Chapter 2.44
EMERGENCY SERVICES
Sections:
2.44.030 Expenditures deemed for protection of inhabitants and property.
2.44.045 Director of emergency services.
2.44.050 Director—Powers and duties generally.
2.44.060 Director—Powers and duties in state of emergency.
2.44.070 Composition of organization.
2.44.090 Closing public ways by chief of police.
2.44.100 Application of chapter—Conflict with state law.
2.44.010 Definition.
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. 571 § 1 (part), 1974).
2.44.020 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, and to provide for the coordination of the emergency functions of the city with all other public agencies and affected private persons, corporations and organizations. (Ord. 571 § 1 (part), 1974).
2.44.030 Expenditures deemed protection of inhabitants and property.
Any expenditures made in connection with such 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. 571 § 1 (part), 1974).
2.44.040 Disaster council.
(a) The disaster council is created and shall consist of the following:
(1) The mayor and the other four members of the council. The mayor shall be chairman, the other members of the council acting as alternate chairman in order of seniority on the council in the event the mayor is not present;
(2) The director of emergency services, who shall be vice-chairman;
(3) The assistant director of emergency services;
(4) Such chiefs of emergency services as are provided for in the current emergency plan of this city, adopted pursuant to this chapter; and
(5) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility may be appointed by the director with the advice and consent of the City Council.
(b) The City Council shall provide for continuity of government.
(c) The disaster council is 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 liability to call such a meeting, upon the call of the vice-chairman. (Ord. 602 § 1(a), 1976: Ord. 571 § 1 (part), 1974).
2.44.045 Director of emergency services.
There is created the office of director of emergency services. The city manager shall be director of emergency services. He shall develop emergency plans and organize the emergency programs of this city, and shall have such other duties as may be assigned by the City Council. One or more assistant directors may be named by the director, but if more than one such assistant director is named, the director shall designate the order of succession of such assistant directors. (Ord. 602 § 1(b), 1976).
2.44.050 Director—Powers and duties generally.
The director of emergency services is 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. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify the proclamation within twenty-four hours thereafter or the proclamation shall have no further force or effect;
(2) Request the governor to proclaim a state of emergency in the city or in an area in and around the city when in the opinion of the director the prevailing conditions are such that they are or are likely to become beyond the control of the services, personnel, equipment and facilities of the city or the city in combination with any other local agency available to meet the emergency;
(3) Control and direct the effort and personnel of the emergency organization of this city for the accomplishment of the purposes of this chapter and to make and issue rules and regulations on matters reasonably related to the protection of life and property of the public;
(4) Direct coordination and cooperation between divisions, services and staff of the emergency organization of this city, and to resolve questions of authority and responsibility that may arise between them;
(5) Request, contract for, receive and implement state and federal aid of all types relating to disaster preparedness and relief;
(6) Order the opening or closing of any building or premises owned or controlled by the city as in his discretion he may determine to be in the public interest;
(7) The powers granted under subsection (6) may be so exercised as to any public building or premises when the agency in control thereof requests or allows such action;
(8) Establish at some central, safe and enclosed place in this city, a room, or rooms, which shall be in use in times of imminent public danger as the center from which the emergency organization shall be directed and coordinated. The director shall establish one or more alternate emergency operating centers for use in case the primary emergency operating center is damaged, destroyed or otherwise unusable;
(9) Designate, and have marked, as necessary, highway evacuation routes for use in connection with regional and state emergency plans;
(10) Represent the emergency organization of this city in all dealings with public or private agencies pertaining to emergency services. (Ord. 602 § 1(c), 1976; Ord. 571 § 1 (part), 1974).
2.44.060 Director—Powers and duties in a state of emergency.
In the event of a proclamation of a local emergency as provided in this chapter or by the proclamation of a state of emergency by the Governor or the State Director of Emergency Services, the director is empowered to:
(1) Make and issue rules, regulations and proclamations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, proclamations must be confirmed at the earliest practicable time by the City Council within twenty-four hours, or they shall have no further force and effect;
(2) Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use. Any expenditures made in such 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;
(3) Command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall he entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service worker volunteers;
(4) Require emergency service of any city officer or employee and require any city official or employee to remain available on a standby basis for regular and emergency service, but without compensation for remaining so available, notwithstanding any salary resolution or other form of ordinance to the contrary;
(5) Order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare and reasonably calculated to avoid damage on injuries to persons, property or the public peace. The curfew is defined as, and shall be when so declared, a prohibition against any person or persons being or remaining in any alley, street, highway, public property or vacant premises within the curfew area;
(6) Make in the interest of public safety and welfare any or all of the following orders with reference to certain geographical areas of the city or the city as a whole:
(A) Order the closing of all retail liquor stores,
(B) Order the closing of all beer taverns,
(C) Order the closing of all private clubs or portions thereon wherein the consumption of intoxicating liquor or beer is permitted,
(D) Order the discontinuance of the sale of beer and liquor,
(E) Order the discontinuance of selling, distributing or giving away gasoline or other flammable liquid, flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle,
(F) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammables or similarly combustible products,
(G) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition or explosive of any character whatsoever,
(H) Order the closing of any and all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms on ammunition,
(I) Order the closing of any and all establishments and premises where crowds gather or tend to gather, including, but not limited to theaters, stadiums, dancehalls, gymnasiums, amusement areas, etc.,
(J) Issue other orders relating to the closing or restriction of businesses or portions thereof the mere existence of which might be a threat to public safety;
(7) Execute all of his ordinary powers as mayor or city manager, all of the special powers conferred upon him by this chapter, all powers conferred upon him by any statute, ordinance or agreement approved by the City Council, or by any other lawful authority, to exercise complete authority over the city and to exercise all police power vested in the city by statute. (Ord. 602 § 1(d), 1976; Ord. 571 § 1 (part), 1974).
2.44.070 Composition of organization.
All officers and employees of this 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 pressed into service under the provisions of the preceding section, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 571 § 1 (part), 1974).
2.44.080 Volunteers.
All persons, other than officers and employees of the city, volunteering services pursuant to the provisions of this chapter, shall serve without compensation from the city. While engaged in such services, they shall have and enjoy the same immunities as officers and employees of the city performing similar duties. (Ord. 571 § 1 (part), 1974).
2.44.090 Closing public ways by chief of police.
A proclamation made pursuant to this chapter shall constitute a calamity under Penal Code Section 409.5 and be authority for the chief of police to take steps therein provided and authorized and pursuant to authority of this chapter. (Ord. 571 § 1 (part), 1974).
2.44.100 Application of chapter—Conflict with state law.
The following general provisions apply to proclamations, rules and orders made pursuant to the sections of this chapter:
(1) Any proclamation on order promulgated pursuant to the authority conferred by this chapter shall be in force and effect from the time of promulgation (with subsequent ratification by the City Council) and until amended or repealed by the director, or assistant director, or until repealed by the council.
(2) Any conditions or activities conducted or maintained contrary to the proclamation or orders are public nuisances.
(3) All proclamations and orders, other than the closing of public ways under Section 2.44.090 shall be in writing and shall he available for public inspection a the place and during the hours fixed by the director.
(4) Persons going to or coming from or attending to any public utility, health or emergency service, or duly authorized by any news service, newspaper, radio or television, or network to gather or report the news shall not be subject in any curfew ordered under this chapter.
(5) This chapter shall not be construed so as to conflict with any state or federal statute, rule, regulation or order relating to conditions in the city during the effectiveness of such proclamations or orders. (Ord. 602 § 1(e), 1976; Ord. 571 § 1 (part), 1974).
2.44.110 Violations.
It is a misdemeanor for any person during an emergency:
(1) Wilfully to obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule, proclamation or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
(2) To do any act forbidden by any lawful rules or regulations issued or curfew ordered pursuant to this chapter; or,
(3) To wear, carry or display, without authority, any means of identification specified by the emergency services agency of the state or the city. (Ord. 571 § 1 (part), 1974).