Chapter 2.28
CIVIL DEFENSE AND DISASTERS
Sections:
2.28.030 Director and Assistant Director of Emergency Services.
2.28.040 Powers and duties of the Director and Assistant Director of Emergency Services.
2.28.050 Emergency organizations.
2.28.080 Punishment for violations.
2.28.010 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 this 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 private persons. (Ord. 1375 § 2, 2009)
2.28.020 Definition.
As used in this chapter, “emergency” means the actual or threatened existence of and 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, 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. 1375 § 2, 2009)
2.28.030 Director and Assistant Director of Emergency Services.
(A) There is created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(B) There is created the position of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services. (Ord. 1375 § 2, 2009)
2.28.040 Powers and duties of the Director and Assistant Director of Emergency Services.
(A) 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 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;
(2) Request the Governor to proclaim a state of emergency when, in the opinion of the Director of Emergency Services, 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 emergency organization of this City, 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 as defined in this chapter;
(6) In the event of the proclamation of a local emergency as provided in this chapter, 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 of Emergency Services is 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, that 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 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 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 service workers;
(d) To requisition necessary personnel or material of any City department or agency; and
(e) To execute all of his ordinary power as City Manager conferred upon him by this chapter or by resolution or emergency plan adopted pursuant to this chapter 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 of Emergency Services is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council.
(C) The Assistant Director of Emergency Services shall, under the supervision of the Director of Emergency Services and with the assistance of City staff, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director of Emergency Services. (Ord. 1375 § 2, 2009)
2.28.050 Emergency organizations.
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 impressed into service under the provisions of PMC 2.28.040(A)(6)(c), be charged with duties incident to the protection of life and property in this City during such emergency, constitute the emergency organization of the City. (Ord. 1375 § 2, 2009)
2.28.060 Emergency plan.
(A) The Director of Emergency Services shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet a 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 resolution of the City Council.
(B) The Director of Emergency Services shall be responsible for the development of any and all mutual aid plans, which shall provide for the effective mobilization of the resources of this City and other agencies, both public and private, to meet a condition constituting a local emergency, state of emergency or state of war emergency.
(C) The Director of Emergency Services shall be responsible for the preparation of any and all agreements, resolutions, ordinances, rules and regulations, or any other documents necessary to implement such emergency and mutual aid plans. (Ord. 1375 § 2, 2009)
2.28.070 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. 1375 § 2, 2009)
2.28.080 Punishment for violations.
Upon proclamation or declaration by the City, Los Angeles County, state or federal officials of a state of emergency within or including the City of Palmdale, and for a period of 30 days after the date the emergency is declared terminated, it is unlawful for any person to do any of the following:
(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 a nature as to give or be likely to give assistance to the enemy or to imperil lives or property of 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;
(D) To sell or offer for sale any consumer product or service, including, but not limited to, clothes, food, water, furniture, building or construction materials, emergency or medical supplies, or gasoline for an amount which exceeds 10 percent above the price regularly and customarily charged by the person for the goods or services on the day immediately before the proclamation or declaration of the emergency. It shall be a defense to prosecution if such person can prove:
(1) That an increase in price of greater than 10 percent was unavoidable and directly attributable to either: (a) additional costs imposed on the person by the supplier of the products or goods, or (b) additional costs for labor and materials used to provide the service, and
(2) That without a greater than 10 percent increase the person would not be able to earn a fair rate of return in his, her or its entire business;
(E) In addition to the criminal penalties set forth in Chapter 1.12 PMC, the City Attorney or any resident may prosecute a civil action to enforce this section and in any action obtain such legal and equitable relief, including the recovery of actual and punitive damages and reasonable attorney fees, as may be imposed by law. (Ord. 1375 § 2, 2009)