Calaveras County Municipal Code Ch. 2.72 Emergency Organization and Functions

Footnotes:

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Editor's note— Ord. No. 3102, § 1, adopted October 23, 2018, repealed the former chapter 2.72, §§ 2.72.010—2.72.100, and enacted a new Chapter 2.72 as set out herein. The former Chapter 2.72 pertained to the disaster council and derived from Ord. No. 766, 1975.

State Law reference— For statutory provisions on local disaster councils, see Gov. Code § 8610 et seq.; for provisions on emergency services generally, see Gov. Code § 8550 et seq.

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 county in the event of an emergency and to provide for the coordination of the emergency functions of the county with any incorporated city within the county (currently the City of Angels) and all other affected public agencies, corporations and organizations within the county in compliance with the California Emergency Services Act.

(Ord. No. 3102, § 1, 10-23-2018)

As used in this chapter, "emergency" is defined as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the county caused by such conditions as fire, flood, storm, air pollution, epidemic, riot, earthquake, sudden or severe energy shortage 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 county, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 3102, § 1, 10-23-2018)

The director of emergency services (hereinafter referred to as "director") shall be the Calaveras County sheriff.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

A. The director shall coordinate the efforts of the emergency organization of the county for the accomplishment of the purposes of this chapter in compliance with the California Emergency Services Act.

B. The director is responsible for the coordination of services and staff of the emergency organization of the county and may resolve questions of authority and responsibility that may arise between them.

C. The director shall represent the county in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter.

D. The director 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 or her duties during an emergency. In the absence of the director, the undersheriff shall act as the director of the emergency operations center. In the absence of both the director and the undersheriff, the order of succession, and any subsequent changes thereto, shall be stated in the county emergency operations plan and approved by the board of supervisors.

E. The director is authorized to request that the board of supervisors proclaim the existence of a local emergency. The director may proclaim the existence of a local emergency if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

F. In the event of the proclamation of a state of emergency by the governor or the director of California Office of Emergency Services (Cal OES), the existence of a state of war emergency, or when a local emergency as defined in Section 2.72.020 has been proclaimed to exist, the director is empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; provided, however, the rules and regulations must be confirmed at the earliest practicable time by the board of supervisors.

2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof and, if required immediately, to commandeer them for public use.

3. To require the emergency services of any county officer or employee and, in the event of the proclamation of a state of emergency, to command the aid of as many citizens of the county as he or she deems necessary in execution of his or her duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers.

4. To requisition necessary personnel or material of any county department or agency.

5. To execute all of his or her ordinary power, all of the special powers conferred upon him or her by this statute, by any agreement approved by the board of supervisors, and by any other lawful authority.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

There is created the County of Calaveras Disaster Council.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

Membership on the disaster council shall consist of the following:

A. The county executive officer or designee.

B. The director of emergency services or designee.

C. The Calaveras County Operational Area Fire and Rescue Coordinator or designee. This position is appointed by the Calaveras County Fire Chiefs Association.

D. The city manager for the City of Angels or designee.

F. The director of the health and human services agency or designee.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

The disaster council shall have the power to:

A. Oversee the preparedness activities of the various county departments and other jurisdictions in the Calaveras County Operational Area. This includes preparation of emergency and disaster plans, policies and procedures and ensuring compliance with the National Incident Management System, the Standardized Emergency Management System and the Incident Command System.

B. Approve as to form all proposed emergency operations procedures, plans and other documents related to emergency preparedness and planning and recommend said documents for adoption by the board of supervisors.

C. Administer a disaster service work volunteer program, pursuant to California Code of Regulations, Title 19, Sections 2570 et seq.

D. Ensure coordination, collaboration and communication is effective within the operational area.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

All officers and employees of the county, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who, by agreement or operation of law, including persons impressed into service under the provisions of Section 2.72.060, may be charged with duties incident to the protection of life and property in the county during such emergency, shall constitute the emergency organization of the county.

(Ord. No. 3102, § 1, 10-23-2018)

The director of emergency services, in coordination with the disaster council and other operational area response partners, shall be responsible for the development of the county emergency operations plan. Such plan shall provide for the effective mobilization of all of the resources of this county, 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. Such plan shall take effect upon adoption by resolution of the board of supervisors.

(Ord. No. 3102, § 1, 10-23-2018; Ord. No. 3227, § 5, 3-10-2026)

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 county.

(Ord. No. 3102, § 1, 10-23-2018)

It is 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 a state of war emergency, emergency or local emergency, to:

A. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of the 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 the county 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. 3102, § 1, 10-23-2018)