Chapter 2.140


2.140.010  Purpose.

2.140.020  Definition.

2.140.030  Membership.

2.140.040  Powers and duties.

2.140.050  Director of Emergency Services.

2.140.060  Powers and duties of the Director of Emergency Services.

2.140.070  Emergency organization.

2.140.080  Emergency plan.

2.140.090  Mutual aid.

2.140.100  Expenditures.

2.140.110  Compensation of volunteers – Official immunity.

2.140.120  Punishment of violations.

Stat. Ref.: For State law authorizing cities to organize Local Disaster Council, see Gov. C.A. § 8610. For State law generally as to civil defense activities of the State, see Gov. C.A. §§ 8550 et seq. For State law as to oath of allegiance for civil defense workers, see Gov. C.A. §§ 3100 – 3109. As to authorization of city to provide for a chief executive for periods of public calamity, see Gov. C.A. § 38791.

2.140.010 Purpose.

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. 1241 § 1, 4-13-71. Formerly § 9-1).

2.140.020 Definition.

As used in this chapter, "emergency" shall mean 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 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 this City, requiring the combined forces of other political subdivisions to combat. (Ord. 1241 § 1, 4-13-71. Formerly § 9-2).

2.140.030 Membership.

The Santa Clara Disaster Council is hereby created and shall consist of the following:

(a) The Mayor, who shall be chairman.

(b) The Director of Emergency Services (City Manager) who shall be vice-chairman.

(c) The members of the City Council, the City Attorney, City Clerk and emergency services coordinator.

(d) The Deputy Director, appointed by the City Manager, who, in the absence of, or at the direction of the Director, shall act on his/her behalf.

(e) Certain service chiefs as selected by the Director of Emergency Services. (Ord. 1241 § 1, 4-13-71. Formerly § 9-3).

2.140.040 Powers and duties.

It shall be the duty of the Santa Clara 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 chairman or, in his/her absence from the City or inability to call such meeting, upon call of the Director of Emergency Services. (Ord. 1241 § 1, 4-13-71. Formerly § 9-4).

2.140.050 Director of Emergency Services.

(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(b) There is hereby created the office of Deputy Director of Emergency Services, who shall be appointed by the Director and shall act for the Director when the Director is incapacitated or otherwise unable to carry out his/her duties. (Ord. 1241 § 1, 4-13-71. Formerly § 9-5).

2.140.060 Powers and duties of the Director of Emergency Services.

The Director or his/her successor as provided in SCCC 2.140.080 is hereby empowered to:

(a) Proclaim the existence or threatened existence of a "local emergency." City Council is to ratify proclamation within seven days.

(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 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 this City; and resolve questions of authority and responsibility that may arise between them.

(e) Represent this 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 hereby 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;

(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 declaration 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 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) Requisition necessary personnel or material of any City department or agency; and

(5) Execute all his/her ordinary powers as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all power conferred upon him by any statute, by an agreement approved by the City Council, and by any other lawful authority. (Ord. 1241 § 1, 4-13-71. Formerly § 9-6).

2.140.070 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 SCCC 2.140.060(f)(3), be 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. (Ord. 1241 § 1, 4-13-71. Formerly § 9-7).

2.140.080 Emergency plan.

The City of Santa Clara Disaster Council shall be responsible for the development of the City of Santa Clara emergency 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 structure, organization, powers and duties, functions, services, and staff of the Santa Clara emergency organization. The emergency plan will also provide for the order of emergency succession to the position of Director of Emergency Services. Such plan shall take effect upon adoption by resolution of the City Council. Succession may also be provided for by adoption of City resolution. (Ord. 1241 § 1, 4-13-71. Formerly § 9-8).

2.140.090 Mutual aid.

It is the purpose of the City Council in enacting this chapter to facilitate the rendering of mutual aid to and for the people of this City. Emergency plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County operational area. (Ord. 1241 § 1, 4-13-71. Formerly § 9-9).

2.140.100 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 Santa Clara. (Ord. 1241 § 1, 4-13-71. Formerly § 9-10).

2.140.110 Compensation of volunteers – Official immunity.

All persons, other than officers and employees of the City, volunteering services pursuant to the provisions of this chapter, shall serve without compensation from the City. While engaged in such services, they shall have the same immunity as officers and employees of the City performing similar duties. (Ord. 1241 § 1, 4-13-71. Formerly § 9-11).

2.140.120 Punishment of violations.

It shall be a misdemeanor, punishable as provided by SCCC 1.05.070, for any person, 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 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. 1241 § 1, 4-13-71; Ord. 1531 § 6, 9-17-85. Formerly § 9-12).