CHAPTER 2
DISASTERS1
SECTION:
Article 1. Organization and Functions
5-2-103: Disaster Council Membership
5-2-104: Disaster Council Powers and Duties
5-2-105: Director and Assistant Director of Emergency Services
5-2-106: Powers and Duties of the Director and Assistant Director of Emergency Services
5-2-107: Emergency Organization
Article 2. Identification in Time of Emergency
5-2-201: Method of Identification
5-2-202: Identification Card and Tag
5-2-204: Reporting for Work Without Tag
5-2-205: Leaving City Employment
Article 3. Crimes During Emergency
5-2-301: Unlawful Conduct During Disaster or Emergency
5-2-302: Unlawful Possession of Identification Card or Tag
5-2-303: Excessive Price Increases During State of Emergency
ARTICLE 1. ORGANIZATION AND FUNCTIONS
5-2-101: PURPOSE:
The declared purpose of this article 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. [Formerly numbered Section 10-1; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-102: 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. [Formerly numbered Section 10-2; renumbered by Ord. No. 3058, eff. 2/21/87; 2372, 2186.]
5-2-103: DISASTER COUNCIL MEMBERSHIP:
The Burbank Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairperson.
B. The Director of Emergency Services who shall be Vice Chairperson;
C. The Assistant Director of Emergency Services;
D. Such chiefs of emergency services as are provided for in a current emergency plan of this City adopted pursuant to this chapter; and
E. Such 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. [Formerly numbered Section 10-3; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-104: DISASTER COUNCIL POWERS AND DUTIES:
It shall be the duty of the Burbank Disaster Council, and it is hereby 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 Chairperson or, in their absence from the City or inability to call such meeting, upon call of the Vice Chairperson. [Formerly numbered Section 10-4; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-105: 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. The Assistant City Manager shall be the Assistant Director of Emergency Services. [Formerly numbered Section 10-5; Amended by Ord. No. 3339, eff. 5/8/93; 3058, 2373, 2186.]
5-2-106: POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES:
A. The Director acting under the direction and general supervision of the Mayor, or the Mayor pro tempore in the absence, sickness or other disability of the Mayor, or on their own initiative in the absence, sickness or other disability of the Mayor and Mayor pro tempore, 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 a 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 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 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 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 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 they deem necessary in the execution of their 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; and
e. To execute all of their ordinary powers as City Manager, all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon them by any statute, by any agreement approved by the City Council, 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 their 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. [Formerly numbered Section 10-6; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-107: EMERGENCY ORGANIZATION:
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 subsection 5-2-106A6c 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 Burbank. [Formerly numbered Section 10-7; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-108: EMERGENCY PLAN:
The Burbank Disaster Council shall be responsible for the development of the City of Burbank 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 its adoption by resolution of the City Council. [Formerly numbered Section 10-8; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-109: EXPENDITURES:
Any expenditures made in connection with emergency activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. [Formerly numbered Section 10-9; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
ARTICLE 2. IDENTIFICATION IN TIME OF EMERGENCY
5-2-201: METHOD OF IDENTIFICATION:
Whenever identification becomes necessary, each employee of the City whose duties habitually require that they enter upon private premises, shall have their finger- and thumbprints taken, shall have a photograph made, and shall furnish an accurate description of their physical appearance. The City shall arrange for such fingerprinting and photography at no expense to the employee. [Formerly numbered Section 10-10; renumbered by Ord. No. 3058, eff. 2/21/87; 2373.]
5-2-202: IDENTIFICATION CARD AND TAG:
Each employee identified as herein required shall be issued an identification card or tag, at no cost to themselves, evidencing their employment by the City. Such card or tag shall be carried or worn, as the case may be, at any time easy identification shall become necessary by reason of entry upon private premises. The tag is to be worn on the outside garment at approximately the location of the pocket on the upper left hand side of such outer garment. [Formerly numbered Section 10-11; renumbered by Ord. No. 3058, eff. 2/21/87; 2373.]
5-2-203: LOSS OF TAG:
In the event an identification tag is lost, a duplicate thereof shall be immediately procured by the employee. A charge of one dollar ($1.00) shall be made for each duplicate. [Formerly numbered Section 10-12; renumbered by Ord. No. 3058, eff. 2/21/87; 2373.]
5-2-204: REPORTING FOR WORK WITHOUT TAG:
Any employee required to wear an identification tag while performing their duties, who reports for work without such tag, shall be required to obtain the same before commencing work, and the time required to obtain such tag or to obtain a satisfactory temporary identification from the Civil Service Department shall be deducted from the wages of the employee. [Formerly numbered Section 10-13; renumbered by Ord. No. 3058, eff. 2/21/87; 2373.]
5-2-205: LEAVING CITY EMPLOYMENT:
When any employee leaves the City employment, they shall return to the Civil Service Department any identification card and tag issued to them, and a receipt shall be given to said employee evidencing such return. The final salary payment due such employee may be withheld by the City until said card and tag are returned to the Civil Service Department as herein required. [Formerly numbered Section 10-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2373.]
ARTICLE 3. CRIMES DURING EMERGENCY
5-2-301: UNLAWFUL CONDUCT DURING DISASTER OR EMERGENCY:
It shall be unlawful for any person during a disaster or emergency:
A. Wilfully to obstruct, hinder or delay any member of the City’s civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to Article 1 of this chapter, or in the performance of any duty imposed upon them by virtue of said article;
B. To do any act forbidden by any lawful rule or regulation issued pursuant to Article 1 of this chapter; or
C. To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the State or the Burbank Disaster Council. [Formerly numbered Section 10-15; Amended by Ord. No. 3311, eff 10/10/92; 3058, 2373, 2186.]
5-2-302: UNLAWFUL POSSESSION OF IDENTIFICATION CARD OR TAG:
No person not an employee of the City shall wear or have in their possession any identification card or tag issued under the provisions of Article 2 of this chapter. [Formerly numbered Section 10-16; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]
5-2-303: EXCESSIVE PRICE INCREASES DURING STATE OF EMERGENCY:
A. Legislative Intent: It is the intention of the City Council in adopting this ordinance to protect citizens from excessive and unjustified increases in the prices charged during any abnormal disruption of the marketplace for consumer goods and services vital and necessary for the health, safety and welfare of consumers resulting from emergency or major disaster for which a state of emergency for the City of Burbank is proclaimed by the Mayor pursuant to this Chapter of the Burbank Municipal Code or for which a local disaster or emergency is declared by the President of the United States or the Governor of California.
B. Excessive Price Increases Prohibited: Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, pursuant to this Chapter of the Burbank Municipal Code or for which a local disaster or emergency is declared by the President of the United States or Governor of California and for a period of thirty (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which exceeds ten percent (10%) of the price charged by such person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency, unless said person, business, contractor or other entity can prove that an increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.
C. Definitions: For purposes of this section, the following definitions shall apply:
CONSUMER FOOD ITEM: Any article which is used or intended for use for food, drink, confection or condiment by human or other animal.
EMERGENCY SUPPLIES: Includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, and diapers.
MEDICAL SUPPLIES: Includes, but is not limited to, prescription and nonprescription drugs, bandages, gauzes, and isopropyl alcohol.
REPAIR OR RECONSTRUCTION SERVICES: Those contractor services for repairs to residential and commercial property of any type which are damaged as a result of a disaster.
D. Hearing: If there is reasonable cause to believe that a person has violated the provisions of this section, the City Attorney may, prior to the filing of a criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the conclusion of such hearing, the City Attorney may, for good cause, disperse with the requirement of conducting a hearing prior to the filing of a criminal complaint.
E. Penalty:
1. Any person who shall be convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County or City Jail for not more than six (6) months, or by both such fine and imprisonment. Any person believing that a violation of said section has been committed may file a complaint with the City Attorney.
2. The City Attorney or any citizen may prosecute a civil action under applicable state law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution to aggrieved consumers ordered. [Added by Ord. No. 3327, eff. 2/13/93.]
State law reference: As to liability of disaster service worker and owner of premises used as shelter, see C.C. § 1714.5.
Ordinance reference: See Section 4 of Ordinance 2186 for continuity of existing disaster plans, agreements, etc.