Chapter 2.36
EMERGENCY SERVICES*
Sections:
2.36.030 Disaster council membership.
2.36.040 Disaster council powers and duties.
2.36.050 Director of emergency services.
2.36.060 Director and assistant director of emergency services—Powers and duties.
2.36.070 Emergency organization.
*Prior ordinance history: Ord. 1016.
2.36.010 Purpose.
The declared 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 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. 1071 § 1 (part), 1999: prior code § 2.38.010)
2.36.020 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 persons and property within this city caused by such conditions, including conditions resulting from war or 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. 1071 § 1 (part), 1999: prior code § 2.38.020)
2.36.030 Disaster council membership.
The city of San Jacinto disaster council is hereby created and shall consist of the following:
A. Mayor;
B. City manager/assistant city manager;
C. Finance director;
D. Planning director;
E. Battalion chief;
F. Police commander.
The mayor shall chair the disaster council and be a member of Riverside County’s disaster council. (Ord. 08-02 § 1)
2.36.040 Disaster council powers and duties.
It shall be the duty of the city disaster council, and it 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 or her absence from the city or inability to call such meeting, upon call of the vice-chair. The vice-chair shall be elected by a majority of the disaster council. (Ord. 1071 § 1 (part), 1999: prior code § 2.38.040)
2.36.050 Director of emergency services.
A. There is hereby created the office of director of emergency services. The city manager shall be director of emergency services.
B. There is hereby created the office of assistant director of emergency services, who shall be the assistant city manager.
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 his or her duties during an emergency. Such order of succession, to the extent such official is not already serving as director pursuant to Section 2.36.060(B), shall be:
1. Public works director;
2. Police chief;
3. Finance director. (Ord. 08-02 § 2)
2.36.060 Director and assistant director of emergency services—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 operation 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 herein;
6. In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or Director of the State Office of Emergency Services, or the existence of 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 and property as affected by such emergency; provided, however, 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 the proclamation of a state of war 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 or she deems necessary in the execution of his or her 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 or her ordinary powers as city manager conferred upon him or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him or her by any statutes, 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 his or her duties during an emergency. Such order of succession shall be:
1. Battalion chief;
2. Police commander;
3. Finance director.
C. The assistant director shall, under the supervision of the director and with the assistance of emergency services chiefs, 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. (Ord. 1071 § 1 (part), 1999: prior code § 2.38.060)
2.36.070 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 Section 2.36.060(A)(6)(c) of this chapter, 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. 1071 § 1 (part), 1999: prior code § 2.38.070)
2.36.080 Emergency plan.
The city disaster council 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 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. (Ord. 1071 § 1 (part), 1999: prior code § 2.38.080)
2.36.090 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection of the city. (Ord. 1071 § 1 (part), 1999: prior code § 2.38.090)
2.36.100 Violation—Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six months, or both for any person, during an emergency, to:
A. Wilfully 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 or her 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 the 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. (Ord. 1071 § 1 (part), 1999: prior code § 2.38.100)