Chapter 9.04
DISASTERS AND EMERGENCIES1
Sections:
9.04.030 Disaster council – Created – Composition.
9.04.040 Disaster council – Powers and duties generally.
9.04.050 Director and assistant director of emergency services – Offices created.
9.04.060 Director and assistant director of emergency services – Powers and duties.
9.04.070 Emergency organization – Composition.
9.04.080 Emergency organization – Structure, duties and functions.
9.04.090 Emergency activity expenditures.
9.04.100 Prohibited acts under chapter – Penalties for violation.
9.04.010 Emergency defined.
As used in this chapter, “emergency” means 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. 548 § 2. Code 1964 § 6-1.)
9.04.020 Purposes of chapter.
The 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 the City with all public agencies, corporations, organizations and affected private persons. (Ord. 548 § 1. Code 1964 § 6-2.)
9.04.030 Disaster council – Created – Composition.
The City disaster council is hereby created and shall consist of the following:
A. The mayor, who shall be the chairman.
B. The director of emergency services, who shall be vice-chairman.
C. The assistant director of emergency services.
D. Chiefs of emergency services as are provided in the 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. 548 § 3. Code 1964 § 6-3.)
9.04.040 Disaster council – Powers and duties generally.
It shall be the duty of the City 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. 548 § 4. Code 1964 § 6-4.)
9.04.050 Director and assistant director of emergency services – Offices created.
A. There is hereby created the office of director of emergency services. The City administrator 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. (Ord. 548 § 5. Code 1964 § 6-5.)
9.04.060 Director and assistant director of emergency services – Powers and duties.
The director is hereby 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.
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 the City for the accomplishment of the purposes of this chapter.
D. Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.
E. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
F. 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 emergency services, or the existence of a state of war emergency, the director is hereby empowered:
1. To make and issue rules and regulations on matters related to the protection of life and property as affected by such emergency; provided, however, that 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 necessary 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 official 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 he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster workers.
4. To requisition necessary personnel or material of any City department or agency.
5. To execute all of his ordinary power as the City administrator, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. (Ord. 548 § 6. Code 1964 § 6-6.)
9.04.070 Emergency organization – Composition.
All officials and employees of the City, together with those volunteer forces to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons pressed into service under the provisions of this chapter, are charged with duties incident to the protection of life and property in this City during such emergency, and shall constitute the emergency organization of the City. (Ord. 548 § 7. Code 1964 § 6-7.)
9.04.080 Emergency organization – Structure, duties and functions.
The structure, duties, and functions of the City emergency organization and the order of emergency succession to the position of director of emergency services shall be adopted by resolution of the City Council. (Ord. 548 § 8. Code 1964 § 6-8.)
9.04.090 Emergency activity 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. 548 § 9. Code 1964 § 6-9.)
9.04.100 Prohibited acts under chapter – Penalties for violation.
It shall be a misdemeanor, punishable by a fine of 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 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 nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of the 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. 548 § 10. Code 1964 § 6-10.)
For state law as to civil defense and disaster and as to preservation of local government during times of war, see Government Code §§ 8635 through 8644. As to administration generally, see HMC Title 2. As to fire prevention, see Chapter 15.08 HMC. As to police department, see Chapter 2.28 HMC.