Blythe Municipal Code Ch. 2.52 Disaster Relief

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 the emergency or disaster conditions referred to in Section 2.52.020, the direction of the disaster organization, and the coordination of the disaster functions of the city with the county of Riverside and with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 441 § 1.1, 1973)

A. As used in this chapter, conditions or degrees of emergency or disaster shall be defined as follows:

1. "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, 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 that political subdivision and require the combined forces of other political subdivisions to combat.

2. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

3. "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever the state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

B. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act.

(Ord. 441 §§ 2.1, 2.2, 1973)

There is created the office of disaster preparedness, which shall consist of such positions as may be established by the city council.

(Ord. 441 § 6.1, 1973)

The disaster corps consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, or organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the personnel mentioned in this section, for the support of said personnel in the conduct of disaster operations.

(Ord. 441 § 3.1, 1973)

The disaster corps shall be activated, and shall function as a disaster relief body, only upon:

A. The existence of a state of war emergency;

B. The declaration of the Governor of the state, or of persons authorized to act in his stead, of a state of emergency affecting and including the city;

C. The declaration of a local emergency by the board of supervisors of Riverside County, or by persons authorized to act in its stead, affecting and including the city; or

D. Upon the declaration of a local emergency by the city council, or by persons authorized in this chapter to act in its stead.

(Ord. 441 § 3.2, 1973)

A. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the city.

B. The officers of the city shall have the authority and duty to plan for the mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the city, and to conduct the activities thereof.

(Ord. 441 § 3.3, 1973)

During the existence of a state of war emergency, or of a proclaimed state of emergency or local emergency affecting the city, each member of the city disaster corps shall have authority to require that all persons follow reasonable orders given by him within the scope of his functions in order to execute the disaster operations plan of the city, and the willful failure of any person to follow such reasonable order or orders shall be a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

(Ord. 441 § 9.1, 1973)

The disaster council consists of the following persons:

A. The mayor, who shall be its chairman, and shall also be a member of the Riverside City disaster council;

B. The chief of police;

C. The city attorney;

D. The fire chief;

E. The public works director;

F. A medical doctor, to be nominated by the Palo Verde Valley branch of the Riverside County Medical Association and appointed by the city council;

G. One member to be nominated by the Palo Verde branch of the American National Red Cross and appointed by the city council;

H. Such additional residents of the city as the city council may appoint to be "member at large";

I. The assistant disaster director, who shall be the secretary, but without vote.

(Ord. 441 § 4.1, 1973)

The disaster council shall have power to:

A. Elect a vice-chairman and such other officers as it deems necessary;

B. Enact its own rules of procedure;

C. Review and recommend for adoption to the city council disaster and mutual aid plans and agreements, and such ordinances and resolutions, rules and regulations as it deems necessary to implement such plans and agreements.

(Ord. 441 § 4.2, 1973)

The disaster council shall meet upon call of the chairman or, in his absence or inability to call such a meeting, upon call of the vice-chairman, not less frequently than biennially.

(Ord. 441 § 4.3, 1973)

The mayor shall be the disaster director.

(Ord. 441 § 5.1, 1973)

A. The disaster director shall have the following powers and duties:

1. To make key appointments, subject to the approval of the city council, with the disaster corps;

2. To request the city council to proclaim the existence of a local emergency, if the council is in session, or to issue such proclamation if the 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.

3. During the existence of a state of war emergency, or the proclaimed existence of a state of emergency or a local emergency affecting the city, to:

a. Control and direct the activities of the city disaster corps,

b. Use all city resources for the preservation of life and property and to reduce the effects of disaster,

c. Resolve questions of authority and responsibility that may arise in disaster operations,

d. Obtain vital supplies, equipment and other resources needed for the preservation of life and property either by binding the city for the fair value thereof or by commandeering same,

e. Delegate to elected and appointed officials of the city such duties and authorities as he deems necessary,

f. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any conditions proclaimed as provided in this chapter,

g. Require emergency services of any city officer or employee and to command the aid of as many citizens of the city as he thinks necessary in the execution of his duties,

h. Exercise complete authority over the city and exercise all police power vested in the city by the Constitution and general laws;

B. In addition to the powers granted in this section, the director shall have such powers incidental to the performance of his duties as director as shall be necessary to allow him to carry out the disaster operations plan of the city, it being the intent of this chapter that the powers enumerated in this section are not intended to be limitations upon his powers.

(Ord. 441 § 5.3, 1973)

In the absence, or inability to act, of the mayor, he shall automatically be succeeded as disaster director by the following officials, in the order named:

A. Vice-mayor;

B. Remaining city councilmen in the order of their seniority, as members of said council;

C. Chief of police;

D. Public works director;

E. Street superintendent.

(Ord. 441 § 5.2, 1973)

There is established the position of assistant disaster director which position shall be filled by appointment by the city council.

(Ord. 441 § 7.1, 1973)

The assistant disaster director, prior to the existence of a state of war emergency, state of emergency or local emergency, shall:

A. Develop and coordinate basic disaster planning for the city to provide for the use of all government entities, resources and equipment; all commercial and industrial resources, and all such special groups, bodies and organizations as may be needed to support disaster operations;

B. Develop and coordinate such disaster training programs and exercises as may be needed;

C. Develop and coordinate a public information program designed for basic self-protection;

D. Coordinate planning and training with the Riverside County office of disaster preparedness and with other federal, state, county and city disaster or emergency agencies, and with appropriate elements of the armed forces;

E. Recommend to the disaster director for referral to the disaster council matters for consideration with the purview of said council's responsibilities; and

F. Recommend to the disaster director matters of policy for consideration by the city council insofar as they relate to disaster.

(Ord. 441 § 7.2, 1973)

During a state of war emergency, state of emergency or local emergency affecting the city, the assistant disaster director shall:

A. Serve as executive officer to the director; and

B. Provide for the mobilization and deployment of all personnel and material resources as directed by said commander; and

C. Perform such duties as may be assigned by the director.

(Ord. 441 § 7.3, 1973)

The line of succession for key personnel of the government of the city shall be:

A. For the Mayor. Vice-mayor followed by the remaining city councilmen, in the order of their seniority, excluding standby successors;

B. For City Councilmen. Pursuant to Section 8638 of the Government Code, the city council shall appoint three standby successors for each member of the council;

C. For Other Elected Officials. In order of descending authority among existing subordinates, and thereafter as provided by the city council.

(Ord. 441 § 10.1, 1973)

Each person who succeeds to each position or office as provided in this chapter, and as provided in the disaster operations plan of the city shall succeed to all the powers and duties of the office succeeded to immediately upon such successions.

(Ord. 441 § 8.1, 1973)

Two emergency operations centers shall be maintained within the city. One of these shall be located at the city hall, with the police station designed as the alternate emergency operations center.

(Ord. 441 § 10.2, 1973)

It is a misdemeanor, and is punishable as provided in Chapter 1.24, for any person during a disaster to:

A. Wilfully obstruct, hinder or delay any member of the disaster corps in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter;

B. Do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter, if such rule, regulation or order is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property;

C. Wear, carry or display, without authority, any means of identification specified by the civil defense and/or disaster agencies of the federal or state governments.

(Ord. 441 § 11.1, 1973)