Chapter 2.118 — CIVIL DEFENSE

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this county in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of the county with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with civil defense and disaster activities, including mutual aid activities, are conclusively for the direct protection and benefit of the inhabitants and property of the county.

(Prior admin. code § 6-1.01)

"Civil defense" means the preparation for the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster. It shall not include any conditions relating to a labor controversy.

(Prior admin. code § 6-1.02)

Three conditions or degrees of emergency are established by this chapter:

A.

"State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

B.

"State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.

C.

"Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions, 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 that political subdivision and require the combined forces of other political subdivisions to combat.

(Prior admin. code § 6-1.03)

Those persons employed solely for the purpose of administering the civil defense program for Alameda County shall comprise the civil defense staff.

(Prior admin. code § 6-1.04)

The civil defense office shall be an administrative division of the sheriff's department, established to administer the day-by-day activities of the Alameda County civil defense council. The office of emergency services and/or disaster control shall mean civil defense.

(Prior admin. code § 6-1.05)

• 2.118.060 - Council membership.

There is a county civil defense and disaster council, which consists of:

A.

The president of the board of supervisors, who shall be chairperson;

B.

The director of civil defense and disaster, who shall be vice-chairperson;

C.

The assistant director of civil defense;

D.

Deputy directors and chiefs of operating civil defense and disaster department services or divisions established by resolution of the board of supervisors;

E.

Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the board of supervisors;

F.

The county administrator, or whoever he may appoint to act for him.

(Prior admin. code § 6-2.01)

The county civil defense and disaster council shall review and recommend for adoption by the board of supervisors, civil defense and disaster and mutual aid plans, agreements and such ordinances and resolutions, rules and regulations necessary to implement the plans and agreements.

(Prior admin. code § 6-2.02)

The civil defense and disaster council shall meet upon call of the chairperson, or, in his/her absence from the county of inability to call such meeting, upon the call of the vice-chairperson.

(Prior admin. code § 6-2.03)

All officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who, by agreement or operation of law, including persons commandeered under Section 2.118.120 of this chapter, may be charged with duties incident to the protection of life and property in this county during a disaster, constitute the civil defense and disaster organization of the county.

(Prior admin. code § 6-3.01)

The sheriff of the county is director of civil defense and disaster:

A.

During the absence, inability to act or at the direction of the sheriff to act as director, the assistant director shall act in his stead. In addition to his duties as assistant director, he shall perform all duties of the director and have the same degree of responsibility for his actions and enjoy the same immunities as the director;

B.

During the absence, inability or at the direction of the sheriff or assistant director of civil defense to act, the specialized services captain of the civil defense office shall act in their stead. Whoever fills the office of director will have the same immunities as the director of civil defense.

(Prior admin. code § 6-3.02)

The director shall:

A.

Request the board of supervisors to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the board of supervisors is in session. If the board of supervisors is not in session, the director shall issue the local emergency proclamation, subject to confirmation by the board of supervisors at the earliest practicable time;

B.

Notify the president of the board of supervisors to request the Governor to proclaim a state of emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the local emergency;

C.

Control and direct the effort of the civil defense and local emergency organization of this county for the accomplishment of the purposes of this chapter;

D.

Direct coordination and cooperation between divisions, services and staff of the civil defense and local emergency organization of this county, and resolve questions of authority and responsibility that may arise between them;

E.

Represent the civil defense and local emergency organization of this county in all dealings with public or private agencies pertaining to civil defense and local emergency.

(Prior admin. code § 6-3.03)

In the event of the proclamation of a state of war emergency, state of emergency, or local emergency as herein provided, or the proclamation of a state of emergency or a state of war emergency by the Governor or the director of the office of emergency services, the director is hereby empowered to:

A.

Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the disaster; the rules and regulations shall be submitted to the board of supervisors for confirmation;

B.

Obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the vital supplies, equipment and other properties for public use;

C.

Require emergency services of any county officer or employee and, in the event of the proclamation of a state of war emergency or a state of emergency by the Governor in the region in which this county is located, to command the aid of as many citizens of this community as he thinks 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 civil defense and disaster service volunteer;

D.

Requisition necessary personnel or material of any county department or agency;

E.

Execute all of the special powers conferred upon him by this chapter or by resolutions adopted pursuant to this chapter, all powers conferred upon him by any other lawful authority; exercise complete authority over the county and, in conformity with the Constitution and general laws of the state, exercise all police power vested in the county.

(Prior admin. code § 6-3.04)

The assistant director of civil defense shall be appointed by the sheriff. The director, if appointed from the ranks of the sheriff's department, shall, in addition to his civil defense responsibilities, retain his stature as a deputy sheriff of this county and shall perform all duties required of him as a peace officer of the state.

(Prior admin. code § 6-3.05)

The assistant director shall:

A.

Under the supervision of the director develop civil defense plans and organize the civil defense and disaster programs of this county, and shall have other duties as assigned by the director and as hereinafter provided;

B.

Under the director, supervise and administer the operations of the civil defense staff;

C.

Under the director, supervise and administer the operation of the civil defense office;

D.

Perform the duties of the director as provided in this chapter.

(Prior admin. code § 6-3.06)

The civil defense staff shall be composed of necessary deputy directors (coordinators), clerical and other staff as provided by county ordinance, and shall perform such duties as assigned to them by the assistant director of civil defense. All positions of the civil defense staff shall be in the classified service, and shall be filled pursuant to rules and regulations of the county civil service com-mission. Deputy directors (coordinators) appointed from the ranks of the sheriff's department shall, in addition to their duties in civil defense, retain their status of deputy sheriffs of this county and shall perform the duties of a peace officer of the state.

(Prior admin. code § 6-3.07)

The functions and duties of the Alameda County civil defense and disaster organization shall be distributed among the divisions, services and special staff prescribed by resolution of the board of supervisors.

The board of supervisors, concurrently with the adoption of this chapter, adopted Resolution No. 59379, which resolution is incorporated herein by reference, setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology conform to the recommendations of the civil defense and disaster agencies of the federal government and the state.

(Prior admin. code § 6-3.08)

Every person who wilfully obstructs, hinders or delays, any member of the civil defense and disaster 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 this chapter, is guilty of a misdemeanor.

(Prior admin. code § 6-4.01)

Every person who does any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the 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 county, or to prevent, hinder or delay the defense or protection of lives or property, is guilty of a misdemeanor.

(Prior admin. code § 6-4.02)

A.

Every person who wears, carries or displays, without authority, any means of identification specified by any civil defense and disaster agency of the state is guilty of a misdemeanor.

B.

Every person who having been a member of a civil defense unit fails to return any equipment, identification or other property within thirty (30) days after having been given written notice to do so is guilty of a misdemeanor.

C.

Every person who has been given written notice to return equipment, identification or other property within thirty (30) days, and who displays or represents himself to still be a member of civil defense in any capacity shall be in violation of this section.

(Prior admin. code § 6-4.03)

It is 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 to commit any of the acts enumerated in this chapter.

(Prior admin. code § 6-4.04)