Chapter 2.36
EMERGENCY ORGANIZATION1
Sections:
2.36.030 Disaster council – Membership.
2.36.040 Disaster council – Powers and duties.
2.36.050 Director and assistant director of emergency services – Powers and duties.
2.36.060 Emergency organization.
2.36.010 Purpose.
The purpose of this chapter is to provide for the preparation and execution of plans for the protection of persons and property within this city in the event of an emergency and to provide for the direction of the emergency organization and the coordination of the emergency function of this city with all other public agencies and affected private persons, corporations and organizations. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-401. Formerly 2.64.010).
2.36.020 Emergency defined.
In this chapter “emergency” means the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons and property within this city caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions which are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city and require the combined forces of other political subdivisions to combat. “Emergency” includes conditions resulting from war or imminent threat of war but does not include nor apply to any condition resulting from a labor controversy. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-402. Formerly 2.64.020).
2.36.030 Disaster council – Membership.
The disaster council is created and consists of the following:
A. The mayor, who shall be chairperson;
B. The director of emergency services, who is the city manager and who shall be vice-chairperson;
C. The assistant director of emergency services, who shall be the fire chief;
D. Chiefs of emergency services as are provided for in a current emergency plan of this city adopted pursuant to this chapter;
E. 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. (Ord. 08-05 § 1; Ord. 85-4 N.S. § 1, 1985; Ord. 73-1 N.S. § 1, 1973; prior code § 12-403. Formerly 2.64.030).
2.36.040 Disaster council – Powers and duties.
The disaster council shall 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 chairman or, in his absence from the city or inability to call such meeting, upon the call of the vice-chairman. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-404. Formerly 2.64.040).
2.36.050 Director and assistant director of emergency services – Powers and duties.
A. There is created the office of director of emergency services. The director is the city manager. The director has the authority to:
1. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to proclaim the existence or threatened existence of a “local emergency” himself 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 efforts of the emergency organization of this city for the accomplishment of the purposes of this chapter;
4. Direct cooperation and coordination of services and staff of the emergency organization of this city and to resolve questions of authority and responsibility arising among them;
5. Represent this city in all dealings with public or private agencies pertaining to emergencies as defined in this chapter;
6. In the event of the proclamation of a local emergency as provided in this chapter, 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,” to:
a. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; however, these rules and regulations must be confirmed by the city council at the earliest practicable time,
b. Obtain vital supplies, equipment and other properties found lacking and needed for the protection of life and property and to bind the city for their fair value and, if required immediately, to commandeer them for public use,
c. 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 thinks necessary in the execution of his duties. These persons are entitled to privileges, benefits, and immunities provided by state law for registered disaster service workers,
d. Requisition necessary personnel or material of any city department or agency,
e. Execute all of his ordinary power as city manager, the special powers conferred on him by this chapter or by resolution or emergency plan adopted under this chapter, powers conferred on him by statute, by agreement approved by the city council or by 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 his duties during an emergency. The order of succession is subject to approval by the city council.
C. There is created the office of assistant director of emergency services, who shall be appointed by the director. 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 this city and have such other powers and duties as may be assigned by the director. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-405. Formerly 2.64.050).
2.36.060 Emergency organization.
All officers and employees of this city, all volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who by agreement or operation of law, including persons impressed into service under the provisions of BMC 2.36.050(A)(6)(c), may be charged with duties incident to the protection of life and property in this city during the emergency, shall constitute the emergency organization of this city. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-406. Formerly 2.64.060).
2.36.070 Emergency plan.
The disaster council shall develop the city emergency plan, which shall provide for the effective mobilization of the resources of this city, both public and private, to meet any 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 plan shall take effect upon adoption by resolution of the city council. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-407. Formerly 2.64.070).
2.36.080 Expenditures.
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 this city. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-408. Formerly 2.64.080).
2.36.090 Illegal acts.
It is unlawful for a person to:
A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any rule or regulation issued under this chapter or in the performance of any duty imposed on him by this chapter;
B. Do any act prohibited by any lawful rule or regulation issued under this chapter, if the act is of a nature to give or be likely to give assistance to the enemy, to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection of this city or the lives or property of inhabitants of this city;
C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 08-05 § 1; Ord. 73-1 N.S. § 1, 1973; prior code § 12-409. Formerly 2.64.090).
For statutory provisions authorizing the creation of local disaster councils, see Government Code § 8610 et seq.