Chapter 4.18 Disaster Control
4.18.10 Purpose of this Chapter
The purpose of this Chapter is 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 this City with all other public agencies, corporations, organizations and affected persons.
Definition MOVE TO Article 12 - included here for reference only
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.
4.18.20 Disaster Council Membership
The City of La Habra Heights Disaster Council is hereby created and shall consist of the following:
A. The Mayor, who shall be chairman, and the members of the City Council;
B. The Director of Emergency Services, the Assistant Director of Emergency Services and the Chiefs of Emergency Services as provided for in the emergency plan set forth in this chapter shall be ex-officio and non-voting members of the Disaster Council.
4.18.30 Disaster Council Powers and Duties
It shall be the duty of the City of La Habra Heights Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements 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.
4.18.40 Director and Assistant Director of Emergency Services
The office of Director of Emergency Services is hereby created. The City Manager shall be the Director of Emergency Services. There shall also be an office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services and confirmed by the City Council.
4.18.50 Powers and Duties of the Director and Assistant Director of Emergency Services
The powers and duties of the Director and Assistant Director of Emergency Services are specified as follows:
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, or to issue such proclamation if the City Council is not in session. The City Council shall take action to ratify such a proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.
2. Request the Governor 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 of this City for the accomplishment of the purposes of this Chapter.
4. Direct cooperation between and coordination of services and staff of the City’s emergency organization, 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.
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 is hereby empowered:
a. 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;
b. 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;
c. 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;
d. To requisition necessary personnel or material of any City department or agency; and
e. To execute all of his or her ordinary powers as City Manager, 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 Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency program of the City, and shall have such other powers and duties as may be assigned by the Director.
4.18.60 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 may by agreement or operation of law, including persons charged with duties, incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization for the City of La Habra Heights.
4.18.70 Emergency Plan
The City of La Habra Heights Disaster Council shall be responsible for the development of the City of La Habra Heights Emergency Plan, which plan shall provide for the effective mobilization of all City resources, 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 the City Council.
4.18.80 Expenditures
Any expenditure 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 La Habra Heights.
4.18.90 Violations/Penalties
Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor that shall be punishable pursuant to the procedures set forth in Article 8.
Further, it shall be a misdemeanor for any person, during a declared 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 or her by virtue of this Chapter; or
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; or
C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State or any other governmental agency.