Banning Municipal Code Ch. 2.48 Disaster Operations and Relief

The purpose of this chapter is 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, including the direction of the emergency organization and the coordination of the emergency functions of this city, with all other public agencies, corporations, organizations and affected private persons.

(Ord. No. 1378, § 1 (part).)

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, storms, epidemic, riot, earthquake, or other conditions, including conditions resulting from a labor controversy, which conditions are or 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.

(Ord. No. 1378, § 1 (part).)

A nonemergency committee, to be known as the City of Banning disaster council, is created.

It shall be the duty of the City of Banning disaster council, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements.

The disaster council shall meet upon call of the chairperson or, in his or her absence from the city or inability to call such meeting, upon call of the vice-chairperson or his designee. All meetings of the disaster council shall be held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Sections 54950 et seq.

(Ord. No. 1378, § 1 (part).)

Hereby created are the office of director of emergency services, who shall be the city manager; the office of assistant director of emergency services, who shall be the first alternate city manager as designated in the latest city manager's "letter of authority"; and the office of emergency services coordinator, who shall be appointed by the city manager.

(Ord. No. 1378, § 1 (part).)

The membership of the disaster council shall include:

A. The mayor, who shall be chairperson;

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

C. The assistant director of emergency services;

D. Chief of police;

E. Human resource director;

F. Public works director;

G. Finance director;

H. Electric utility director;

I. Water/wastewater utility director;

J. Community development director;

K. Parks and recreation director;

L. Emergency services coordinator;

M. One member from the superintendent's office of the Banning unified school district; and

N. Such additional citizens of this city, as the city council may appoint to be "members at large."

(Ord. No. 1378, § 1 (part).)

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;

2. Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, 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 this 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," or 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 affected by such emergency; provided, however, such rules and regulations shall be ratified at the earliest practicable time by the city council,

b. To obtain vital supplies, equipment, and such other necessities 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 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, and

e. To execute all of his ordinary power as city manager, conferred upon him by the Banning ordinance code or by resolution or emergency plan adopted pursuant to this chapter by the city council, all powers conferred upon him by a statute, by any agreement approved by the city council and by any other lawful authority.

B. The following order of succession shall take effect in the event the director of emergency services is unavailable to attend meetings and otherwise perform his duties during an emergency:

1. Assistant director of emergency services;

2. The department director named as second alternate city manager in the latest city manager's "letter of authority";

3. Chief of police.

C. The assistant director of emergency services shall have such other powers and duties as may be assigned by the director.

D. The emergency services coordinator shall, under the supervision of the director of emergency services, 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. No. 1378, § 1 (part).)

A. To provide for the continuance of legislative and executive functions in the city during a state of war emergency, a state of emergency or a local emergency the city council shall appoint three standby officers for each of its members. In case a standby office becomes vacant because of removal, death, resignation, or other cause, the city council shall appoint another person to fill said office. Standby officers shall be designated Nos. 1, 2, and 3 as the case may be.

B. The qualifications of each standby officer should be carefully investigated, and the city council may request the chief of police to aid in the investigation of any prospective appointee. No examination or investigation shall be made without the consent of the prospective appointee.

C. Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a city other than the City of Banning.

D. Each standby officer shall take the oath of office required of the person occupying the office for which he or she stands by. Persons appointed as standby officers shall serve in their posts as standby officers at the pleasure of the city council and may be removed and replaced at any time with or without cause.

E. Each standby officer shall have the following duties:

1. To inform himself or herself of the duties of the office for which he or she stands by. Employees of the city shall assist him or her and shall provide each standby officer with a copy of this chapter.

2. To keep informed of the business and affairs of the city to the extent necessary to enable him or her to fill his or her post competently. For this purpose, the city may arrange information meetings and require attendance.

3. To immediately report himself or herself ready for duty in the event of a state of war emergency or in the event of a state of emergency or a local emergency at the place and in the method previously designated in the city's emergency plan.

4. To fill the post for which he or she has been appointed when the regular council member is unavailable during a state of war emergency. Standby officer No. 2 and 3 shall substitute in succession for standby officer No. 1 in the same way that said standby officer is substituted in place of the regular council member. He or she shall serve until the regular council member becomes available or until the election or appointment of a new regular council member.

F. Should all members of the city council, including all standby members be unavailable, temporary officers shall be appointed to serve until a regular member or a standby member becomes available or until election or appointment of a new regular or standby member. Temporary officers shall be appointed as follows:

1. By the chairperson of the board of supervisors of Riverside County, and if he or she is unavailable.

2. By the chairperson of the board of supervisors of any other county within one hundred fifty miles of the city, beginning with the nearest and most populated county and going to the farthest and least populated, and if he or she is unavailable.

3. By the mayor of any city within one hundred fifty miles of the city, beginning with the nearest and most populated city and going to the farthest and least populated.

G. As used in this chapter, "unavailable" means that a council member is either killed, missing or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. Any question as to whether a particular member is unavailable shall be settled by the city council or any remaining available members of said body (including standby officers who are on the city council).

H. The office of mayor shall be filled by the normally elected mayor pro tempore should the mayor be unavailable. Should both the mayor and mayor pro tempore be unavailable, the mayor shall be selected by the city council from among the ranks of remaining elected council members. Standby officers serving on the city council shall participate in the selection of a mayor.

The selected person shall serve until the elected mayor becomes available or until the election of a new mayor.

(Ord. No. 1378, § 1 (part).)

The emergency management organization shall consist of the following:

A. City manager/acting city manager;

B. Emergency services coordinator/acting emergency services coordinator;

C. Chief of police/acting chief of police;

D. Human resource director/acting human resource director;

E. Public works director/acting public works director;

F. Finance director/acting finance director;

G. Electric utility director/acting electric utility director;

H. Water/wastewater utility director/acting water/wastewater utility director;

I. Community development director/acting community development director;

J. Parks and recreation director/acting parks and recreation director.

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 impressed into service under provisions of this chapter, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city.

(Ord. No. 1378, § 1 (part).)

The City of Banning disaster council shall be responsible for the development of the city's emergency plan, which shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any conditions 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. Such plan shall take effect upon adoption by resolution of the city council.

(Ord. No. 1378, § 1 (part).)

It is designated that, in the event of an emergency, the city building located at 3900 W. Wilson Street shall be designated as the primary emergency operations center (EOC) for the city.

Should that building be deemed unsafe to occupy, then the alternate EOC will be the city building at 176 E. Lincoln Street. The building at 176 E. Lincoln Street is also designated as a department operations center (DOC), to be utilized to help control city activities in conjunction with the EOC.

(Ord. No. 1378, § 1 (part).)

Any expenditure 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.

(Ord. No. 1378, § 1 (part).)

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand 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 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.

(Ord. No. 1378, § 1 (part).)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such action shall not affect other provisions of this chapter or applications, and to this end the provisions of this chapter are declared to be severable.

(Ord. No. 1378, § 1 (part).)