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 an emergency, the direction
of the Emergency Organization, and the coordination of the emergency
functions of the City with all other public agencies, corporations,
organizations, and affected private persons.
(Part 2, Ord. 468, eff. March 29, 1973)
As used in this chapter "emergency" shall mean 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 the 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 the City, requiring the combined forces of other political subdivisions
to combat.
(Part 2, Ord. 468, eff. March 29, 1973)
The Ojai Disaster Council is hereby created and shall consist
of the following:
(a)
The
Mayor, who shall be chair;
(b)
The
Director of Emergency Services, who shall be vice-chair;
(c)
The
Assistant Director of Emergency Services;
(d)
Such
chiefs of emergency services as are provided for in the current Emergency
Plan of the City, adopted pursuant to the provisions of this chapter;
and
(e)
Such
representatives of civic, business, labor, veteran, professional,
or other organizations having an official emergency responsibility
as may be appointed by the Director of Emergency Services with the
advice and consent of the City Council.
(Part 2, Ord. 468, eff. March 29, 1973)
It shall be the duty of the Ojai Disaster Council and it is
hereby 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 the
call of the chair or, in his or her absence from the City or inability
to call such meeting, upon the call of the vice-chair.
(Part 2, Ord. 468, eff. March 29, 1973)
(a)
There
is hereby created the office of Director of Emergency Services. The
City Manager shall be the Director of Emergency Services.
(b)
There
is hereby created the office of Assistant Director of Emergency Services,
who shall be appointed by the Director of Emergency Services.
(Part 2, Ord. 468, eff. March 29, 1973)
(a)
The
Director of Emergency Services is hereby generally empowered as follows:
(1)
To request the City Council to proclaim the existence or threatened
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)
To request the Governor of the State 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)
To control and direct the effort of the Emergency Organization of
the City for the accomplishment of the purposes of this chapter;
(4)
To direct cooperation between and the coordination of the services
and staff of the Emergency Organization of the City and to resolve
questions of authority and responsibility that may arise between them;
and
(5)
To represent the City in all dealings with public or private agencies
on matters pertaining to emergencies as defined in this chapter.
(b)
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 of the State or the Director of the State Office of Emergency
Services, or the existence of a "state of war emergency," the Director
of Emergency Services is hereby empowered:
(1)
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 shall be confirmed 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 the emergency services of any City officer or employee
and, in the event of the proclamation of a "state of emergency" in
the County or the existence of a "state of war emergency," to command
the aid of as many citizens of the community as he deems necessary
in the execution of his duties. Such persons shall be entitled to
all the privileges, benefits, and immunities as are provided by State
law for registered disaster service workers;
(4)
To requisition the necessary personnel or materials of any City department
or agency; and
(5)
To execute all of his or her ordinary powers as City Manager, all
of the special powers conferred upon him or her by the provisions
of this chapter or by resolution or Emergency Plan adopted by the
City Council, and all the powers conferred upon him or her by any
statute, by any agreement approved by the City Council, and by any
other lawful authority.
(c)
During
periods of great calamity, such as extra ordinary fire, flood, storm,
epidemic, earthquake, sabotage, or enemy attack, the Director of Emergency
Services shall have complete authority over the City and the right
to exercise all police powers vested in the City by the Constitution
and general laws of the State. Such authority shall terminate upon
the adoption of a resolution to that effect by the City Council.
(d)
The
Director of Emergency Services shall designate the order of succession
to that office, which shall 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.
(e)
The
Assistant Director of Emergency Services shall, under the supervision
of the Director and with the assistance of emergency service chiefs,
develop emergency plans and manage the emergency programs of the City,
and he or she shall have such other powers and duties as may be assigned
by the Director.
(Part 2, Ord. 468, eff. March 29, 1973)
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 pressed into service under the provisions of subsection (3) of subsection (b) of Section 3-1.06 of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City of Ojai.
(Part 2, Ord. 468, eff. March 29, 1973)
The Ojai Disaster Council shall be responsible for the development
of the Ojai Emergency 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 which 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.
(Part 2, Ord. 468, eff. March 29, 1973)
Any expenditures made in connection with emergency activities,
including mutual aid activities and emergency preparedness services
provided the City under contract or agreement, shall be deemed conclusively
to be for the direct protection and benefit of the inhabitants and
property of the City.
(Part 2, Ord. 468, eff. March 29, 1973)
All persons, other than officers and employees of the City,
volunteering services pursuant to the provisions of this chapter shall
serve without compensation from the City. While engaged in such services,
they shall have the same immunities as officers and employees of the
City performing similar duties.
(Part 2, Ord. 468, eff. March 29, 1973)
It shall be a misdemeanor, punishable by a fine of not to exceed
$500, 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 Emergency Organization
in the enforcement of any lawful rule or regulation issued pursuant
to the provisions of this chapter or in the performance of any duty
imposed upon him by virtue of said provisions;
(b)
Do
any act forbidden by any lawful rule or regulation issued pursuant
to the provisions of 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 the City, or to prevent, hinder,
or delay the defense or protection thereof; or
(c)
Wear,
carry, or display, without authority, any means of identification
specified by the emergency agency of the State.
(Part 2, Ord. 468, eff. March 29, 1973)
If any provision of this chapter, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall
not affect other provisions or applications, and to this end the provisions
of this chapter are declared to be severable.
(Part 2, Ord. 468, eff. March 29, 1973)
