Chapter 2.28
EMERGENCY SERVICES*

Sections:

2.28.010    Title.

2.28.020    Purposes.

2.28.030    Definitions.

2.28.040    City emergency organization.

2.28.050    Standardized Emergency Management System (SEMS).

2.28.060    City mutual aid coordinators.

2.28.070    Disaster council created.

2.28.080    Disaster council--Powers and duties.

2.28.090    Volunteers.

2.28.100    Office of emergency services created-- Officers and staff.

2.28.110    Director of emergency services.

2.28.120    Powers and duties of director.

2.28.130    Local emergency--Authority to proclaim-- Ratification.

2.28.140    Legality of initial emergency measures.

2.28.150    Local emergency--Termination.

2.28.160    State of emergency--Who may request.

2.28.170    Activation of county or operational area emergency operations center.

2.28.180    Authority for emergency orders and regulations.

2.28.190    Authorized emergency vehicles.

2.28.200    Emergency expenditures.

2.28.210    Planning.

2.28.220    Emergency plan.

2.28.230    Emergency preparedness council-- Membership.

2.28.240    Punishment of violations--Acts prohibited during emergency.

2.28.250    Authorities and references.

*    Prior Ordinance History: Ord. 471

2.28.010 Title of chapter.

This chapter shall be known as, and may be cited as, the “emergency services ordinance.” (Ord. 832 §1(part), 2004)

2.28.020 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 of Lakeport in the event of an emergency; the establishment, coordination and direction of the city emergency organization; the establishment, coordination and direction of the disaster council; the establishment, coordination and direction of the office of emergency services; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 832 §1(part), 2004)

2.28.030 Definitions.

The following terms as used in this chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

A.    “Council” means the city council.

B.    “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 environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, 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. Included within the term “emergency” are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code including “state of war emergency,” “state of emergency” and “local emergency.”

Pursuant to Government Code Section 8558, the following terms shall have the following meaning:

1.    “State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

2.    “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency” which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.

3.    “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other conditions, 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 that political subdivision and require the combined forces of other political subdivisions to combat.

C.    “Emergency operations center (EOC)” means a location from which centralized emergency management can be performed.

D.    “Emergency response agency” means any organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or providing mutual aid support to such an organization.

E.    “Emergency response personnel” means personnel involved with an agency’s response to an emergency.

F.    “Emergency services” means all activities carried out pursuant to the California Emergency Services Act.

G.    “Expenditures” means any expenditures made in connection with emergency activities, including mutual aid activities, and shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.

H.    “Incident” means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.

I.    “Lead agency” means the agency designated to act as the primary coordinator and facilitator of emergency services during an emergency within the operational area.

J.    “Mutual aid region” means a geographical area defined by the state of California in accordance with the State Emergency Services Act.

K.    “Operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each county geographic area has been designated by the state as an operational area. An operational area is used by the county and the political subdivisions comprising the operation area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state’s emergency operation centers and the operations centers of the political subdivisions comprising the operational area, as defined in Government Code Sections 8559(b) and 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.

1.    The operational area’s eligibility for state reimbursement of response-related personnel costs under California’s Standardized Emergency Management System (SEMS) shall not be affected by nonparticipation of any local government(s) within the operational area.

2.    The county government shall serve as the lead agency of the operational area unless another member agency of the operational area assumes that responsibility by written agreement with county government.

3.    The city of Lakeport is a member of the Lake County operational area and participates in its functions. (Ord. 832 §1(part), 2004)

2.28.040 City emergency organization.

All officers and employees of the city, together with those volunteer forces registered to aid them during a duly proclaimed emergency, and all groups, organizations, and persons, including persons impressed into service under the provisions of this chapter, who by agreement or operation of law, may be charged with duties incident to the protection of life and property in the city of Lakeport during such emergency, shall constitute the city of Lakeport emergency organization. The city emergency organization also includes the American Red Cross, members of recognized community disaster relief and response organizations (e.g. NEST), Radio Amateur Civil Emergency Services (RACES), and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.

A.    All employees of the city are designed as disaster service workers pursuant to California Government Code 3100.

B.    The city emergency organization shall organize its response using the California Standardized Emergency Management System (SEMS). (Ord. 832 §1(part), 2004)

2.28.050 Standardized Emergency Management System (SEMS).

The Standardized Emergency Management System (SEMS) is the adopted emergency management system in the county of Lake and the city of Lakeport.

The Standardized Emergency Management System (SEMS) utilizes the Incident Command System (ICS), multi/interagency coordination, mutual aid, and the operational area concept to facilitate priority setting, interagency cooperation and the efficient flow of resources and information during an emergency. (Ord. 832 §1(part), 2004)

2.28.060 City mutual aid coordinators.

The following are named for the purpose of coordinating emergency mutual aid requests made through established state procedures:

A.    Building inspector mutual aid--Community development director or his/her designee;

B.    Emergency management mutual aid--City emergency services coordinator or his/her designee;

C.    Fire and rescue mutual aid--Chief of the Lakeport County fire protection district or his/her designee;

D.    Law enforcement mutual aid--Chief of police or his/her designee;

E.    Medical examiner/coroner mutual aid--Chief of police or his/her designee;

F.    Medical/health mutual aid--County public health officer or his/her designee;

G.    Public works mutual aid--City engineer/director of public works or his/her designee. (Ord. 832 §1(part), 2004)

2.28.070 Disaster council created.

The city of Lakeport disaster council is hereby created and shall consist of the following:

A.    The mayor, who shall serve as the disaster council chair;

B.    A second member of the council, who shall be first vice-chair;

C.    The city manager, who shall be the second vice-chair;

D.    Such representatives of federal, state and local civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the city council;

E.    The chief of police;

F.    The chief of the Lakeport County fire protection district;

G.    City engineer/director of public works;

H.    Community development director;

I.    The city attorney (who shall serve without vote);

J.    The city emergency services coordinator shall serve as staff to the disaster council. (Ord. 832 §1(part), 2004)

2.28.080 Disaster council--Powers and duties.

It shall be the duty of the city 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 chair or, if he/she is unavailable or unable to call such meeting, the first vice-chair and then the city manager or his/her designee may call a meeting. The disaster council shall meet a minimum of twice a year at a time and place designated by the chair. The city disaster council shall call and conduct its meetings in accordance with rules, not inconsistent with this chapter, as the council shall adopt by majority vote. (Ord. 832 §1(part). 2004)

2.28.090 Volunteers.

Volunteers who perform service in the city emergency organization in accordance with the provisions of this chapter shall so serve without compensation. Volunteers shall be registered with the city office of emergency services as disaster service workers in order to be eligible for worker’s compensation benefits, as provided in Part 1, of Division 4, of the California Labor Code, commencing with Section 3201. (Ord. 832 §1(part), 2004)

2.28.100 Office of emergency services created-- Officers and staff.

There is hereby created within the city of Lakeport the city of Lakeport Office of Emergency Services (OES). The OES is part of the city manager’s office headed by the “director of emergency services”. (Ord. 832 §1(part), 2004)

2.28.110 Director of emergency services.

There is hereby created the position of director of emergency services. The city manager shall be the director of emergency services. The chief of police shall serve as director of emergency services during any temporary absence or disability of the city manager. (Ord. 832 §1(part), 2004)

2.28.120 Powers and duties of director.

The director is hereby 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 days thereafter or the proclamation shall have no further force or effect;

B.    Request the director of the Lake County operational area, the Governor of the state, and the President of the United States 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 this city for the accomplishment of the purposes of this chapter;

D.    Direct cooperation between and coordination of services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise;

E.    Represent this city in all dealings with public or private agencies on matters pertaining to emergencies;

F.    In the event of the proclamation of a local emergency the proclamation of a state or emergency by the Governor or the Director of the California Office of Emergency Services, or the existence of a state of war emergency, the director is hereby empowered:

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 possible time by the city council;

2.    To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to make expenditures, binding the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

3.    To require emergency services of any city officer or employee and, in the event of the proclamation of emergency or state of war emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4.    To requisition necessary personnel or material of any city department or agency;

5.    To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted by the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.

G.    Designate the order of succession to the director’s office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be maintained on file with the city clerk. (Ord. 832 §1(part), 2004)

2.28.130 Local emergency--Authority to proclaim-- Ratification.

The city council, or if the council is not in session, in the following order, city manager, chief of police, or their designee operating as director of emergency services in the emergency operations center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized city officer, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (Ord. 832 §1(part), 2004)

2.28.140 Legality of initial emergency measures.

All emergency measures taken by the director of emergency services prior to the issuance of an official proclamation of emergency, or prior to any decision of the city council not to issue such proclamation, shall be legal and binding upon the city. (Ord. 832 §1(part), 2004)

2.28.150 Local emergency--Termination.

Pursuant to the California Emergency Services Act, the council shall review the declaration at least every fourteen days until the need for continuing the local emergency has ended, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. (Ord. 832 §1(part), 2004)

2.28.160 State of emergency--Who may request.

The city council, or if the council is not in session, in the following priority order, city manager, chief of police or their designee operating as director of emergency services in the city emergency operations center, may request the Governor to proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and property within the city caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are likely to be beyond the control of the city, and require the forces of a mutual aid region or regions to combat. (Ord. 832 §1(part), 2004)

2.28.170 Activation of county or operational area emergency operations center.

The following personnel are authorized to request the activation and partial or total mobilization of the County Emergency Organization to staff the County or Operational Area Emergency Operations Center (EOC): the city manager, chief of police, and others authorized by the city manager to act as director of emergency services in the city emergency operations center. (Ord. 832 §1(part), 2004)

2.28.180 Authority for emergency orders and regulations.

The city council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this chapter, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates in the following priority order, to the city manager, chief of police, or others authorized by the city manager to act as director of emergency services in the emergency operations center, authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations to be effective must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the city council. (Ord. 832 §1(part), 2004)

2.28.190 Authorized emergency vehicles.

Private or public owned vehicles, while operated in the line of duty by office of emergency services personnel responding to, but not returning from, emergency calls are designated authorized emergency vehicles (California Vehicle Code Section 2416 (10)). (Ord. 832 §1(part), 2004)

2.28.200 Emergency 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. 832 §1(part), 2004)

2.28.210 Planning.

The city shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures. (Ord. 832 §1(part), 2004)

2.28.220 Emergency plan.

The county operational area office of emergency services shall be responsible for the development of the operational area emergency plan, which plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS); effective mobilization of all of the resources of the county, 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. The city emergency plan will reflect all requirements to coordinate activities in conjunction with the operational area emergency plan. Such plan shall take effect upon adoption by resolution of the city council

It shall be the responsibility of all city emergency operations center section chiefs and alternates to have a thorough knowledge of the city and operational area emergency plan. The city shall insure that the key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. (Ord. 832 §1(part), 2004)

2.28.230 Emergency preparedness council--Membership.

The mayor shall be city of Lakeport’s representative to the county of Lake emergency preparedness council. (Ord. 832 §1(part), 2004)

2.28.240 Punishment of violations--Acts prohibited during emergency.

During the period beginning on the date of the existence of a major disaster of state of emergency declared by the director of emergency services and ending one hundred eighty days after that date, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine not to exceed five thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, contractor, business or other entity during an emergency to:

A.    Willfully 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, during a state of war emergency, 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 any emergency services agency of the state of California, the county of Lake, county districts or any city in the county of Lake.

D.    Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which is ten or more percent greater than the price charged by a 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 the increase 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.

For purposes of this emergency order, the following definitions shall apply:

1.    A consumer food item is any article which is used or intended for use for food, drink, confection or condiment by humans or animals.

2.    Repair of reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage.

3.    Emergency supplies shall include, but are not limited to, water, flashlights, radios, batteries, candles, blankets, soaps and diapers.

4.    Medical supplies shall include, but are not limited to, prescription and non-prescription drugs, bandages, gauzes, and isopropyl alcohol.

E.    Buy, sell, remove, deface, cover, hide, destroy or tamper with any sign, tag or placard posted by a member of the city emergency organization on a building or structure damaged by a disaster.

F.    Post any sign, tag or placard not authorized by the city emergency organization on a building or structure damaged by a disaster. (Ord. 832 §1(part), 2004)

2.28.250 Authorities and references.

A.    Standardized Emergency Management System (SEMS) Regulations: California Code of Regulations Title 19, Division 2, Chapter 1, commencing with Section 2400.

B.    California Emergency Services Act: Health and Safety Code Section 1797 et seq.

C.    Disaster Service Workers: California Government Code Section 3100 et seq. (Ord. 832 §1(part), 2004)