CHAPTER 7
EMERGENCY ORGANIZATION
Sections:
§ 3702 Disaster Council Membership.
§ 3703 Disaster Council Powers and Duties.
§ 3704 Director and Assistant Director of Emergency Preparedness.
§ 3705 Powers and Duties of the Director and Assistant Director of Emergency Preparedness.
§ 3706 Emergency Organization.
§ 3708.1 Face Masks and Coverings Related to COVID-19.
§ 3709 Punishment of Violations.
3700 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. 75-360, § 1)
3701 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. 75-360, § 1)
3702 Disaster Council Membership.
The Carson Disaster Council is hereby created and shall consist of the following:
(a) The Mayor, who shall be chairman.
(b) The Director of Emergency Preparedness, who shall be vice chairman.
(c) The Assistant Director of Emergency Preparedness.
(d) Such chiefs of emergency preparedness as are provided for in a current emergency plan of this City, adopted pursuant to this Chapter.
(e) 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 City Council. (Ord. 75-360, § 1)
3703 Disaster Council Powers and Duties.
It shall be the duty of the Carson 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 absence from the City or inability to call such meeting, upon call of the Vice-Chairman. (Ord. 75-360, § 1)
3704 Director and Assistant Director of Emergency Preparedness.
(a) There is hereby created the Office of Director of Emergency Preparedness. The City Administrator shall be the Director of Emergency Preparedness.
(b) There is hereby created the Office of Assistant Director of Emergency Preparedness who shall be appointed by the Director. (Ord. 75-360, § 1)
3705 Powers and Duties of the Director and Assistant Director of Emergency Preparedness.
(a) The Director is hereby 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, to request the Mayor to proclaim the existence or threatened existence of a “local emergency” if the City Council is not in session, or to issue such proclamation if the Mayor is not available. Whenever a local emergency is proclaimed by the Mayor or Director, the City Council shall take action to ratify the proclamation within seven (7) 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 City Council and the 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 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 herein.
(6) 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, or in the Director’s absence, the Assistant Director or other person so designated in the City of Carson Emergency Plan, is hereby empowered:
(i) 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;
(ii) 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 command the same for public use;
(iii) 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 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;
(iv) To requisition necessary personnel or material of any City department or agency;
(v) To authorize payment of additional compensation to employees who are not otherwise entitled to overtime pay pursuant to the provisions of the City of Carson’s personnel rules or a memorandum of understanding. The additional compensation shall be in recognition of services performed and authorized hours worked by such employees due to the emergency. The additional compensation shall not exceed the employee’s daily rate of pay for each day worked during the emergency; and
(vi) To execute all of his or her ordinary powers as City Administrator, 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, 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 order of succession to the Office of Director of Emergency Preparedness, in the event that the Director is unavailable to attend meetings or otherwise perform his duties during an emergency, shall be as set forth in the City of Carson Emergency Plan.
(c) The Assistant Director, shall, under the supervision of the Director and with the assistance of emergency preparedness 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.
(d) 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 City Council may authorize additional compensation to be awarded to the Director of Emergency Preparedness for services performed and hours worked due to the emergency, based on the Director’s daily rate of pay for each day worked during the emergency. (Ord. 75-360, § 1; Ord. 92-997, § 2)
3706 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 3705(a)(6)(iii), 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 of Carson. (Ord. 75-360, § 1)
3707 Emergency Plan.
The Carson Disaster Council shall be responsible for the development of the City of Carson 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. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 75-360, § 1)
3708 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the protection and benefit of the inhabitants and property of the City of Carson. (Ord. 75-360, § 1)
3708.1 Face Masks and Coverings Related to COVID-19.
(a) The City Council hereby declares and deems to be an infraction under this Code any violation of the face mask or face coverings mandate approved by the Council during its June 1, 2021, meeting through Resolution No. 21-071, which provides that with respect to wearing a face mask or covering which shall be of sufficient size to cover the nose and mouth of the wearer so as to assure the inhale or exhale of oxygen through the mask or covering, all persons within the City of Carson jurisdictional boundaries must comply with all State of California or Los Angeles County Health Department regulations and guidelines, whichever is more restrictive, as such regulations and guidelines may be modified from time to time, until such time that Resolution No. 20-053, which proclaimed the existence of a local emergency in response to COVID-19, is rescinded and the local emergency in response to COVID-19 no longer exists. Upon such rescission, this Section shall sunset automatically and without any Council or other actions taken. The Council mandate provisions regarding face masks and coverings as adopted under Resolution No. 21-071, are set forth below:
With respect to wearing a face mask or covering which shall be of sufficient size to cover the nose and mouth of the wearer so as to assure the inhale or exhale of oxygen through the mask or covering, all persons within the City of Carson jurisdictional boundaries, including, without limitation, the following individuals, must comply with all State of California or Los Angeles County Health Department regulations and guidelines, whichever is more restrictive, as such regulations and guidelines may be modified from time to time:
All customers and visitors of grocery stores, water retailers, farm and produce stands, supermarkets, convenience stores, warehouse stores, food banks, certified farmers' markets, laundromats, dry cleaners, and laundry service providers, restaurants and retail food facilities that prepare and offer food to customers, hotels, motels and shared rental units, churches or places of worship.
All persons who work at businesses or perform services.
All residents of, or visitors to, the City of Carson shall, upon either entering the geographic boundaries of the City or upon leaving their domicile or place of residence and continuing until their return to the place of domicile or residence or the exiting the geographic boundaries of the City.
Such face masks or coverings need not be medical-grade masks or N95 respirators, but can be fabric coverings, such as scarves and bandanas. All reusable face coverings must be washed frequently (at least daily). Single-use face coverings must be properly discarded into trash receptacles.
(b) Notwithstanding CMC 3709, each and every violation of subsection (a) of this Section constitutes an infraction and a separate and distinct offense, and fines may be imposed, in the City’s sole discretion, in accordance with CMC 1200(b), the amounts for which are set forth below:
(i) A fine not exceeding $100.00 for a first violation;
(ii) A fine not exceeding $200.00 for a second violation within one (1) year from the date of the first violation; and
(iii) A fine not exceeding $500.00 for each additional violation within one (1) year from the date of the first violation. (Ord. 20-2017, § 2; Ord. 21-2115, § 2)
3709 Punishment of Violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six (6) 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 7, or in the performance of any duty imposed upon him by virtue of this Chapter 7.
(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, the County, County district or any city in the County of Los Angeles.
The provisions of this Chapter shall not apply to a violation of a curfew order issued pursuant to this Chapter 7, if the person was traveling to or from work or school, was homeless, or was seeking medical treatment. (Ord. 75-360, § 1; Ord. 93-1008, § 1)