Chapter 4.2
EMERGENCY SERVICES
Sections:
4.2.03 Disaster Council: Membership.
4.2.04 Disaster Council: Powers and duties.
4.2.05 Director and Assistant Director of Emergency Services.
4.2.06 Director and Assistant Director of Emergency Services: Powers and duties.
4.2.07 Emergency Organization.
* Sections 4.2.01 through 4.2.09, codified from Ordinance No. 197, amended by Section 1, Ordinance No. 453, effective October 3, 1968. Chapter 2 entitled “Civil Defense”, consisting of Sections 4.2.01 through 4.2.12, added by said Ordinance No. 453, amended in its entirety by Section 1, Ordinance No. 76-26, effective September 1, 1976.
4.2.01 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 the City in the event of an emergency; the direction of the Emergency Organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.02 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 the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from a war, or the 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 the City, requiring the combined forces of other political subdivisions to combat. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.03 Disaster Council: Membership.
The City of Clovis Disaster Council is hereby created and shall consist of the following:
(a) The mayor, who shall be chairman;
(b) The Director of Emergency Services, who shall be vice-chairman;
(c) The Assistant Director of Emergency Services;
(d) Such chiefs of emergency services as are provided for in the current Emergency Plan of the City adopted pursuant to the provisions of this chapter; and
(e) Such representatives of civic, business, labor, veteran, 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. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.04 Disaster Council: Powers and duties.
It shall be the duty of the City of Clovis 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, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the chairman or, in his absence from the City or inability to call such meeting, upon the call of the vice chairman. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.05 Director and Assistant 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 Assistant Director of Emergency Services, who shall be appointed by the Director. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.06 Director and Assistant Director of Emergency Services: Powers and duties.
(a) The Director of Emergency Services 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, 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 within seven (7) days thereafter, or the proclamation shall have no further force or effect;
(2) Request the Governor of the State to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;
(3) Control and direct the effort of the Emergency Organization for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between, and the coordination of, the services and staff of the Emergency Organization and resolve questions of authority and responsibility that may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies; and
(6) In the event of the proclamation of a “local emergency”, as provided in this chapter, the proclamation of a “state of emergency” by the Governor of the State or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the Director 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 shall 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, to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(iii) To require the 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 the community as he deems necessary in the execution of his duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State laws for registered disaster service workers;
(iv) To requisition the necessary personnel or materials of any City department or agency; and
(v) To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by this chapter or by ordinance, resolution, or Emergency Plan adopted by the City Council, and all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
(b) The Director of Emergency Services shall designate the order of succession to that office which shall take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council.
(c) The Assistant Director of Emergency Services, under the supervision of the Director and with the assistance of the emergency service chiefs, shall develop emergency plans, manage the emergency programs of the City, and shall have such other powers and duties as may be assigned by the Director. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.07 Emergency Organization.
All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who, by agreement or operation of law, including persons pressed into service under the provisions of subsection (iii) of subsection (6) of subsection (a) of Section 4.2.06 of this chapter, may be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.08 Emergency Plan.
The City of Clovis Disaster Council shall be responsible for the development of the City of Clovis Emergency Plan, which shall provide for the effective mobilization of all the resources of the 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. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.09 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. (§ 1, Ord. 76-26, eff. September 1, 1976)
4.2.10 Violations: Penalties.
It shall be a misdemeanor, punishable by a fine of not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment for not to exceed six (6) 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 the provisions of 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 the provisions of 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; and
(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. (§ 1, Ord. 76-26, eff. September 1, 1976, as amended by § 2, Ord. 93-9, eff. June 2, 1993)
4.2.11 Severability.
If any provision of this chapter, or any section thereof, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter, and of each section, are declared to be severable. (§ 1, Ord. 76-26, eff. September 1, 1976)