Chapter 2.28
EMERGENCY SERVICES
Sections:
Article I. Emergency Services Generally
2.28.030 Disaster council – Membership.
2.28.040 Disaster council – Powers and duties.
2.28.050 Director and assistant director of emergency services – Office created.
2.28.060 Director and assistant director of emergency services – Powers and duties.
2.28.070 Emergency organization.
Article II. Recovery of Emergency Response Expenses
2.28.110 Obligation to pay emergency response expenses caused by negligence.
2.28.120 Obligation to pay emergency response expenses caused by violations of law.
2.28.130 Persons subject to charges established by this article.
2.28.150 Amount of reimbursable expenses.
2.28.170 Authorization of county.
Article III. Solana Beach Disaster Council
2.28.210 Disaster council membership.
2.28.220 Disaster council powers and duties.
2.28.230 Director and assistant director of emergency services.
2.28.240 Emergency organization.
2.28.270 Punishment of violations.
Article I. Emergency Services Generally
2.28.010 Purposes.
The declared purposes of this article are:
A. 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;
B. The direction of the emergency organization; and
C. The coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Ord. 31 § 2, 1987; 1987 Code § 2.12.010)
2.28.020 Emergency defined.
As used in this article, “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 as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from a labor controversy, which conditions are or likely are 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. 31 § 2, 1987; 1987 Code § 2.12.020)
2.28.030 Disaster council – Membership.
The disaster council is created and shall consist of the following:
A. The mayor, who shall be chairperson;
B. The director of emergency services, who shall be vice chairperson;
C. The assistant director of emergency services;
D. Such chiefs of emergency services as are provided for in a current emergency plan of the city, adopted pursuant to this article;
E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council. (Ord. 31 § 2, 1987; 1987 Code § 2.12.030)
2.28.040 Disaster council – Powers and duties.
It shall be the duty of the disaster council, and it is empowered by this article, to develop 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 chairperson, or in his absence from the city or disability to call such meeting, upon call of the vice chairperson. (Ord. 31 § 2, 1987; 1987 Code § 2.12.040)
2.28.050 Director and assistant director of emergency services – Office created.
A. There is created the office of the director of emergency services. The city manager shall be the director of emergency services.
B. There is created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. 31 § 2, 1987; 1987 Code § 2.12.050)
2.28.060 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 article;
4. Direct cooperation between the 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 article;
6. In the event of the proclamation of a “local emergency” as provided in this article, 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 is empowered:
a. To make and issue rules and regulations of 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 emergency” in the county of San Diego, 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 materials of any city department or agency; and
e. To execute all of his ordinary power as city manager, all of the 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 his 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 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. (Ord. 31 § 2, 1987; 1987 Code § 2.12.060)
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 SBMC 2.28.060 (A)(6)(c), 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. 31 § 2, 1987; 1987 Code § 2.12.070)
2.28.080 Emergency plan.
The 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. 31 § 2, 1987; 1987 Code § 2.12.080)
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. 31 § 2, 1987; 1987 Code § 2.12.090)
2.28.100 Violation – Penalty.
It shall be an infraction 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 article, or in the performance of any duty imposed upon him by virtue of this article;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this article, 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. 31 § 2, 1987; 1987 Code § 2.12.100)
Article II. Recovery of Emergency Response Expenses
2.28.110 Obligation to pay emergency response expenses caused by negligence.
Those expenses of an emergency response action necessary to protect the public health or safety, or to prevent a substantial danger to domestic livestock, wildlife or the environment, incurred by an officer or employee of the city to confine, prevent or mitigate the release, escape or burning of any hazardous substance, hazardous waste, or flammable material are a charge against any person whose negligence causes the emergency conditions. The charge created against the person by this section is also a charge against the person’s employer, if negligence causing the emergency condition occurs in the course of the person’s employment. (Ord. 55 § 1, 1987; 1987 Code § 5.24.010)
2.28.120 Obligation to pay emergency response expenses caused by violations of law.
Those expenses of an emergency response action necessary to protect the public health or safety, or to prevent a substantial danger to domestic livestock, wildlife or the environment incurred by an officer or employee of the city to confine, prevent or mitigate the release or escape of any hazardous substance, hazardous waste, or flammable material are a charge against any person who causes such emergency conditions by violating or being in violation of any law relating to the generation, transportation, treatment, storage, recycling, disposal or handling of such hazardous substance, hazardous waste or flammable material, including, but not limited to, the provisions of Chapters 6.5 to 6.7 of Division 20 of the California Health and Safety Code, or any permit, rule, regulation, standard or requirement issued or adopted pursuant thereto. (Ord. 55 § 1, 1987; 1987 Code § 5.24.020)
2.28.130 Persons subject to charges established by this article.
Persons who may be liable pursuant to SBMC 2.28.110 and 2.28.120 shall include, but not be limited to, present or prior owners, lessees, or operators of the property where the hazardous substance, hazardous waste, or flammable material is located and producers, transporters or disposers of such hazardous substance, hazardous waste or flammable material. (Ord. 55 § 1, 1987; 1987 Code § 5.24.030)
2.28.140 Debt created.
Expenses reimbursable to the city pursuant to this article are a debt of the person or persons liable therefor, and shall be collectible in the same manner as in the case of an obligation under contract, express or implied. (Ord. 55 § 1, 1987; 1987 Code § 5.24.040)
2.28.150 Amount of reimbursable expenses.
A. Expenses reimbursable to the city pursuant to this article include, but are not limited to, personnel costs, costs of equipment usage, the cost of supplies, contract service costs, administrative and overhead costs, and the cost of legal services incurred in the emergency response action. Actions which must be taken in an emergency response action include, but are not limited to, prevention, suppression, extinguishment, abatement, removal, disposal, cleanup, mitigation, transportation, temporary storage, and all activities reasonably related thereto, including testing, sampling and staff work necessary to assess, evaluate and characterize the emergency condition and to formulate appropriate plans for corrective actions.
B. Whenever emergency response expenses have been incurred for the purposes specified in SBMC 2.28.110 or 2.28.120, the officer, agency or officers incurring said expenses shall calculate the amount of expenses incurred, identify the person or persons liable for reimbursement and promptly send out an invoice of all appropriate charges to all responsible parties. If said charges are not paid within 30 days from the date of the invoice, said matter may be referred to the city attorney, who shall be authorized to take all appropriate action, including bringing suit, for collection of the charges. (Ord. 55 § 1, 1987; 1987 Code § 5.24.050)
2.28.160 Cumulative remedies.
In addition to its rights to cost recovery under this article, the city shall retain the alternative rights to recover its costs by way of nuisance abatement procedure under Chapter 6.04 SBMC or by civil action. (Ord. 55 § 1, 1987; 1987 Code § 5.24.060)
2.28.170 Authorization of county.
The city council may, by resolution, authorize the Unified San Diego County Emergency Services Organization or other designated body to recover costs incurred under this article for and on behalf of the city. (Ord. 55 § 1, 1987; 1987 Code § 5.24.070)
2.28.180 Definitions.
Whenever the following terms are used in this article, they shall have the meaning established by this section. Any terms not otherwise defined shall be construed as set forth in California Health and Safety Code.
A. “Hazardous substance” means any hazardous substance listed in California Health and Safety Code Section 25316 or in California Labor Code Section 6382.
B. “Hazardous waste” means any waste, or combination of wastes, that would constitute a hazardous waste pursuant to California Health and Safety Code Section 25117, including an “extremely hazardous waste” as defined in Health and Safety Code Section 25115.
C. “Flammable material” means any material which constitutes a flammable material pursuant to the currently adopted Uniform Fire Code, which has been adopted by reference, with certain exceptions, by the city. (Ord. 55 § 1, 1987; 1987 Code § 5.24.080)
Article III. Solana Beach Disaster Council
2.28.190 Purposes.
The declared purposes of this article 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. 54 § 1, 1987; 1987 Code § 5.28.010)
2.28.200 Definition.
As used in this article, “emergency” shall mean 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 as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including 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. 54 § 1, 1987; 1987 Code § 5.28.020)
2.28.210 Disaster council membership.
The Solana Beach disaster council is hereby created and shall consist of the following:
A. The mayor, who shall be chairperson;
B. The director of emergency services, who shall be vice chairperson;
C. The assistant director of emergency services;
D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this article;
E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council. (Ord. 54 § 1, 1987; 1987 Code § 5.28.030)
2.28.220 Disaster council powers and duties.
It shall be the duty of the Solana Beach disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans, agreements and such ordinances, 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 absence from the city or inability to call such meeting, upon call of the vice chairman. (Ord. 54 § 1, 1987; 1987 Code § 5.28.040)
2.28.230 Director and assistant director of emergency services.
A. The director is hereby 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 article;
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 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 the Director of the State Office of 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,
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 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, all of the special powers conferred upon him by this article or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him 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 his 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 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. (Ord. 54 § 1, 1987; 1987 Code § 5.28.050)
2.28.240 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 SBMC 2.28.230 (A)(6)(c), 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 of Solana Beach. (Ord. 54 § 1, 1987; 1987 Code § 5.28.070)
2.28.250 Emergency plan.
The Solana Beach disaster council shall be responsible for the development of the city of Solana Beach 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. 54 § 1, 1987; 1987 Code § 5.28.080)
2.28.260 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 of Solana Beach. (Ord. 54 § 1, 1987; 1987 Code § 5.28.090)
2.28.270 Punishment of violations.
It shall be a misdemeanor, punishable by a fine not to exceed $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 regulations issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this article, 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. 54 § 1, 1987; 1987 Code § 5.28.100)