Chapter 2-32
DISASTER RELIEF SYSTEM
Sections:
2-32.040 Disaster Corps—Activation.
2-32.050 Director of Emergency Services.
2-32.060 Director of Emergency Services—Powers and duties. Revised 10/20
2-32.070 Office of disaster preparedness.
2-32.080 Powers of succession.
2-32.090 Orders by members of Disaster Corps.
2-32.100 Line of succession for Council Members.
2-32.110 Emergency operating centers.
2-32.120 Prohibited acts during emergencies.
2-32.130 Proclamation of emergency—Determination—Authority.
2-32.140 Proclamation of emergency—When effective—Term.
2-32.150 Proclamation of emergency—Rules and regulations—Powers of Director of Emergency Services.
2-32.160 Requisition of equipment or personnel.
2-32.010 General purposes.
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 the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the city with the county and with all other public agencies, corporations, organizations, and affected private persons. (Ord. 97-7 § 1 (part): prior code § 2-50.010)
2-32.020 Definitions.
“Local emergency” means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, county, or city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, 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 that political subdivision and require the combined forces of other political subdivisions to combat.
“State of emergency” means the duly proclaimed 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, earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which conditions, by reason of magnitude, are likely to be beyond the control of the services, personnel, equipment, and facilities of any single city, county, or city and county and require combined forces of a mutual aid region or regions to combat.
“State of war emergency” means the condition which exists immediately, with or without a 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 such an enemy attack is probable or imminent.
Other terms used herein shall have the meanings as used in the California Emergency Services Act. (Ord. 97-7 § 1 (part): prior code § 2-50.020)
2-32.030 Disaster Corps.
The city Disaster Corps consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, organizations, and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered, or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The Disaster Corps shall be composed of such elements as are provided for in the disaster operations plan of the city. The officers of the city shall have the authority and duty to plan for mobilization, operation, and support for that segment of the Disaster Corps for which each is responsible as provided for in the disaster operations plan of the city and to conduct the activities thereof. (Ord. 97-7 § 1 (part): prior code § 2-50.030)
2-32.040 Disaster Corps—Activation.
The Disaster Corps shall be activated and shall function as a disaster relief body, only:
A. Upon the existence of a state of war emergency;
B. Upon the declaration by the Governor of the state, or of persons authorized to act in his or her stead, of a state of emergency affecting and including the city;
C. Upon the declaration of a local emergency by the Board of Supervisors of Orange County, or by persons authorized to act in its stead, affecting and including the city; or
D. Upon the declaration of a local emergency by the City Council of the city or by persons herein authorized to act in its stead.
(Ord. 97-7 § 1 (part): prior code § 2-50.040)
2-32.050 Director of Emergency Services.
The City Manager shall be the Director of Emergency Services. In the City Manager’s absence or inability to act, the City Manager shall automatically be succeeded as Director of Emergency Services by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the city. (Ord. 97-7 § 1 (part): prior code § 2-50.050)
2-32.060 Director of Emergency Services—Powers and duties.
The Director of Emergency Services shall have the following powers and duties:
A. To make key appointments, and to make all other appointments or delegate the making of the same, within the Disaster Corps;
B. To request the City Council to proclaim the existence of a local emergency if said Council is in session or to issue such proclamation if said Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review and confirm the necessity for continuing the local emergency no less frequently than at every subsequent regular meeting of the City Council until the locally declared emergency is terminated;
C. During the existence of a state of war emergency or the proclaimed existence of a state of war emergency or local emergency affecting the city, to:
1. Control and direct the activities of the city Disaster Corps,
2. Use all city resources for the preservation of life and property and to reduce the effects of disaster,
3. Resolve questions of authority and responsibility that may arise in disaster operations,
4. Obtain vital supplies, equipment, and other resources needed for the preservation of life and property by either binding the city for the fair value thereof or by commandeering the same,
5. Delegate to elected and appointed officials of the city such duties and authorities as he or she deems necessary,
6. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed as an emergency as provided herein,
7. Exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws, and
8. Require performance of emergency services by any city officer, or employee and to command the aid of as many citizens of the city as deemed necessary in the execution of the duties set forth in this chapter:
a. In addition to the powers granted herein, the Director shall have such powers incidental to the performance of his or her duties as shall be necessary to allow the disaster operations plan of the city to be effectively carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon the Director’s powers.
(Ord. 2020-2 § 2; Ord. 97-7 § 1 (part): prior code § 2-50.060)
2-32.070 Office of disaster preparedness.
There is created the city office of disaster preparedness, which shall consist of such positions as may be established by the City Manager. (Ord. 97-7 § 1 (part): prior code § 2-50.070)
2-32.080 Powers of succession.
Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the city shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. (Ord. 97-7 § 1 (part): prior code § 2-50.080)
2-32.090 Orders by members of Disaster Corps.
During the existence of a state of war emergency or of a proclaimed state of emergency or local emergency affecting the city, each member of the city Disaster Corps shall have authority to require that all persons follow reasonable orders given by that member and within the scope of that member’s functions in order to execute the disaster operations plan of the city. The willful failure of any person to follow such reasonable order or orders is a misdemeanor. (Ord. 97-7 § 1 (part): prior code § 2-50.090)
2-32.100 Line of succession for Council Members.
The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency, or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor Pro Tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the California Government Code. (Ord. 97-7 § 1 (part): prior code § 2-50.100)
2-32.110 Emergency operating centers.
Unless exigencies render the same impossible or unduly hazardous to safety, an emergency operating center shall normally be maintained within the city; the primary location will be at City Hall, alternate sites will be determined by the Director of Emergency Services. (Ord. 97-7 § 1 (part): prior code § 2-50.110)
2-32.120 Prohibited acts during emergencies.
It is a misdemeanor for any person during a state of emergency, war emergency, local emergency, or other condition of disaster to:
A. Willfully obstruct, hinder, or delay any member of the city Disaster Corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such Disaster Corps member by virtue of this chapter:
B. Do any act forbidden by any lawful rule, regulation, or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil life or property or to prevent, hinder or delay the defense or protection of persons or property; or
C. Wear, carry, or display, without authority, any means of identification specified by the emergency services or disaster or civil defense agencies of the federal or state governments.
(Ord. 97-7 § 1 (part): prior code § 2-50.120)
2-32.130 Proclamation of emergency—Determination—Authority.
Whenever riots, general civil disobedience, multiple law violations, or the threat of the same occur in the city, the Director of Emergency Services, or in the event of said Director’s inability to act, the Director’s designee, may determine that a local emergency exists. At such time the Director shall forthwith proclaim in writing the existence of a state of local emergency. The Director shall cause such proclamation to be given widespread publicity and notice. (Ord. 97-7 § 1 (part): prior code § 2-50.130)
2-32.140 Proclamation of emergency—When effective—Term.
The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the Director of Emergency Services or by the action or inaction of the City Council as provided by Section 2-32.060B of this chapter. (Ord. 97-7 § 1 (part): prior code § 2-50.140)
2-32.150 Proclamation of emergency—Rules and regulations—Powers of Director of Emergency Services.
After the issuance of a proclamation of local emergency, the Director of Emergency Services shall have the power to make, issue, and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2-32.060 of this chapter, the Director is granted, but shall not be limited to, the following powers:
A. Curfew. The Director may order a general curfew applicable to the entire city or such geographical areas thereof as deemed necessary to protect the public health, safety, welfare, and morals.
As used herein “curfew” means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and law enforcement officers, and other such personnel as well as those specifically authorized by duty delegated authority are exempted from the foregoing curfew requirements;
B. Business Closing. The Director may order the closing of any business establishments anywhere within the city, such businesses to include but not be limited to those selling alcoholic beverages, gasoline, or firearms.
C. Alcoholic Beverages. The Director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages is found by the Director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency.
D. Weapons. The Director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock, or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property.
E. Street Closures. The Director may designate any public street, thoroughfare, or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency.
The foregoing specific authorizations and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. (Ord. 97-7 § 1 (part): prior code § 2-50.150)
2-32.160 Requisition of equipment or personnel.
Once a proclamation of emergency is issued, the Director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any city department or other source; control and direct all city personnel and equipment; obtain vital supplies and such other properties found lacking and needed for the protection of life and property and bind the city for the fair value thereof; and, if required, commandeer immediately such property, equipment, and personnel necessary for the public use during the term of the emergency.
All persons required by the Director to provide aid to the city pursuant to Section 2-32.060(C)(8) of this chapter shall be entitled to all privileges, benefits, and immunities provided by state or local law for registered civil defense and disaster worker volunteers. (Ord. 97-7 § 1 (part): prior code § 2-50.160)
2-32.170 Violation—Penalty.
Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a misdemeanor. (Ord. 97-7 § 1 (part): prior code § 2-50.170)