Chapter 2.18
DISASTER COUNCIL
Sections:
2.18.030 Creation – Membership.
2.18.040 Powers and duties – Meetings.
2.18.050 Director and Assistant Director of Emergency Services – Offices created.
2.18.060 Director of Emergency Services – Powers and duties.
2.18.070 Director of Emergency Services – Designation of succession to office.
2.18.080 Assistant Director of Emergency Services – Powers and duties.
2.18.090 Emergency organization.
2.18.010 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. 289 § 1, 1972; prior code § 6.2-1).
2.18.020 Emergency defined.
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, 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, but other than conditions resulting from a labor controversy. (Ord. 289 § 1, 1972; prior code § 6.2-2).
2.18.030 Creation – Membership.
The Calistoga Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be chairperson;
B. The Director of Emergency Services, who shall be vice chairperson;
C. Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this chapter;
D. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the Council. (Ord. 289 § 1, 1972; prior code § 6.2-3).
2.18.040 Powers and duties – Meetings.
A. It shall be the duty of the Calistoga Disaster Council, and it is empowered, to develop and recommend for adoption by the 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.
B. The Disaster Council shall meet upon call of the Mayor, or in the Mayor’s absence from the City or inability to call such meeting, upon call of the City Manager. (Ord. 289 § 1, 1972; prior code § 6.2-4).
2.18.050 Director and Assistant Director of Emergency Services – Offices created.
A. There is created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
B. The Director of Emergency Services shall have total discretion to appoint an Assistant Director of Emergency Services.
C. The Director of Emergency Services shall assign an individual the responsibility of Emergency Program Manager. The Emergency Program Manager has the day-to-day administrative responsibility for the City’s emergency management program. (Ord. 439 § 1, 1988; Ord. 417 § 1, 1986; Ord. 289 § 1, 1972; prior code § 6.2-5).
2.18.060 Director of Emergency Services – Powers and duties.
The Director of Emergency Services is empowered to:
A. Request the Council to proclaim the existence or threatened existence of a “local emergency” if the Council is in session, or to issue such proclamation if the Council is not in session. Whenever a local emergency is proclaimed by the Director, the 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 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 the 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 in CMC 2.18.020.
F. In the event of the proclamation of a “local emergency” as provided in subsection (A) of this section, 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 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 practicable time by the Council;
2. 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;
3. To require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in the County or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as the Director deems necessary in the execution of the Director’s 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 execute all of that person’s ordinary power as executive (of the jurisdiction), all of the special powers conferred upon the Director by this chapter or by resolution or emergency plan pursuant hereto adopted by the Council, and all powers conferred upon the Director by any statute, by any agreement approved by the Council and by any other lawful authority. (Ord. 289 § 1, 1972; prior code § 6.2-6(A)).
2.18.070 Director of Emergency Services – Designation of succession to office.
A. The Director of Emergency Services 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 necessary duties during an emergency.
B. Such order of succession shall be approved by the Council. (Ord. 289 § 1, 1972; prior code § 6.2-6(B)).
2.18.080 Assistant Director of Emergency Services – Powers and duties.
The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director. (Ord. 289 § 1, 1972; prior code § 6.2-6(C)).
2.18.090 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 CMC 2.18.060 and 2.18.080, 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. 289 § 1, 1972; prior code § 6.2-7).
2.18.100 Emergency plan.
A. The Calistoga Disaster Council shall be responsible for the development of the City 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 organization, powers and duties, services and staff of the emergency organization.
B. Such plan shall take effect upon adoption by resolution of the Council. (Ord. 289 § 1, 1972; prior code § 6.2-8).
2.18.110 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. (Ord. 289 § 1, 1972; prior code § 6.2-9).
2.18.120 Violation – Penalty.
It is a misdemeanor, punishable by a fine not to exceed $500.00, or by imprisonment not to exceed six months, or both, 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 that person 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 of 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. 289 § 1, 1972; prior code § 6.2-10).