CHAPTER 11
EMERGENCY ORGANIZATION
Sections:
11.3 Civil defense and disaster council membership.
11.4 Disaster council powers and duties.
11.5 Director and assistant director of emergency services.
11.6 Powers and duties of the director and assistant director of emergency services.
11.8 Organization, duties and functions.
11.11 Punishment of violations.
11.13 Basic civil defense emergency plan.
11.1 Purposes.
The declared purpose of this chapter is 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. Any expenditures made in connection with such civil defense and disaster 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 Pasadena. (Ord. No. 1597, § 1.)
11.2 Definition.
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 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 the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. No. 1597, § 1.)
11.3 Civil defense and disaster council membership.
The South Pasadena disaster council is created and shall consist of the following:
(A) The mayor, who shall be chairman;
(B) The director of emergency services (also civil defense and disaster), who shall be vice-chairman;
(C) The assistant director, appointed by the director with the advice and consent of the city council, who, under the supervision of the director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this city, and shall have such other duties as may be assigned by the director;
(D) Such deputy directors and chiefs of city emergency services as are provided for in the current civil defense and disaster emergency operations plan of the city and as confirmed by the director;
(E) Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council. (Ord. No. 1597, § 1.)
11.4 Disaster council powers and duties.
It shall be the duty of the South Pasadena 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 upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Ord. No. 1597, § 1.)
11.5 Director and assistant director of emergency services.
(A) There is created the office of director of emergency services. The city manager shall be the director of emergency services.
(B) There is created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. No. 1597, § 1.)
11.6 Powers and duties of the director and assistant director of emergency services.
(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, 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;
(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 effort of the emergency organization of this 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 this city; and resolve questions of authority and responsibility that may arise between them;
(5) Represent this city 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 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 commandeer the same for public use,
(c) To 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,
(d) To requisition necessary personnel or material of any city department or agency,
(e) To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or approved plan adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws,
(f) To declare hours of curfew for all persons and, during said hours of curfew, all persons shall be at their homes and shall not be on the streets, alleys or other public areas of the city, except in cases of extreme urgency. The curfew shall be declared in a proclamation of the mayor, which proclamation shall be delivered to the chief of police, who shall then see that said proclamation and curfew shall be deemed a misdemeanor and violators will be arrested,
(g) To temporarily close any and all streets, alleys, and other public ways in the city to the public whenever, in the opinion of the Director, it is necessary in order to maintain the peace of said community,
(h) To declare all or any business establishments to be closed and remain closed until further order. Any person, after notice, refusing to close and remain closed shall be deemed guilty of a misdemeanor. The Mayor shall issue a proclamation which shall inform said business of said proclamation,
(i) To invoke any or all of the following provisions:
(1) ALCOHOLIC BEVERAGES. No persons shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
(2) WEAPONS. No unauthorized person shall carry or possess any rock, bottle, club, brick, or weapon.
(3) RESTRICTED AREAS. No person shall enter any area designated by the director as a restricted area unless in the performance of official duties or the written permission from the director or his duly designated representative, or such person shall prove residence therein.
(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 city council.
(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 city; and shall have such other powers and duties as may be assigned by the director. (Ord. No. 1597, § 1.)
11.7 Disaster or emergency.
All officers and employees of this 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 the ordinance codified herein, 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. (Ord. No. 1597, § 1.)
11.8 Organization, duties and functions.
The organization’s duties and functions of the civil defense and disaster organization (city emergency organization), its relationship with the American National Red Cross, and the order of emergency succession to the position of director of civil defense and disaster of the city shall be as set forth in the current civil defense and disaster agencies of the Federal Government and the state of California. (Ord. No. 1597, § 1.)
11.9 Emergency plan.
The South Pasadena 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 this city, 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 city council. (Ord. No. 1597, § 1.)
11.10 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. (Ord. No. 1597, § 1.)
11.11 Punishment of violations.
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 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. 1597, § 1.)
11.12 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. 1597, § 1.)
11.13 Basic civil defense emergency plan.
The city council adopts the “City of South Pasadena Basic Civil Defense Emergency Plan” developed by the police department dated October 19, 1983. (Ord. No. 1866, § 1.)