of the city, requiring the combined forces of other political subdivisions to combat.
(Prior code §5-17-2)
The South El Monte disaster council is created and shall consist of the following:
A. 
A member of the city council, selected by the city council, who shall be chair.
B. 
The city manager who shall be vice chair.
C. 
The assistant city manager.
D. 
All department heads.
E. 
A sheriff's department liaison.
F. 
A fire department liaison.
G. 
A Red Cross representative.
H. 
A South El Monte business council representative.
(Prior code §5-17-3; Ord. 821 §1, 1988)
It shall be the duty of the South El Monte 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 in regular session on the third Friday of each calendar month at a time selected by the chair.
(Prior code §5-17-4; Ord. 821 §2, 1988; Ord. 848 §1, 1989)
A. 
The director is 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, to request the mayor to proclaim the existence or threatened existence of a "local emergency" if the city council is not in session, or to issue such proclamation if the mayor is not available. Whenever a local emergency is proclaimed by the mayor or 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 city council to proclaim a "state of emergency" when, in the opinion of the city council and 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 in this chapter.
6. 
In the event of the proclamation of a "local emergency" as provided in this section, 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 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 command the same for public use;
c. 
To require emergency services of any city officer or employee and, in the event of a proclamation of a "state of emergency" in the county in which the city is located or the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; such persons 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; and
e. 
To execute all of his or her ordinary power as city administrator, all of the special powers conferred upon him or her by the ordinance codified in this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.
B. 
The order of succession to the office of director of emergency services, in the event that the director is unavailable to attend meetings or otherwise perform his or her duties during an emergency, shall be as follows:
1. 
The assistant city manager;
2. 
The director of public works;
3. 
The director of planning and community development.
C. 
The assistant director shall, under the supervision of the director and with the assistance of emergency services 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 §5-17-6; Ord. 798 §1, 1987)
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 2.60.060, be charged with duties incident to the protection of life during an emergency, shall constitute the emergency organization of the city of South El Monte.
(Prior code §5-17-7)
The South El Monte disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, a state of emergency, or a 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 §5-17-8)
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 of South El Monte.
(Prior code §5-17-9)
It is 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:
A. 
Wilfully obstruct, hinder, or delay any member of the city's 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 the inhabitants of the 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, county, county district, city or any city in the county of Los Angeles.
D. 
Notwithstanding any other provisions of this chapter, it shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars, or by imprisonment not to exceed six months, or both, for any person to violate any curfew or other emergency order or regulation established by any lawful rule, regulation, order or directive issued pursuant to this chapter. It shall be an affirmative defense to a violation of a curfew order that a person was traveling to or from work or school, was homeless or was seeking medical treatment.
(Prior code §5-17-10; Ord. 929 §1, 1993)