Atwater Municipal Code Ch. 2.44 Emergency Organization

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; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations and affected private persons.

(Prior Code Appx. II, § 1; Ord. CS 829, 9-22-2003)

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 this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but 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 the City, requiring the combined forces of other political subdivision to combat.

(Prior Code Appx. II, § 2; Ord. CS 411, § 5, 1979; Ord. CS 829, 9-22-2003)

The City of Atwater operational area council is created and shall consist of the following:

A. The Mayor, who shall be chair;

B. The director of emergency services, who shall be vice-chair;

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 chapter, and such Chief Administrative Officers or Directors of Emergency Services of all cities and Special Districts within the boundaries of the City of Atwater, as approved by the Mayor of the City of Atwater;

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.

(Prior Code Appx. II, § 3; Ord. CS 829, 9-22-2003)

It shall be the duty of the Atwater Operational Area Council, and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such rules and regulations (ordinances and resolutions) as are necessary to implement the Multi-Hazard Functional Plan and any other such plans and agreements. The Operational Area Council shall meet upon call of the chair, or, in his/her absence from the City or inability to call such meeting, upon call of the vice-chair of the Operational Area Council.

(Prior Code Appx. II, § 4; Ord. CS 829, 9-22-2003)

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

B. There is created the office of the assistant director of emergency services, who shall be the Police Chief and/or the Battalion Chief.

(Prior Code Appx. II, § 5; Ord. CS 829, 9-22-2003; Ord. CS 1074, § 1, 11-10-2025)

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 such proclamation within seven days thereafter, or the proclamation shall have no further force or effect. NOTE: The provisions of Section 8630 of the California Emergency Services Act require that the City Council review, at least every 14 days until a local emergency is terminated, the need for continuing the local emergency, and further require that the City Council terminate the local emergency at the earliest possible date the conditions warrant.

2. Recommend that the Mayor of the City of Atwater 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. Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.

5. Represent the 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, 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 life and property, and to bind the City for the fair market 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 City, or the existence of a "state of war emergency", to command the aid of as many citizens of this community as deemed necessary in the execution of 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 ordinary powers as City Manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her 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 act as Director of Emergency Services to take effect in the event that both director and assistant director are unavailable to attend meetings and otherwise perform the duties of director during an emergency. A clear order of succession shall be set forth sufficient to offer assurance that there will be a successor able to act in the event of a foreseeable disaster. Such order of succession shall be submitted to the City Council and approved by the City Council by motion recorded in the minutes.

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 the City; and shall have such other powers and duties as may be assigned by the director.

(Prior Code Appx. II, § 6; Ord. CS 829, 9-22-2003)

All officers and employees of the 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 pressed into service under the provisions of subsection A.6.c. of Section 2.44.060 of this chapter, being charged with duties incidental to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City.

(Prior Code Appx. II, § 7; Ord. CS 829, 9-22-2003)

The City of Atwater operational area council shall be responsible for the review of the City Multi-Hazard Functional plan, which 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 organizations, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

(Prior Code Appx. II, § 8; Ord. CS 829, 9-22-2003)

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.

(Prior Code Appx. II, § 9; Ord. CS 829, 9-22-2003)

It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, 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 upon him/her by 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 nature as to give or be likely to give assistant 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. CS 829, 9-22-2003)