Alturas Municipal Code Ch. 6 Office of Emergency Services and Disaster Preparedness

Footnotes:

--- (1) ---

Editor's note— Ord. No. 497, § 1, adopted July 9, 2013, repealed the former Ch. 6, §§ 6-1—6-9, and enacted a new Ch. 6 as set out herein. The former Ch. 6 pertained to civil defense and disaster and derived from Ord. No. 251, §§ 1—9.

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 or property within the city caused by such conditions as fire, flood, storm, epidemic, riot, earthquake or other conditions resulting from warlike conditions or the threat of war, or any condition which extends beyond the ability of the services, personnel, equipment and facilities of the city.

(Ord. No. 497, § 1, 7-9-13.)

The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of person and property within the city in the event of a disaster and to provide for the coordination of emergency functions of the city and other public agencies and affected persons. Any expenditure made in connection with such 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. No. 497, § 1, 7-9-13.)

The office of "emergency services and the disaster council" is hereby created and shall consist of the following:

(a) The mayor, who shall be chairman

(b) The director of the office of emergency services, who shall be vice chairman

(c) The assistant director, appointed by the mayor with the advice and consent of the city council, who, under the supervision of the director, shall develop disaster plans and organize the city office of emergency services and the disaster council of the city, and have such other duties as assigned, by the director.

(d) Such deputy directors and chiefs of operating emergency response departments, services or divisions as are provided for by resolution pursuant to this chapter.

(e) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the city council.

(Ord. No. 497, § 1, 7-9-13.)

It shall be the duty of the office of emergency services and the disaster council, and they are hereby 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/her absence, the vice chairman.

(Ord. No. 497, § 1, 7-9-13.)

There is hereby created the office of director of emergency services. Such officer shall be appointed by the mayor with the advice and consent of the city council. His/her duties to include:

(a) To request that the city council proclaim the existence or threatened existence of a "local emergency" and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council within seven days thereafter or the proclamation shall have no further force or effect.

(b) To request that the governor 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 disaster.

(c) To control or direct the effort of the emergency services organization of the city for the accomplishment of the purposes of this chapter.

(d) To direct coordination and cooperation between divisions, services and staff of the emergency organizations of the city, and to resolve questions of authority and responsibility that may arise between them.

(e) To represent the disaster organization of the city in all dealings with the public or private agencies pertaining to emergencies as defined in this chapter.

(Ord. No. 497, § 1, 7-9-13.)

In the event of a 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 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, 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 the life and property of the people, and to bind the city for the fair value thereof, and if required, to immediately commandeer 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 city or a "state of war emergency", to command the aid of the citizens of the community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster services workers.

(d) To requisition necessary personnel or material from any city department or agency.

(e) To execute all of his/her ordinary powers as mayor, of all the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto, adopted by the city council all power conferred upon him/her by any statute, agreement approved by the city council or by any other lawful authority, and in conformity with sections 38791 of the government code of the state, to exercise complete authority over the city and to exercise all police power vested in the city by the State Constitution and general laws.

(Ord. No. 497, § 1, 7-9-13.)

The emergency organization of the city shall constitute all officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organization and persons who may by agreement or operation of law, including persons pressed into service under provisions of section 6-6(c), be charged with duties incident to the protection of life and property in the city during such emergency.

(Ord. No. 497, § 1, 7-9-13.)

The functions and duties of the city office of emergency services shall be distributed among such divisions, services and staff as the city council shall prescribe by resolution.

The city council shall concurrently with the adoption of this chapter, adopt a resolution setting forth the form of the 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 the organization, titles and terminology shall conform to the recommendations of the federal and state government.

(Ord. No. 497, § 1, 7-9-13.)

No person during a disaster shall:

(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 upon him/her by virtue of this chapter.

(b) Do any act forbidden by any lawful rules or regulations 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 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. No. 497, § 1, 7-9-13.)

The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of city resources, both public and private, to meet any condition that constitutes a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, power and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.

(Ord. No. 497, § 1, 7-9-13.)