Chapter 6
EMERGENCY SERVICES

Sections:

6-1.    Purposes.

6-2.    Definition.

6-3.    Disaster council membership.

6-4.    Disaster council powers and duties.

6-5.    Director and assistant director of emergency services.

6-6.    Powers and duties of the director and assistant director of emergency services.

6-7.    Emergency organization.

6-8.    Emergency plan.

6-9.    Expenditures.

6-10.    Punishment of violations.

6-11.    Repeal of conflicting ordinance.

6-12.    Severability.

For state law as to national defense generally, see Mil. & V. C., § 1500 et seq. As to oath of allegiance for civil defense records and public employees, see Gov. C., § 3100 et seq.

6-1 Purposes.

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 county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this county with all other public agencies, corporations, organizations, and affected private persons. (Ord. No. 450, § 2 (part).)

6-2 Definition.

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 this county 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 county, requiring the combined forces of other political subdivisions to combat. (Ord. No. 450, § 2 (part).)

6-3 Disaster council membership.

The county disaster council is hereby created and shall consist of the following:

(a)  The chairman of the board of supervisors, who shall be chairman.

(b)  The director of emergency services, who shall be vice-chairman.

(c)  The assistant director of emergency services.

(d)  Such chiefs of emergency services as are provided for in a current emergency plan of this county, adopted pursuant to this chapter.

(e)  Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the board of supervisors. (Ord. No. 450, § 2 (part).)

6-4 Disaster council powers and duties.

It shall be the duty of the county disaster council, and it is hereby empowered, to develop and recommend for adoption by the board of supervisors, 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 county or inability to call such meeting, upon call of the vice-chairman. (Ord. No. 450, § 2 (part).)

6-5 Director and assistant director of emergency services.

(a)  There is hereby created the office of director of emergency services. The sheriff of Colusa County 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. (Ord. No. 450, § 2 (part).)

6-6 Powers and duties of the director and assistant director of emergency services.

(a)  The director is hereby empowered to:

(1)  Request the board of supervisors to proclaim the existence or threatened existence of a “local emergency” if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2)  Recommend that the chairman of the board of supervisors 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 effort of the emergency organization of this county for the accomplishment of the purposes of this chapter.

(4)  Direct cooperation between and coordination of services and staff of the emergency organization of this county; and resolve questions of authority and responsibility that may arise between them.

(5)  Represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(6)  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 director is hereby 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 board of supervisors;

(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 county for the fair value thereof and, if required immediately, to commandeer the same for public use;

(C)  To require emergency services of any county 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 this county 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;

(D)  To requisition necessary personnel or material of any county department or agency; and

(E)  To execute all of his ordinary power as sheriff of Colusa County, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the board of supervisors, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any 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. Such order of succession shall be approved by the board of supervisors.

(c)  The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this county; and shall have such other powers and duties as may be assigned by the director. (Ord. No. 450, § 2 (part).)

6-7 Emergency organization.

All officers and employees of this county, 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 6-6(a)(6)(c) of this chapter, be charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of the county of Colusa. (Ord. No. 450, § 2 (part).)

6-8 Emergency plan.

The Colusa County disaster council shall be responsible for the development of the county of Colusa emergency plan, which plan shall provide for the effective mobilization of all of the resources of this county, 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. Such plan shall take effect upon adoption by resolution of the board of supervisors. (Ord. No. 450, § 2 (part).)

6-9 Expenditures.

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 county of Colusa. (Ord. No. 450, § 2 (part).)

6-10 Punishment of violations.

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of 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 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 county, 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. (Ord. No. 450, § 2 (part).)

6-11 Repeal of conflicting ordinance.

The ordinance codified in this chapter shall be considered a revision and continuation of the chapter repealed by the ordinance codified in this chapter, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed chapter be affected by such repeal until amended, modified, or superseded as provided in the ordinance codified in the ordinance codified in this chapter. (Ord. No. 450, § 2 (part).)

6-12 Severability.

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. (Ord. No. 450, § 2 (part).)