Chapter 8.08


8.08.010    Purposes.

8.08.020    Definition.

8.08.030    Disaster council membership.

8.08.040    Disaster council powers and duties.

8.08.050    Director and assistant director of emergency services.

8.08.060    Powers and duties of the director and assistant director of emergency services.

8.08.070    Emergency organization.

8.08.080    Emergency plan.

8.08.090    Expenditures.

8.08.100    Punishment of violations.

8.08.010 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; the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons; and to fulfill this city’s role as contemplated in the California Emergency Services Act, Government Code Section 8550 and following. (Ord. 780, 1995)

8.08.020 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 conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities for this city, requiring the combined forces of other political subdivisions to combat. (Ord. 780, 1995)

8.08.030 Disaster council membership.

The city 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 any current emergency plan of this city, 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 director with the advice and consent of the city council. (Ord. 780, 1995)

8.08.040 Disaster council powers and duties.

It shall be the duty of the Capitola 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 chairperson or, in his or her absence from the city or inability to call such meeting, upon call of the vice chairperson. (Ord. 780, 1995)

8.08.050 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. If no such appointment has been made, it shall be the chief of police. (Ord. 780, 1995)

8.08.060 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 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 in this chapter;

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 or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster services workers,

d. To requisition necessary personnel or material of any city department or agency, and

e. To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her 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 his or her 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. 780 (part), 1995)

8.08.070 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 Section 8.08.060 (A) (6) (c) of this chapter, who are 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. 780 (part), 1995)

8.08.080 Emergency plan.

The Capitola disaster council shall be responsible for the development of the city’s 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. 780 (part), 1995)

8.08.090 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. 780 (part), 1995)

8.08.100 Punishment of violations.

It shall be a misdemeanor 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 or her 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. 780 (part), 1995)