CHAPTER 2.08
EMERGENCY SERVICES ORGANIZATION
SECTION:
2.08.040 Director And Assistant Director Of Emergency Services
2.08.050 Emergency Organization
2.08.010 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 the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons. (1972 Code § 2.24.010)
2.08.020 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 the 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 the city, requiring the combined forces of other political subdivisions to combat. (1972 Code § 2.24.020)
2.08.030 DISASTER COUNCIL:
A. Membership: The Gonzales disaster council is created and shall consist of the following:
1. The mayor, who shall be chairman;
2. The director of emergency services, who shall be vice chairman;
3. The assistant director of emergency services;
4. Such chiefs of emergency services as are provided for in a current emergency plan of the city, adopted pursuant to this chapter;
5. 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. (1972 Code § 2.24.030)
B. Powers And Duties: It shall be the duty of the Gonzales 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. (1972 Code § 2.24.040)
2.08.040 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES:
A. Offices Created:
1. There is created the office of director of emergency services. The city manager shall be the director of emergency services.
2. There is created the office of assistant director of emergency services, who shall be the chief of police. (1972 Code § 2.24.050)
B. Powers And Duties:
1. Duties Of Director: The director is 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 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 (7) days thereafter or the proclamation shall have no further force or effect.
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. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter.
d. Direct cooperation between the coordination of services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them.
e. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
f. 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 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 the city is located or the existence of the 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.
(5) Execute all of his ordinary power as city manager conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council and by any other lawful authority.
2. Order Of Succession: 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.
3. Assistant Director: 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 the city; and shall have such other powers and duties as may be assigned by the director. (1972 Code § 2.24.060)
2.08.050 EMERGENCY ORGANIZATION:
All officers and employees of the 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 2.08.040B1f(3) of this chapter are charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city. (1972 Code § 2.24.070)
2.08.060 EMERGENCY PLAN:
The Gonzales 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 the 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. (1972 Code § 2.24.080)
2.08.070 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. (1972 Code § 2.24.090)
2.08.080 VIOLATIONS:
It is a violation of this chapter 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 the city, or to prevent, hinder or delay the defense or protection thereof; (1972 Code § 2.24.100)
C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the city. (1972 Code § 2.24.100; amd. 2003 Code)