Chapter 2.36
EMERGENCY ORGANIZATION AND FUNCTIONS*
Sections:
2.36.030 Director and assistant director of emergency services – Alternates.
2.36.040 Proclamation of emergency.
2.36.050 Emergency operations plan – Elements – Adoption.
2.36.060 Powers and duties of the director and assistant director of emergency services.
2.36.070 Powers and duties of director during emergency.
2.36.080 Continuity of government.
2.36.100 Punishment of violations.
* For statutory provisions authorizing the creation of local disaster councils, see Government Code § 8610 et seq.
Prior legislation: Ord. 346 §§ 1, 2, 3, 4, 5, 6(A)(1 – 6), 6(B), 6(C), 7, 8, 9, 10; Ord. 78-384 §§ 1, 2, 3.
2.36.010 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 directions 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. 97-611 § 2).
2.36.020 Definitions.
A. “Director” means the director of emergency services for the city of Fortuna.
B. “Emergency” means a local emergency, state of emergency, state of war emergency or national emergency.
C. “Emergency organization” means all officers and employees of the city, together with those disaster service volunteers registered and enrolled to aid them during an emergency, and all groups, organizations, and persons who, by agreement or operation of law, may be impressed into service under provisions of FMC 2.36.070(A)(3).
D. “Local emergency” means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of the city of Fortuna, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation 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, which conditions are, or likely to be, beyond the control of the services, personnel, equipment, and facilities of the city and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
E. “National emergency” means a proclamation by the President of the United States of the existence of a national emergency.
F. “State of emergency” means the duly proclaimed, by the Governor or Director of the State Office of Emergency Services, existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation, or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions other than conditions causing a “state of war emergency,” which conditions, by reason of their magnitude are, or are likely to be, beyond the control of the services, personnel equipment, and facilities of any single county, city, and county and city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
G. “State of war emergency” means the condition which exists immediately, with or without the proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
H. “Sudden and severe energy shortage” means a rapid, unforeseen shortage of energy resulting from, but not limited to, events such as an embargo, sabotage, or natural disaster, and which has a statewide, regional, or local impact.
I. “Unavailable” means an officer who is either killed, missing, or is so seriously injured as to be unable to attend meetings and otherwise perform his/her duties. (Ord. 97-611 § 2).
2.36.030 Director and assistant director of emergency services – Alternates.
A. There is hereby created the office of director of emergency services. The city manager is hereby designated the director of emergency services.
B. There is hereby created the office of assistant director of emergency services. The police chief is hereby designated the assistant director of emergency services. (Ord. 97-611 § 2).
2.36.040 Proclamation of emergency.
A. Upon a request by the director, or on its own initiative, the city council may proclaim the existence or the threatened existence of a local emergency when circumstances described in FMC 2.36.020(B) exist. Said proclamation shall be in writing and shall take effect immediately.
B. If the city council is not in session, the director may proclaim the existence or the threatened existence of a local emergency when circumstances described in FMC 2.36.020(B) exist. Said proclamation shall be in writing and shall take effect immediately. When a local emergency is proclaimed by the director, the city council shall review and ratify the proclamation at the next regularly scheduled council meeting or the proclamation shall have no further force or effect.
C. At least every 21 days after the proclamation of a local emergency and until said local emergency is terminated, the city council shall review the continuing need for a local emergency and shall terminate the local emergency at the earliest possible date the conditions warrant.
D. The city council may, by resolution, request the Governor to proclaim a state of emergency when the locally available resources are inadequate to cope with the emergency. (Ord. 97-611 § 2).
2.36.050 Emergency operations plan – Elements – Adoption.
The director shall be responsible for the development of the city of Fortuna emergency operations plan, which shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, state of war emergency, or national emergency. Said emergency plan shall include such elements as continuity of government, the mobilization of resources, mutual aid, and public information; and shall describe the principles and methods to be applied in carrying out emergency operations for rendering mutual aid during emergencies; and, shall provide for the organization, powers, and duties, services, and staff of the emergency organization. Said plan shall take effect upon approval of the city council. Said plan may be revised from time to time as determined appropriate by the director. (Ord. 97-611 § 2).
2.36.060 Powers and duties of the director and assistant director of emergency services.
A. The director shall control and direct the efforts of the emergency organization of the city for the accomplishment of the purposes of this chapter.
B. The director shall coordinate the services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise within personnel and staff of the emergency organization.
C. The director shall represent the city in all public dealings with public and private agencies on matters pertaining to emergencies as defined herein.
D. The assistant director shall have such powers and duties as may be assigned by the director. (Ord. 97-611 § 2).
2.36.070 Powers and duties of director during emergency.
A. In the event of a proclamation of a local emergency, or the proclamation of a state of emergency, or the existence of a national emergency, the director is hereby empowered:
1. To promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations shall be in writing and shall be confirmed at the earliest practical time by the city 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, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties. In the event the aid of private citizens is necessary, such persons shall register as volunteers in accordance with the emergency plan. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers.
4. To requisition necessary personnel or material of any city department or agency.
5. To execute all of his ordinary powers as city manager, as well as to execute all of his special powers conferred by this chapter, emergency plan, any agreement approved by the city council, or by any other lawful authority.
B. Notwithstanding the provisions of this section, the director is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but if no other means of communication is available, the director may utilize any news service, and the city shall pay the reasonable value of such use. In so utilizing any such facilities, the director shall interfere as little as possible with the facilities’ transmission of news. (Ord. 97-611 § 2).
2.36.080 Continuity of government.
A. In the event of a proclamation of local emergency, state of emergency, state of war emergency, or national emergency, when fewer than a quorum of city council members are available, the city council shall proceed to reconstitute itself by filling vacancies until there are sufficient members to form a quorum as required by law. The available city council members shall fill vacancies by appointment. Should no city council members be available, the chair of the county board of supervisors shall appoint members to the city council until there are sufficient members to form a quorum as required by law.
B. In the event a council member becomes available after a period of being unavailable, that council member shall resume his office.
C. Emergency appointments to the city council as authorized herein shall be temporary, and shall last only until such time as either an elected council member becomes available, or a special election may be held.
D. In the event the city manager is, or becomes, unavailable and is therefore unable to serve as director, the chief of police shall serve as both city manager and director. In the event the chief of police is, or becomes, unavailable to serve as director and city manager, the director of public works shall serve as both city manager and director. Thereafter, in the event of unavailability, the order of succession to serve as director and city manager shall be the director of finance, community development director. If the city manager becomes available, he shall resume the office of director and city manager. (Ord. 97-611 § 2).
2.36.090 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 Fortuna. (Ord. 97-611 § 2).
2.36.100 Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for 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 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 director of emergency services or the emergency agency of the state. (Ord. 97-611 § 2).