Anaheim Municipal Code Ch. 6.04 Emergency Plan and Services

Sections:

* Emergency powers — See California Government Code §§ 53020 — 53023.

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 establishment of an emergency organization; and the coordination of the emergency functions of the City with all other public agencies and affected private persons, corporations and organizations. (Ord. 3771 § 2 (part); September 27, 1977.)

.010 Emergency. As used in this chapter, the term “emergency” or “local emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons or property within the City resulting from air pollution, fire, flood, storm, epidemic, riot, earthquake, actual or threatened enemy attack, actual or threatened acts of terrorism, sabotage, war or imminent threat of war, or other public calamity, except any condition resulting from a labor controversy, which conditions are or are likely to be beyond the effective control of the services, personnel, equipment and facilities of the City and which require the combining of forces with other communities or political jurisdictions to combat effectively. (Ord. 3771 § 2 (part); September 27, 1977: Ord. 5812 § 1; June 11, 2002.)

The Anaheim Disaster Council is hereby created and shall consist of the following:

.010 The City Manager, who shall be chairman;

.020 The Emergency Services Coordinator, who shall be vice-chairman;

.030 The City Attorney or his representative;

.040 Such chiefs of emergency services as are provided for in a current emergency plan of the City adopted pursuant to this chapter; and

.050 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 approval of the City Council. (Ord. 3771 § 2 (part); September 27, 1977.)

It shall be the duty of the Anaheim Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans, agreements, ordinances, resolutions, 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. 3771 § 2 (part); September 27, 1977.)

.010 There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

.020 There is hereby created the office of Assistant Director of Emergency Services, who shall be the Emergency Services Coordinator. (Ord. 3771 § 2 (part); September 27, 1977.)

.010 The Director of Emergency Services is hereby empowered to:

.0101 Request the City Council to proclaim the existence or threatened existence of a local emergency, or termination thereof, 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 must ratify said proclamation within seven days thereafter or said proclamation shall have no further force or effect;

.0102 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;

.0103 Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter;

.0104 Direct cooperation between, and coordination of, services and staff of the emergency organization of the City, and to resolve questions of authority and responsibility that may arise between or among them;

.0105 Represent the City in all dealings with public or private agencies on matters pertaining to any emergency.

.020 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:

.0201 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;

.0202 To obtain vital supplies, equipment, and such other properties found lacking and needed for 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;

.0203 To require emergency services of any City officer or employee and, in the event of the proclamation of a local emergency or 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;

.0204 To requisition necessary personnel or material of any City department or agency; and

.0205 To execute all of his ordinary powers and duties as City Manager, all of the special powers and duties conferred upon him by this chapter and by the emergency plan adopted pursuant hereto, and all powers and duties conferred upon him by any statute, agreement, or other lawful authority.

.030 The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable or unable to perform his duties during an emergency.

.040 The Assistant Director of Emergency Services shall, under the supervision of the Director and with the assistance of emergency service personnel, 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. 3771 § 2 (part); September 27, 1977.)

All officers and employees of this City, together with all groups, organizations, volunteers and persons who may by agreement or operation of law be charged with duties incident to the protection of life and property in this City during such emergency, including persons commanded into service pursuant to Section 6.04.060.0203 hereof, shall constitute the emergency organization of the City of Anaheim. (Ord. 3771 § 2 (part); September 27, 1977.)

The Anaheim Disaster Council shall be responsible for development of the City of Anaheim 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, duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 3771 § 2 (part); September 27, 1977.)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be conclusively deemed to be for the public health, safety, welfare, protection and benefit of the inhabitants and property within the City of Anaheim. (Ord. 3771 § 2 (part); September 27, 1977.)

It shall be a misdemeanor, punishable in the manner provided in Section 1.01.370, for any person, during an emergency, to:

.010 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 by virtue of this chapter;

.020 Do any act forbidden by a 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;

.030 Wear, carry, or display, without authority, any actual, simulated or counterfeit form of identification specified or purporting to be issued by any emergency or disaster agency, any public or private humanitarian or assistance agency, any media or news agency, or by any branch of the federal, state, regional, county or local governmental agency, or by any branch thereof. (Ord. 3771 § 2 (part); September 27, 1977: Ord. 5618 § 10; October 21, 1997: Ord. 5812 § 2; June 11, 2002.)