Barstow Municipal Code Ch. 2.16 Disaster Council

Footnotes:

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State Law reference— Authority of city to establish local disaster council, Government Code § 8610 et seq.; authority of local government regarding local emergency, Government Code § 8630 et seq.; emergency powers of local agency, Government Code § 53019 et seq.

As used in this chapter, the term "emergency" or "local 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, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an 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, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the state public utilities commission.

(Code 1969, § 2.16.010; Ord. No. 442, § 3(part), 1978)

The city disaster council is created and shall consist of the following:

(1) The mayor, who shall be chairperson.

(2) The director of emergency services, who shall be vice-chairperson.

(3) The assistant director of emergency services.

(4) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.

(5) Such representatives of civic, business, labor, veteran's, 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.

(Code 1969, § 2.16.020; Ord. No. 442, § 3(part), 1978)

It shall be the duty of the city 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 and resolutions and 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 absence from the city or inability to call such meeting, upon call of the vice-chairperson.

(Code 1969, § 2.16.030; Ord. No. 442, § 3(part), 1978)

(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 assistant director of emergency services, who shall be appointed by the director.

(Code 1969, § 2.16.040; Ord. No. 442, § 3(part), 1978)

(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 the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2) 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 this 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 this city in all dealings with public or private agencies on matters pertaining to emergencies, as defined herein.

(b) 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 empowered to:

(1) 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;

(2) 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;

(3) Require emergency services of any city officer or employee and, in the event of the proclamation of a 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. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(4) Requisition necessary personnel or material of any city department or agency; and

(5) Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan adopted pursuant to this chapter 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.

(c) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council.

(d) 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 this city; and shall have such other powers and duties as may be assigned by the director.

(Code 1969, § 2.16.050; Ord. No. 442, § 3(part), 1978)

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 section 2.16.050, 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.

(Code 1969, § 2.16.060; Ord. No. 442, § 3(part), 1978)

The city 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.

(Code 1969, § 2.16.070; Ord. No. 442, § 3(part), 1978)

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.

(Code 1969, § 2.16.080; Ord. No. 442, § 3(part), 1978)

(a) Upon proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster declared by the President of the United States or the governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster by the executive officer of the city, and for a period of 30 days following that declaration, it shall be unlawful for any person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies or medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for an amount that exceeds ten percent of the price charged by such person immediately prior to the proclamation or emergency; provided, however, that this prohibition shall not apply upon demonstration that the increase in price was directly attributable to additional costs imposed by the supplier of the goods or additional costs of providing the good or service during the state of emergency, the price represents no more than ten percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(b) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, or storm declared by the President of the United States or the governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, or storm by the executive officer of the city, and for a period of 180 days following that declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than ten percent above the price charged by that person for those services immediately prior to the proclamation of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service during the state of emergency, the price represents no more than ten percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(c) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster declared by the President of the United States or the governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster by the executive officer of the city, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel's regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than ten percent. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.

(d) The provisions of this section may be extended for additional 30-day periods by the city council, if deemed necessary to protect the lives, property, or welfare of the citizens.

(e) The definitions set forth in Penal Code § 396 (Emergencies and major disasters; unfair advantage of consumers; price controls; definitions), as amended, shall be effective as definitions of the words, terms and phrases used in this section. All words, terms and phrases used herein, other than those specifically defined elsewhere in this section, shall have the respective meanings ascribed to them in Penal Code § 396, as amended, and shall have the same scope and effect that the same words, terms and phrases have where used in Penal Code § 396, as amended.

(Code 1969, § 2.16.085; Ord. No. 764, § 5(part), 2000)

State Law reference— Prohibition against price gouging during an emergency, Penal Code § 396.

It is a misdemeanor for any person, during an emergency, to:

(1) 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 by virtue of this chapter.

(2) 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.

(3) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.

(Code 1969, § 2.16.090; Ord. No. 442, § 3(part), 1978)

Each person responsible for an emergency shall be jointly and severally liable for the city's emergency response costs; provided, however, that if any such person is a minor, then the parents or legal guardians of such minor shall be jointly and severally liable in the minor's place. As used herein, the term "emergency response costs" means the actual costs incurred by the city in responding to an emergency. The city manager shall have the authority to collect the emergency response costs from liable parties through any available legal remedy.

(Code 1969, § 2.10.100; Ord. No. 764, § 5(part), 2000)