Chapter 2.28
EMERGENCY PREPAREDNESS
Sections:
2.28.030 Director and assistant director of emergency services.
2.28.040 Powers and duties of the director of emergency services.
2.28.050 Emergency operations plan.
2.28.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of life, environment 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. 818 § 1 (part), 1995)
2.28.020 Definitions.
As used in this chapter:
“Emergency” means a condition of disaster or of extreme peril to the safety of persons and property caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy. (Ord. 818 § 1 (part), 1995)
2.28.030 Director and assistant director of emergency services.
A. There is hereby created the position of director of emergency services. The city manager shall be the director of emergency services.
B. There is hereby created the position of assistant director of emergency services, who shall be appointed by the director. (Ord. 1016§ 2 (part), 2004)
2.28.040 Powers and duties of the director of emergency services.
The director is empowered to:
A. 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 days thereafter, or the proclamation shall have no further force or effect.
Whenever a local emergency is proclaimed, the city council shall review the need for continuing the emergency at least every fourteen days until such local emergency is terminated, or as otherwise provided by law. The city council shall proclaim termination of the local emergency at the earliest possible date that conditions warrant;
B. Control and direct the efforts of the emergency organization of this city for the accomplishment of the purposes of this chapter and of the city emergency operations plan;
C. Direct cooperation between and coordination of services and staff of the emergency organization of this city during response and mitigation efforts; and resolve questions of authority and responsibility that may arise between them;
D. Represent this city in dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
E. In the event of a 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 empowered:
1. To make and issue rules and regulations on matters reasonably related to the protection of life, environment 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,
2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life, environment 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 a proclamation of a “state of emergency” in Sacramento, El Dorado or Placer counties, 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 his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster services workers,
4. To requisition necessary personnel or materials of any city department or agency, and
5. To execute all of his/her ordinary power as city manager, all of the special powers conferred upon the director by this chapter or by resolution or the emergency operations plan and all powers conferred upon him/her by any statute, by any agreement approved by the city council, and by any other lawful authority;
G. To designate the order of succession for the director of emergency services, and/or to delegate the duties, authority and responsibility of the director to qualified individuals. (Ord. 1016 § 2 (part), 2004)
2.28.050 Emergency operations plan.
The director shall be responsible for the development of 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. The director shall coordinate the plan with civic, business, labor, veterans, professional or other organizations having official emergency responsibilities, as may be appointed by the director. (Ord. 1016 § 2 (part), 2004)
2.28.060 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed inclusively to be for the direct protection and benefit of the inhabitants, environment and property of the city. (Ord. 1016 § 2 (part), 2004)
2.28.070 Penalty.
It shall be a misdemeanor, punishable by a fine, not to exceed $500, or by imprisonment not to exceed 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, 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, environment, 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. 1016 § 2(part), 2004)