Bakersfield Municipal Code Ch. 2.40 Emergency Services

Sections: 2.40.010 Purposes of chapter—Expenditures. 2.40.020 Emergency defined. 2.40.030 Disaster council—Created—Membership. 2.40.040 Disaster council—Powers and duties. 2.40.050 Director and assistant director of emergency services—Powers and duties. 2.40.060 Powers of director during any emergency.

2.40.070 Emergency organization—Constitution. 2.40.080 Emergency plan. 2.40.090 Unlawful acts—Penalty.

A. The declared purposes of this chapter are:

1. 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;

2. The direction of the emergency organization; and

3. The coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.

B. Any expenditures made in connection with such emergency services shall be conclusively deemed to be for the direct benefit and protection of the inhabitants of the city. (Prior code § 1.80.010)

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 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 this city, requiring the combined forces of other political subdivisions to combat. (Prior code § 1.80.020)

The Bakersfield 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, who shall be vice-chairperson during the absence or disability of the director;

D. Such chiefs and deputy directors of emergency services 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 group or organization emergency services responsibility as may be appointed by the mayor with the advice and consent of the city council. (Prior code § 1.80.030)

A. It shall be the duty of the Bakersfield disaster council, and it is empowered to review, 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.

B. 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-chairperson. (Prior code § 1.80.040)

and duties.

A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. There is also created the office of assistant director of emergency services. The fire chief shall be the assistant director of emergency services and the chief of police and the director of public works shall serve as deputy directors of emergency services. The assistant director shall perform the duties and responsibilities of the director during the absence or disability of the director and shall perform such other duties and responsibilities as may be ordered by the director.

B. The director is empowered:

1. To request the city council to 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 ratification by the city council at the earliest practicable time;

2. To ask and/or advise the mayor to request the governor to proclaim a state of emergency when in the opinion of the director, the locally available resources are inadequate to cope the emergency;

3. To control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;

4. To direct cooperation between and coordination of services and staff of the emergency organization of this city, and to resolve questions of authority and responsibility that may arise between them;

5. To represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2.40.020. (Ord. 4556 § 1, 2009; prior code § 1.80.050)

In the event of the proclamation of a local emergency as provided in this chapter, 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, 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 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;

E. To execute all of his ordinary power as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant to this chapter 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. (Prior code § 1.80.060)

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 Sections 2.40.050 and 2.40.060, 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. (Prior code § 1.80.070)

A. The Bakersfield 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.

B. Such emergency plan shall take effect upon adoption by resolution of the city council. (Prior code § 1.80.080)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, 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 regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or 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 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. (Prior code § 1.80.090)