Chapter 2.24


2.24.010    Purpose.

2.24.020    Emergency defined.

2.24.030    Disaster council—Membership.

2.24.040    Disaster council—Powers and duties.

2.24.050    Officers—Offices created.

2.24.060    Officers—Powers and duties.

2.24.070    Emergency organization—Membership.

2.24.080    Emergency operations plan.

2.24.090    Expenditures.

2.24.100    Violation—Penalty.

2.24.010 Purpose.

The declared purposes of the ordinance codified in 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. (Prior code § 2430)

2.24.020 Emergency defined.

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, hazardous materials incident, drought, sudden and severe energy shortage, plant or animal infestations or disease, epidemic, riot, nuclear emergency, earthquake or other conditions, including conditions resulting from war, terrorist acts or imminent threat of war, 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. 1560 § 1, 2011: prior code § 2430.1)

2.24.030 Disaster council—Membership.

The San Luis Obispo disaster council is created and shall consist of the following:

A. The mayor, who shall be the chair of the disaster council;

B. The vice mayor, who shall be vice chair;

C. All other members of the city council. (Ord. 1560 § 2, 2011: prior code § 2430.1A)

2.24.040 Disaster council—Powers and duties.

It shall be the duty of the disaster council, and it is empowered, to review and approve the emergency operations plan 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 emergency services director or, in his or her absence from the city or inability to call such meeting, upon call of the deputy emergency services director. (Ord. 1560 § 3, 2011: prior code § 2430.2)

2.24.050 Officers—Offices created.

A. There is created the office of emergency services director. The city manager shall be the emergency services director.

B. There is created the office of deputy emergency services director. The assistant city manager shall be the deputy emergency services director.

C. There is created the office of emergency operations center director, who shall be appointed by the emergency services director.

D. There is created the office of city disaster preparedness officer. The fire chief shall be the city disaster preparedness officer. (Ord. 1560 § 4, 2011: prior code § 2430.3)

2.24.060 Officers—Powers and duties.

A. The emergency services 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 emergency services 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 emergency services 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 the ordinance codified in 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 provided in this subsection, the proclamation of a “state of emergency” by the Governor or the Director of the California Emergency Management Agency, a “federal declaration of emergency” or the existence of a “state of war emergency,” the emergency services 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 city 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 service 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 or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority.

B. The emergency services 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. Such order of succession shall be approved by the city council.

C. The deputy emergency services director shall assist the emergency services director in all respects, particularly in coordinating the activities of city staff members and volunteer members of the emergency organization.

D. The emergency operations center director shall, under the supervision of the emergency services director, manage the city’s emergency operations center when activated to respond to and recover from an emergency or disaster. The emergency operations center director with the assistance of other city staff and volunteers shall develop emergency action plans to control and manage any emergency or disaster in this city. (Ord. 1560 § 5, 2011: prior code § 2430.4)

2.24.070 Emergency organization—Membership.

All officers and employees of this city, together with those volunteer forces enrolled to aid the emergency organization 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 2.24.060(A)(6)(c), be charged with duties pertaining to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. All above mentioned members of the emergency organization, without exception, will be considered disaster service workers giving them protection under California Senate Bill 39—Personal liability immunity: “disaster service workers” (State of California Civil Code Section 1714.5), or as that section subsequently may be amended. (Ord. 1560 § 6, 2011: prior code § 2430.5)

2.24.080 Emergency operations plan.

The emergency services director, the disaster preparedness officer and other city department heads shall be responsible for the development of and updates to the city emergency operations 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. 1560 § 7, 2011: prior code § 2430.6)

2.24.090 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. (Prior code § 2430.6(a))

2.24.100 Violation—Penalty.

It shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars or by imprisonment for a period not to exceed six months, or both, 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. (Prior code § 2430.7)