Chapter 9
EMERGENCY ORGANIZATION AND FUNCTIONS

Sections:

9.1    Purposes.

9.2    Definition.

9.3—

9.4    Reserved.

9.5    Director of emergency services.

9.6    Powers and duties of the director of emergency services.

9.7    Emergency organization.

9.8    Structure, duties and functions of the emergency organization.

9.9    Mutual aid.

9.10    Expenditures.

9.11    Punishment of violations.

9.1 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 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. (Ord. No. 75-18, § 1, 9-2-75)

9.2 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 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. (Ord. No. 75-18, § 1, 9-2-75)

9.3—9.4 Reserved.

    Editor’s noteOrd. No. 2000-16, § I, adopted Nov. 20, 2000, repealed former sections 9.3, 9.4 in their entirety which pertained to the Gilroy disaster council. Former section 9.3 derived from Ord. No. 75-18, § 1, 9-2-75; Ord. No. 95-16, § 1, 11-20-95. Former section 9.4 derived from Ord. No. 75-18, § 1, 9-2-75.

9.5 Director of emergency services.

There is hereby created the office of director of emergency services. The city administrator shall be the director of emergency services. (Ord. No. 75-18, § 1, 9-2-75)

9.6 Powers and duties of the director of emergency services.

The director is hereby empowered to:

(a) Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council, within seven (7) days of date that the proclamation is made, shall meet and take action to ratify the proclamation. If the city council fails to ratify the proclamation within the seven (7) days provided, the proclamation of the director shall have no further force or effect. The director shall request the city council to review at least every twenty-one (21) days, until the local emergency is terminated, the need for continuing the local emergency; and to proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

(b) 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.

(c) Develop emergency plans with the assistance of emergency service chiefs for consideration by the disaster council and manage the emergency programs of this city.

(d) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.

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

(f) 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 director is hereby empowered to:

(1) 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;

(2) 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) 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) Requisition necessary personnel or material of any city department or agency; and

(5) Execute all his ordinary powers as city administrator, all of the special powers conferred upon him by this chapter or by ordinance, or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by an agreement approved by the city council, and by any other lawful authority. (Ord. No. 75-18, § 1, 9-2-75; Ord. No. 2000-16, §§ II, III, 11-20-00)

9.7 Emergency organization.

All officers and employees of this city, together with these 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 9.6(g)(3) of this chapter, be 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 of Gilroy. (Ord. No. 75-18, § 1, 9-2-75)

9.8 Structure, duties and functions of the emergency organization.

The structure, duties and functions of the emergency organization and the order of the emergency succession to the position of director of emergency services, shall be adopted by resolution of the city council. (Ord. No. 75-18, § 1, 9-2-75; Ord. No. 2000-16, § IV, 11-20-00)

9.9 Mutual aid.

It is the purpose of the city council in enacting this chapter to facilitate the rendering of mutual aid to and for the people of this city. Emergency plans adopted and approved by the city council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the county operational area. (Ord. No. 75-18, § 1, 9-2-75)

9.10 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 City of Gilroy. (Ord. No. 75-18, § 1, 9-2-75)

9.11 Punishment of violations.

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six (6) months, or both, for any person, during an emergency, to:

(a) Willfully 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 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. (Ord. No. 75-18, § 1, 9-2-75)