Chapter 2.40
EMERGENCY ORGANIZATION AND FUNCTIONS
Sections:
2.40.030 Emergency Preparedness Advisory Committee—Committee Membership.
2.40.040 Emergency Preparedness Committee Duties.
2.40.050 Director and Assistant Director of Emergency Services.
2.40.060 Director of Emergency Services—Powers and Duties.
2.40.070 Emergency Organization.
2.40.100 Violation of a Misdemeanor.
2.40.010 Purposes of Chapter.
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; the direction of the emergency organization; the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons, including the provisions provided for any Joint Powers Agreement. (Ord. 89-6, 7/11/89)
2.40.020 Emergency Defined.
As used in this Chapter, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or eminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat. (Ord. 89-6, 7/11/89)
2.40.030 Emergency Preparedness Advisory Committee—Committee Membership.
The City of Santa Clarita Emergency Preparedness Committee (“Emergency Preparedness Committee”) is hereby created and shall consist of such representatives of public agencies, civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the City Council. The Emergency Preparedness Committee Chair and Vice Chair shall be appointed by the City Council and shall possess the powers and responsibilities as designated in this Chapter. (Ord. 89-6, 7/11/89)
2.40.040 Emergency Preparedness Committee Duties.
It shall be the duty of the Santa Clarita Emergency Preparedness Committee to review and recommend for adoption by the City Council, emergency plans and agreements in such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Emergency Preparedness Committee shall meet as necessary but no less than quarterly to perform the functions. (Ord. 89-6, 7/11/89)
2.40.050 Director and Assistant Director of Emergency Services.
A. There is hereby created the Office of Director of Emergency Services (“Director”). The City Manager shall be the Director of Emergency Services.
B. There is hereby created the Office of Assistant Director of Emergency Services (“Assistant Director”) who shall be appointed by the Director. (Ord. 89-6, 7/11/89)
2.40.060 Director of Emergency Services—Powers and Duties.
A. The Director is hereby empowered:
1. To 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 have taken action to ratify the proclamation within seven (7) 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 the City for the accomplishment of the purposes of this Chapter.
4. Use all City resources for the preservation of life and property and to reduce the effects of disaster.
5. Direct cooperation between the coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.
6. Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws.
7. Represent the City and all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
8. In event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the Director of the State Office or Emergency Services, or the existence of a “state of war emergency,” the Director is hereby 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. The Director is granted but shall not be limited to the following powers;
i. CURFEW. The Director may order a general curfew applicable to the entire City or such geographical areas thereof as the Director deems necessary to protect the public health, safety, welfare and morals.
As used herein, “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 civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements:
ii. BUSINESS CLOSING. The Director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms;
iii. ALCOHOLIC BEVERAGES. The Director may order that no person shall consume any alcoholic beverages in a public street or private area on which the consumption of such alcoholic beverages shall be found by the City Manager, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency;
iv. WEAPONS. The Director may order that no persons shall carry or possess 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;
v. The Director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency;
vi. 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;
vii. 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 “state of war emergency”, to command the aide of as many citizens of this community as deemed 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’;
viii. To request the Governor for all necessary assistance, requisition necessary personnel or materials from any city department or other source, control and direct all City personnel and equipment; and
ix. 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 hereto adopted by the City Council, 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 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. The Assistant Director shall, under the supervision of the Director and with the assistance of Department Heads, designated as emergency service 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.
D. In addition to the powers granted herein, the Director shall have such powers incidental to the performance of duties as said Director as shall be necessary to allow the Director to carry out the disaster operations plan of the City, it being the intent of this Chapter that the enumerated powers herein are not intended to be limitations upon the Director’s powers.
E. The foregoing specific authorizations of authority vested in the Director and other such authorizations as deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. (Ord. 89-6, 7/11/89)
2.40.070 Emergency Organization.
All officers and employees of the City, together with those volunteer forces enrolled to aide them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into services under the provisions of Section 2.40.080(A)(9)(vii) of this Chapter, charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City. (Ord. 89-6, 7/11/89)
2.40.080 Emergency Plan.
The City Manager shall be responsible for the development of the Emergency Plan and work with the Emergency Preparedness Committee to review the City of Santa Clarita Emergency Plan (“Emergency Plan”), and such Emergency Plan shall provide for the effective mobilization of all of the resources of the 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 and its provision shall have the force of law during a declared emergency. (Ord. 89-6, 7/11/89)
2.40.090 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. 89-6, 7/11/89)
2.40.100 Violation of a Misdemeanor.
It shall be a misdemeanor, punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
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 by a 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 the 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. 89-6, 7/11/89)