Chapter 3.20


3.20.010    Purposes.

3.20.020    Definition.

3.20.030    Standardized emergency management system.

3.20.040    Operational area.

3.20.050    Repealed.

3.20.060    Repealed.

3.20.070    Office of emergency services.

3.20.080    Duties of director and assistant director.

3.20.090    Emergency organization.

3.20.100    Emergency plan.

3.20.110    Expenditures.

3.20.120    Punishment of violations.

3.20.130    Repealed.

3.20.010 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, and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. [Ord. 97-37 § 2, 1997].

3.20.020 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 earthquake, fire, flood, tsunami, storm, epidemic, or riot, 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. [Ord. 97-37 § 2, 1997].

3.20.030 Standardized emergency management system.

The city has agreed to adopt and use the standardized emergency management system in accordance with California Code of Regulations, Title 19, Section 2407 and thus will be eligible for state funding of response-related personnel costs pursuant to activities identified in California Code of Regulations, Title 19, Sections 2920, 2925, and 2930. [Ord. 97-37 § 2, 1997].

3.20.040 Operational area.

The city of Pacific Grove has agreed to participate in the Monterey County operational area emergency management organization. This is a partnership for exchanging disaster intelligence information, mutual aid requests and resource requests in emergencies, and for strengthening emergency preparedness through cooperative training and exercise activities. The Monterey County operational area will also serve as the coordination and communications link between the city of Pacific Grove and the State of California, Office of Emergency Services, Coastal Region. [Ord. 97-37 § 2, 1997].

3.20.050 Disaster council.

Repealed by Ord. 10-005. [Ord. 97-37 § 2, 1997].

3.20.060 Duties of the disaster council.

Repealed by Ord. 10-005. [Ord. 97-37 § 2, 1997].

3.20.070 Office of emergency services.

There is created the office of emergency services. This office shall develop and maintain the emergency operations plan for the city in accordance with the state’s standardized emergency management system, as well as a training program for city staff covering their responsibilities under this SEMS multihazard functional plan. The city manager shall be the emergency services director and the police chief shall be the assistant emergency services director. [Ord. 14-024 § 2, 2014; Ord. 97-37 § 2, 1997].

3.20.080 Duties of director and assistant director.

(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 at the next regular or special council meeting that first occurs thereafter or the proclamation shall have no further force or effect;

(2) Request Monterey County and/or the Governor to declare a local “state of emergency” when, in the opinion of the director, locally available resources are inadequate to cope with the emergency;

(3) Control and direct the efforts of the city’s emergency organization to accomplish the purposes and intent of this plan and the governing chapter;

(4) Direct cooperation between and coordination of services and staff of the city’s emergency services organization, and resolve any 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, including dealing with the Monterey County operational area;

(6) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by Monterey County and/or the Governor, the director is empowered to:

(A) Make and issue rules and regulations on matters reasonably related to the protection of life and/or 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) Obtain vital supplies, equipment, and such other properties not readily available and needed for the protection of life and/or property and to bind the city for the fair value of same and, if required immediately, to commandeer the same for public use;

(C) Require emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency” in Monterey County, 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) Requisition necessary personnel or material of any city department or agency; and

(E) Execute all of his or her ordinary powers as city manager, all of the special powers conferred upon the director by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.

(b) The director 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. Individual department directors/managers shall designate succession processes within their areas of responsibility.

(c) The assistant director shall, under the supervision of the director and with the assistance of appropriate department directors/managers, develop emergency plans and manage the emergency programs of the city, and have such other powers and duties as may be assigned by the director.

(d) The disaster coordinator shall be appointed by the director, and shall manage the emergency program.The disaster coordinator is the position in which authority is vested for everyday direction, supervision, and administration of the city’s total emergency services program. [Ord. 14-024 § 3, 2014; Ord. 97-37 § 2, 1997].

3.20.090 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 PGMC 3.20.080, 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 Pacific Grove. [Ord. 97-37 § 2, 1997].

3.20.100 Emergency plan.

The office of emergency services shall be responsible for the development of the city of Pacific Grove SEMS multihazard functional 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 organizations. Such plan shall take effect upon adoption by resolution of the city council. [Ord. 97-37 § 2, 1997].

3.20.110 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 of Pacific Grove. [Ord. 97-37 § 2, 1997].

3.20.120 Punishment of violations.

It shall be unlawful and may be enforced pursuant to Chapter 1.16 PGMC, 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 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. 08-006 § 9, 2008; Ord. 97-37 § 2, 1997].

3.20.130 Severability.

Repealed by Ord. 08-006. [Ord. 97-37 § 2, 1997].