Chapter 2.28
EMERGENCY SERVICES
Sections:
2.28.030 Disaster council – Established – Composition.
2.28.040 Disaster council – Powers and duties – Meetings.
2.28.050 Director – Office established.
2.28.060 Director – Powers and duties.
2.28.070 Emergency organization.
2.28.100 Line of succession for council members.
2.28.110 Prohibited acts during emergencies.
2.28.120 Proclamation of local emergency – Determination – Authority.
2.28.130 Proclamation of local emergency – Term.
2.28.140 Proclamation of local emergency – Powers of director.
Prior legislation: Ord. 161.
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 life, property and the environment 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 in compliance with the Emergency Services Act and rules and regulations established by the California Governor’s Office of Emergency Services (CalOES). (Ord. 742 § 1, 2019; Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.020 Emergency defined.
As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of life, property or the environment within this city including without limitation a fire, flood, storm, epidemic, riot, earthquake, or other natural or manmade disasters occurring within the city, including conditions resulting from terrorism, war or imminent threat thereof, 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. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.030 Disaster council – Established – Composition.
The disaster council is hereby created and shall consist of the following:
A. The mayor, who shall be chair;
B. The city manager, who is ex officio the director of emergency services, who shall be vice-chair; and
C. Section chiefs as designated in the current emergency plan of this city, adopted pursuant to this chapter. (Ord. 742 § 2, 2019; Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.040 Disaster council – Powers and duties – Meetings.
It shall be the duty of the disaster council, and it is hereby empowered, to develop 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 such plans and agreements. The disaster council shall meet upon call of the chairman or, in the absence of the chairman from the city, or inability to call such meeting, upon call of the vice-chairman. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.050 Director – Office established.
There is created the office of director of emergency services. The city manager shall be the director of emergency services. (Ord. 742 § 3, 2019; Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.060 Director – Powers and duties.
A. The director 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 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, 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 CalOES, or the existence of a natural disaster, an act of terrorism, or a state of war emergency, the director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life, property, and the environment 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, property and the environment 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 natural disaster, an act of terrorism, or a state of war emergency, to command the aid of as many citizens of this community as the director deems necessary in the execution of the director’s 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;
e. To delegate to elected and appointed officials of the city such duties and authorities as he or she deems necessary; and
f. To execute all of the director’s ordinary power as city manager, all of the special powers conferred upon the director by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council and as authorized by PVEMC 2.08.060, and all powers conferred upon the director 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 the director’s duties during an emergency. Such order of succession shall be approved by the city council.
C. Develop emergency plans and manage the emergency programs of this city with the assistance of the section chiefs as designated in the emergency operations plan. (Ord. 742 § 4, 2019; Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.070 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, including persons impressed into service under the provisions of PVEMC 2.28.060(A)(6)(c), be charged with duties incident to the protection of life, property, and the environment in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.080 Emergency plan.
The disaster council shall be responsible for the development of the city emergency operations plan, which plan shall provide for the effective mobilization of all of the resources of this city, 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 resolution of the city council. A copy of any adopted emergency plan shall be provided to the CalOES. (Ord. 742 § 5, 2019; Ord. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.090 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. 701 § 2 (Exh. 1), 2012; Ord. 323 § 1, 1976)
2.28.100 Line of succession for council members.
The line of succession for the position of mayor during a state of emergency, state of war emergency, local emergency, or other condition of disaster, unless ordered by the city council, shall be the mayor pro tempore followed by the remaining council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Cal. Gov. Code § 8638. For members of the city council elected at the same election, seniority to the office of mayor shall be determined by the greater number of votes received during that election. (Ord. 701 § 2 (Exh. 1), 2012)
2.28.110 Prohibited acts during emergencies.
It is a criminal act and a misdemeanor punishable pursuant to PVEMC 1.16.010 for any person during a state of emergency, state of war emergency, local emergency, or other condition of disaster:
A. To willfully obstruct, hinder, or delay any member of the city emergency organization 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 emergency organization member pursuant to this chapter;
B. To do any act forbidden by any lawful rule, regulation, or order issued pursuant to this chapter so as to give assistance to the enemy during time of war, or to imperil life, property, or the environment, or to prevent, hinder, or delay the defense or protection of persons, property, or the environment; or
C. To 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. 701 § 2 (Exh. 1), 2012)
2.28.120 Proclamation of local emergency – Determination – Authority.
A. Whenever riots, general civil disobedience, multiple law violations, or the threat of such happenings occurs in the city, the director, or, in the event of his or her inability to act, the chief of police, may determine that a local emergency exists.
B. If such local emergency is declared by the director or designee of the director, the declaration shall be reviewed by city council as soon as practicable but at least within seven days of the declaration. In the event the city council fails to ratify such declaration of local emergency within seven days of its declaration, the declaration of local emergency shall cease and terminate.
C. The director shall immediately proclaim in writing the existence of a state of local emergency which shall be executed by the mayor if declared by the city council or by the director, or designee of the director, if declared by the director or designee. He or she shall cause widespread publicity and notice to be given of such proclamation. (Ord. 701 § 2 (Exh. 1), 2012)
2.28.130 Proclamation of local emergency – Term.
The proclamation of local emergency provided in this chapter 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 is issued until such time as it is similarly and duly terminated by:
A. The city council at the earliest possible date that conditions warrant; or
B. By the passage of seven days after the emergency is declared by the director or designee of the director and not ratified by the city council. (Ord. 701 § 2 (Exh. 1), 2012)
2.28.140 Proclamation of local emergency – Powers of director.
A. After issuance of a proclamation of local emergency, the director shall have the power to make, issue, and enforce rules and regulations on matters reasonably related to the protection of life, property, and the environment as affected by such emergency; provided, however, such rules and regulations shall be confirmed as soon as possible by the city council. In addition to those powers and duties set forth in PVEMC 2.28.060, the director is granted, but shall not be limited to, the following powers:
1. Curfew. The director may order a general curfew applicable to the entire city or such geographical areas of the city as he or she deems necessary to protect the public health, safety and welfare. As used in this chapter, “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 local emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers, and other such personnel specifically authorized to duty by a duly delegated authority are exempted from the foregoing curfew requirements;
2. Business Closing. The director may order the closing of any business establishments anywhere within the city, such businesses to include without limitation those selling alcoholic beverages, gasoline, or firearms;
3. Alcoholic Beverages. The director may order that no person shall consume alcoholic beverages in a public street or place which is publicly owned or in any other public or private area open to the public on which the consumption of such alcoholic beverages shall be found by the director, based on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency;
4. Weapons. The director may order that no persons shall carry or possess in a public street or place which is publicly owned or in any other public or private area open to the public 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 or the environment;
5. Closed Areas. The director may designate any public street, thoroughfare, or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such emergency.
B. The foregoing specific authorization of authority vested in the director and other such authorizations as may be deemed necessary during such emergency are declared to be imminently necessary for the protection of life, property and the environment during such period. (Ord. 701 § 2 (Exh. 1), 2012)