Chapter 2.16
CIVIL DEFENSE AND DISASTER ORGANIZATION

Sections:

2.16.010    Purpose.

2.16.020    Definitions.

2.16.030    Council created – Membership.

2.16.040    Council powers and duties.

2.16.050    Director – Powers and duties.

2.16.060    Proclamation of disaster – Powers of Director.

2.16.070    Designation of organization.

2.16.080    Divisions, services and staff of organization.

2.16.090    Violations.

2.16.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this City in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster 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 of Mt. Shasta. (Ord. 146 § 1, 1951)

2.16.020 Definitions.

(A) As used in this chapter, “civil defense” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, 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.

(B) As used in this chapter, “disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. (Ord. 146 § 2, 1951)

2.16.030 Council created – Membership.

The Mt. Shasta Civil Defense and Disaster Council is hereby created and shall consist of the following persons or their respective designees:

(A) The City Manager;

(B) The Chief of Police;

(C) The Fire Chief; and

(D) The Director of Public Works. (Ord. CCO-96-07 § 6, 1996; Ord. 146 § 3, 1951)

2.16.040 Council powers and duties.

It shall be the duty of the Mt. Shasta Civil Defense and Disaster Council, and it is hereby empowered:

(A) To review and recommend for adoption by the City Council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements;

(B) In the event of a disaster, as defined hereinabove, to coordinate the City’s responses thereto, for the protection of persons and property. (Ord. CCO-96-07 § 7, 1996; Ord. 146 § 4, 1951)

2.16.050 Director – Powers and duties.

The City Manager shall be the Director of Civil Defense and Disaster, and shall be empowered:

(A) To request the City Council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time;

(B) To request the Governor of the State of California to proclaim a state of extreme emergency when in the opinion of the Director the resources of the area or region are inadequate to cope with the disaster;

(C) To control and direct the efforts of the Mt. Shasta Civil Defense and Disaster Organization for the accomplishment of the purposes of this chapter;

(D) To direct coordination and cooperation between divisions, services, and staff of the Mt. Shasta Civil Defense and Disaster Organization, and to resolve questions of authority and responsibility that may arise between them; and

(E) To represent the Mt. Shasta Civil Defense and Disaster Organization in all dealings with public or private agencies pertaining to civil defense and disaster. (Ord. CCO-96-07 § 8, 1996; Ord. 146 § 5, 1951)

2.16.060 Proclamation of disaster – Powers of Director.

In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the Governor of the State of California, or the State Director of Civil Defense, the City’s Director of Civil Defense and Disaster 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 disaster; 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 other properties found lacking and needed for the protection of persons and property within the City, and bind the City to pay the fair value thereof, and if required immediately, to commandeer the same for public use;

(C) To require emergency service of any City officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor of the State of California in the region in which the City is located, to command the aid of as many citizens of the City as he/she thinks necessary in the execution of his/her duties, such persons to be entitled to all privileges, benefits, and immunities as are provided by State law for registered civil defense and disaster worker volunteers;

(D) To requisition necessary personnel or material of any City department or agency;

(E) To execute all of his/her ordinary powers as City Manager, all of the special powers conferred upon him/her by this chapter or by resolution adopted pursuant hereto, all powers conferred by any statutes, agreement approved by the City Council, or any other lawful authority, and, in conformity with applicable statutes, to exercise complete authority over the City and exercise all police power vested in the City by the California Constitution and general laws of the State of California. (Ord. CCO-96-07 § 9, 1996; Ord. 146 § 6, 1951)

2.16.070 Designation of organization.

All officers and employees of the City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations, and persons who may by agreement or operation of laws, including persons commandeered under the provisions of MSMC 2.16.060(C), be charged with duties incident to the protection of persons or property in the City during such disaster, shall constitute the Mt. Shasta Civil Defense and Disaster Organization. (Ord. CCO-11-05 § 3, 2011; Ord. CCO-96-07 § 10, 1996; Ord. 146 § 7, 1951)

2.16.080 Divisions, services and staff of organization.

The functions and duties of the Mt. Shasta Civil Defense and Disaster Organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution.

The City Council shall, concurrently with the adoption of the ordinance codified in this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Federal government and the civil defense agency of the State of California. (Ord. 146 § 8, 1951)

2.16.090 Penalty for violations.

(A) Violation of this chapter shall constitute an infraction and shall follow code enforcement procedures and penalties set forth in Chapter 1.03 MSMC.

(B) The following actions shall be deemed an infraction for any person during a disaster:

(1) Willfully to obstruct, hinder, or delay any member of the Civil Defense and Disaster 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;

(2) 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 this City, or to prevent, hinder or delay the defense or protection thereof;

(3) To wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services or other disaster response agency of the State.

(C) Nothing herein shall prevent a person who violates this chapter from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or other local, County, State, or Federal law or regulation. (Ord. CCO-20-04 § 4, 2020; Ord. CCO-95-04, 1995; Ord. 146 § 9, 1951)