CHAPTER 15. CIVIL DEFENSE AND DISASTER

1-15-1000 GENERAL PROVISIONS:

The purposes of this Chapter are to provide for the preparation and carrying out of plans for disaster and emergency services, the protection of persons and property within the County in the event of an emergency; the direction of the emergency organization, and the coordination of emergency functions of the County with all other affected persons and agencies, both public and private. Any expenditures made in connection with such disaster or emergency services, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the County.

1-15-1005 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a)    "Emergency" means 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, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, 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.

(b)    "Emergency services" means the preparation for carrying out disaster control functions, other than functions for which military forces are primarily responsible, and to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this Chapter apply to, any condition relating to a labor controversy.

(c)    "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other public calamity.

(d)    "Tulare Operational Area" means the unincorporated area of the County, and the incorporated areas of the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake.

(e)    "Emergency Services Office" means those physical facilities of the Tulare County Department of Health Services constituting the Tulare Operational Area’s Emergency Services Office, the primary Emergency Operating Center, and the necessary staff and personnel to operate such facilities on a day to day or disaster emergency basis.

1-15-1010 EMERGENCY COUNCIL: MEMBERSHIP:

The Emergency Council of the Tulare Operational Area is hereby created and shall consist of the following members:

(a)    The County Administrative Officer of Tulare County shall serve as Chair.

(b)    The Coordinator of Emergency Services who shall serve as Vice Chair.

(c)    One representative appointed by each incorporated city within the County. To ensure continuity of emergency services management, should the County Administrative Officer be out of County or incapacitated and unable to perform his duties the Coordinator of Emergency Services shall automatically assume the Chair.

1-15-1015 MEETINGS:

The Emergency Council shall meet upon call of the Chair or, in his absence from the County or inability to call such meeting, upon call of the Vice Chair at a time and place established by the Council. Meetings of the Council shall be called in accordance with section 54950 et seq. of the Government Code of the State of California. Special meetings may be called by the Chair or the Vice Chair. The Council shall meet at least once each year. The Council shall have the power to adopt by resolution, rules and regulations governing the conduct of its meetings.

1-15-1020 EMERGENCY COUNCIL: POWERS OF THE CHAIR:

The Chair of the Emergency Council is hereby empowered to perform the following acts:

(a)    Serve as the Emergency Services Director of the Tulare Operational Area.

(b)    If the Board of Supervisors is not in session, the Chair may request that the Governor proclaim a state of emergency when in the opinion of the Chair local resources of the area are inadequate to cope with the disaster.

1-15-1025 EMERGENCY COUNCIL: POWERS AND DUTIES:

The Emergency Council shall on a continuing basis provide for registration of disaster service workers. The Emergency Council shall review the preparation and progress of the cities and County in carrying out disaster and emergency services plans and functions.

1-15-1030 COORDINATOR OF EMERGENCY SERVICES: POWERS AND DUTIES:

There is hereby created the position of Coordinator of Emergency Services. The Health Services Director shall be the Coordinator of Emergency Services. The powers and duties of the Coordinator are:

(a)    Request the Board of Supervisors 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 Coordinator the Board of Supervisors shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.

(b)    Recommend that the Chair of the Board of Supervisors request the Governor proclaim a "state of emergency" when, in the opinion of the Coordinator the locally available resources are inadequate to cope with the emergency.

(c)    Control and direct the effort of the emergency management organization of the County for the accomplishment of the purposes of this Chapter including the appointment of an Emergency Services Program Manager.

(d)    Direct cooperation between and coordination of services and staff of the emergency management organization of the County; and resolve questions of authority and responsibility that may arise between them.

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

(f)    In the event of the declaration of a local emergency or a 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 Coordinator is hereby empowered to perform the following acts:

(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 must be confirmed at the earliest practicable time by the Board of Supervisors.

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

(3)    To require emergency services of any County officer by any statute, by any agreement approved by the Board of Supervisors, or the Purchasing Agent, and by any other lawful authority. The Coordinator may commandeer the aid of as many citizens as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities which are provided by State law for registered civil defense and disaster volunteer service workers.

(g)    The Coordinator shall designate the order of succession to that office, to take effect in the event the Coordinator is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be as follows:

(1)    Emergency Programs Manager

(2)    Assistant Agency Director, Health Services Branch.

(3)    Associate Agency Director, Health & Human Services Agency.

(h)    The Emergency Programs Manager shall, under the supervision of the Coordinator, and with the assistance of department heads or their designees, develop emergency plans and manage the emergency programs and operations of this County; and shall have such other powers and duties as may be assigned by the Coordinator and shall administer the day to day functions of the emergency services program in accordance with this Chapter.

(Amended by Ord. No. 3158, effective 4-26-96)

1-15-1031 COUNTY HEALTH OFFICER; POWERS AND DUTIES:

Whether or not an emergency has been proclaimed, the Tulare County Health officer my require: (1) isolation (strict or modified) of an individual considered an affected person, by the least restrictive means necessary, for any case or suspect case of contagious, infectious, or communicable disease when he or she has reason to believe that such action is necessary for the protection of the public health; (2) quarantine of any individual considered a health contact, by the least restrictive means necessary, for any case or suspect case of contagious, infectious, or communicable disease when he or she has reason to believe that such action is necessary for the protection of the public health.

An order for isolation or quarantine shall be personally served on the subject(s) of such isolation or quarantine, if practicable; otherwise, the orders shall be posted in a public place determined to be likely to provide notice to such subjects(s). The order shall advise the subject(s) of the following (1) the purpose of the isolation or quarantine; (2) the right to request release from the isolation or quarantine by contacting a person designated in the order at the telephone number stated on the order, and that the isolation or quarantine shall not continue for more than five business days after the request for release in the absence of a court order authorizing the isolation or quarantine; (3) that, whether or not the subject requests release from isolation or quarantine, the Health Officer is required to obtain a court order authorizing isolation or quarantine within sixty days following the commencement of isolation or quarantine and thereafter seek court review of the isolation or quarantine within ninety days of the court order and within ninety days of each subsequent court review; (4) the right to arrange to be represented by counsel or to have counsel provided; and, (5) that the subject may supply the addresses or telephone numbers of not more than two individuals to receive notification of the subject’s isolation or quarantine, and that the Health Officer shall, at the subject’s request, provide notice within the limits of reasonable diligence to those individuals that the subject is being isolated or quarantined.

(Added by Ord. No. 3306, effective 03-01-05)

1-15-1035 EMERGENCY SERVICE ORGANIZATION:

All officers and employees of the 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 1-15-1030(f)(3) of this Ordinance, be charged with duties incident to the protection of life and property in this County during such emergency, shall constitute the Emergency Service Organization of the County of Tulare Operational Area.

1-15-1040 VIOLATIONS:

It shall be unlawful for any person to perform any of the following acts during a disaster:

(a)    Willfully obstruct, hinder or delay any member of the Emergency Service 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)    To do any act forbidden by any lawful rules or regulations 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 the County, or to prevent or delay the defense or protection thereof.

(c)    To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the Federal Government, the State of California or the County of Tulare Operational Area.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.