Chapter 2.20
EMERGENCY SERVICES*
Sections:
2.20.00E Prior History Note for Chapter 2.20.
2.20.030 Disaster Council—Members.
2.20.040 Disaster Council—Powers.
2.20.050 Emergency Operations Plan.
2.20.060 Director and Assistant Director of Emergency Services—Powers and Duties.
2.20.065 Review and Termination of Proclamation of Emergency.
2.20.070 Director—Assistant Director—Emergency Powers.
2.20.080 Emergency Organization.
2.20.00E Prior History Note for Chapter 2.20.
* Prior code history: 1949 Code §§ 2502—2508 as amended by Ords. 637, 1513. (Ord. 2002-8 (part), 2002)
2.20.010 Purpose.
The purpose of this chapter is to provide for the preparation and implementation of plans for the protection of persons and property within the City in the event of an emergency, to empower certain City officials and staff to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of this City with all other public agencies and affected private persons, corporations, and organizations. This article is intended to comply with the California Emergency Services Act, California Government Code Section 8550 et seq. (Ord. 2023-22 § 57, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.020 Emergency Defined.
As used in this chapter, the terms “state of emergency,” “local emergency,” and “state of war emergency” shall have the same meanings as in California Government Code Section 8558. The term “emergency” shall mean a state of emergency, local emergency, and state of war emergency. (Ord. 2023-22 § 58, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.030 Disaster Council—Members.
The City of Newport Beach Disaster Council is hereby created and shall consist of the following members:
A. The Mayor, who shall be the chair, or in the Mayor’s absence, the Mayor Pro Tempore;
B. The remaining members of the City Council; and
C. Other officers and employees of the City, and representatives of civic, business, labor, veterans, professional, or other organizations within the community, as may be appointed by the chair, subject to confirmation by the City Council. (Ord. 2023-22 § 59, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.040 Disaster Council—Powers.
The Disaster Council is empowered to review, and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement these plans and agreements, and to perform such other functions as may be designated in the emergency operations plan. The Disaster Council shall meet upon call of the Mayor or in his or her absence the Mayor Pro Tempore or the City Manager. (Ord. 2023-22 § 60, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.050 Emergency Operations Plan.
The City Council has adopted an emergency operations plan that provides for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting an emergency. The Disaster Council shall periodically review the plan and propose, to the City Council, changes which will ensure the maximum effectiveness of the plan. The plan shall be considered supplementary to this chapter, but shall have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed. (Ord. 2023-22 § 61, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.060 Director and Assistant Director of Emergency Services—Powers and Duties.
When there is an emergency within the territorial limits of the City or which may impact the City, the Director of Emergency Services, who shall be the City Manager, and Assistant Director of Emergency Services, who shall be appointed by the Director, shall have the following powers and duties:
A. Request the City Council proclaim the existence or threatened existence of a local emergency if the Council is in session. The Director or Assistant Director may issue such a proclamation if the Council is not in session, and, in such event, the City Council shall take action to ratify the proclamation at the earliest practicable time, but in no event more than seven days after issuance of the proclamation or the proclamation shall have no further force or effect;
B. Request the Governor proclaim a state of emergency when, in the opinion of the Director or Assistant Director, resources available locally are inadequate to cope with the emergency;
C. Control and direct the efforts of the emergency organization of the City to accomplish the purposes of this chapter including, but not limited to, training of employees for emergency and disaster-related functions, disseminating to the public information related to emergency preparedness activities, and recommending to the City Council the adoption of mutual aid agreements;
D. Direct cooperation between, and coordination of, the 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 emergency organization of the City in all dealings with public or private agencies pertaining to emergencies as defined in this chapter; and
F. Prepare and maintain, on a current basis, the emergency operations plan as provided and described in this chapter, and submit the plan to the Disaster Council. (Ord. 2023-22 § 62, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.065 Review and Termination of Proclamation of Emergency.
The City Council shall review the need for continuing the local emergency at least once every sixty (60) days until the governing body terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (Ord. 2023-22 § 63, 2023)
2.20.070 Director—Assistant Director—Emergency Powers.
In the event of the proclamation of an emergency which impacts the City, or which may impact the City, the Director is empowered, within limitations specified in the City Charter, to do the following:
A. Make, issue, and enforce rules, orders or regulations reasonably related to the protection of life and/or property, or the preservation of public order and safety, which orders shall not apply to the Disaster Council or Disaster Service Workers when they are working in their official capacity. These rules, orders and regulations shall include, but not be limited to, any one or more of the following:
1. An order imposing a curfew within the entire City, or designated boundaries. The order imposing the curfew shall prohibit the presence of any person on any public highway, sidewalk or place, and may prohibit presence in any outdoor place, public or private,
2. An order prohibiting access to, travel along, or egress from any public or private street, highway or road within the City,
3. An order prohibiting or restricting the sale of alcoholic beverages in or from any business in all or a portion of the City;
B. All rules, orders and regulations made and issued pursuant to this chapter, and any amendment or rescission thereof, shall be in writing and given widespread publicity and notice. No rule, order or regulation issued pursuant to this chapter shall be effective unless and until widespread publicity and notice have been given, and, in the case of any curfew order, such order shall not be effective until notice of the curfew order has been given within the boundaries of the area subject to the curfew by mobile sound trucks or vehicles equipped with public announcement systems. Rules, orders and regulations issued pursuant to this chapter shall remain in effect for the period specified in the declaration of emergency, but no rule, order or regulation shall remain in effect for more than seven days unless confirmed and ratified by the City Council. All rules, orders and regulations issued pursuant to this chapter shall be ratified and confirmed at the earliest practicable time by the City Council, but in no event shall confirmation and ratification occur more than seven days after issuance. Prior to confirmation and ratification, the Director or Assistant Director shall provide the City Council with the written emergency proclamation, all other related documents, and a report explaining the facts and circumstances which prompted the emergency proclamation and issuance of emergency rules, orders and regulations;
C. To obtain vital services, supplies, equipment and such other properties found lacking and needed for the protection of the life and property, and to bind the City to pay fair market value for the goods and services, and if required immediately, to commandeer the same for public use, within the confines of the City Charter and State law;
D. To require emergency services of any City officer or employee, and to requisition the necessary City material, and in the event of the proclamation of extreme emergency by the Governor, in the region in which this City is located, to request the aid of as many citizens of this community as the Governor deems necessary in the execution of these duties. Such person shall be entitled to all privileges, benefits and immunities as provided by State law for registered emergency services and disaster workers and volunteers;
E. Exercise all ordinary powers of the City Manager, as well as all special powers conferred upon the Manager by this chapter, by any provision of State or local law, by any agreement approved by the City Council, by the emergency operations plan then in effect, or special power vested in the City by any other lawful authority; and
F. Designate the order of succession to the office of Director of Emergency Services to take effect in the event the Director, and Assistant Director, are unavailable to take appropriate action pursuant to the provisions of this chapter. The order of succession shall be approved by the City Council and shall be specified in the emergency operations plan. (Ord. 2023-22 § 64, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.080 Emergency 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 be charged with duties incident to the protection of life and property in this City during an emergency, including persons pressed into service under the provisions of Section 2.20.070 of this chapter, shall constitute the Emergency Organization of the City of Newport Beach. (Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.090 Expenditures.
Any expenditures made in connection with the provision of emergency services, 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 Newport Beach. (Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)
2.20.100 Violation.
No person during an emergency shall:
A. Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful order, rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon the member by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, 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 lawful authority, any means of identification specified by the emergency agency of the State or the City. (Ord. 2023-22 § 65, 2023; Ord. 2002-8 (part), 2002: Ord. 88-44 § 1 (part), 1988: Ord. 87-10 § 1 (part), 1987)