Chapter 2.28 — EMERGENCY SERVICES/CITIZEN CORPS COUNCIL

Note— Prior code history: prior code § 2409-2417.

The Campbell Emergency Services Council/Citizen Corps Council is created and shall consist of the following:

(1)

The Mayor, or his or her City Council designee, who shall be Chairman;

(2)

The Director of Emergency Services (City Manager);

(3)

The City's Emergency Manager, who shall be Vice chairman;

(4)

Such chiefs of emergency services (public safety department heads) as are provided for in a current emergency plan of this City, adopted pursuant to this chapter;

(5)

Such representatives of special districts, civic organizations, local businesses, community based organizations, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council.

(Ord. 2030 § 2, 2003: Ord. 809 (part), 1971).

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, property, and the environment within this City in the event of an emergency; 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. 2030 § 3, 2003: Ord. 809 (part), 1971).

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, property and the environment within this City caused by, but not limited to, earthquakes, natural, technological, or manmade disasters, 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.

(Ord. 2030 § 4, 2003: Ord. 809 (part), 1971).

It shall be the duty of the Campbell Emergency Services/Citizen Corps Council and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements based on the Standardized Emergency Management System (SEMS) as defined in the California Code of Regulations, Title 19, Division 2, Sections 2400-2450.

The Emergency Services/Citizen Corps Council will also provide guidance to develop disaster exercises and community action plans, support citizen participation, assist with threat assessments, identify local resources and facilitate multi-agency/inter-agency coordination within its membership and other local governments and special districts.

The Emergency Services/Citizen Corps Council shall provide oversight for engaging citizens in homeland security, emergency planning and response and promoting community preparedness and family safety in three principal ways; through public education and outreach; through training opportunities; and, through volunteer programs that draw on special skills and interests.

Citizen Corps Programs overseen by the Emergency Services/Citizen Corps Council may include one or more of five program components administered by federal agencies: Community Emergency Response Team (CERT); Neighborhood Watch Program; Medical Reserve Corps (MRC); Volunteers in Police Service (VIPS); and Operation TIPS (Terrorist Information and Prevention System).

These volunteer efforts will be integrated into a strategic, comprehensive approach that will more effectively utilize the time, talents and interests of volunteers in support of first responders and overall community preparedness.

The Emergency Services/Citizen Corps Council shall meet upon call of the chairman or, in his or her absence from the City or inability to call such meeting, upon call of the vice chairman.

(Ord. 2030 § 5, 2003: Ord. 809 (part), 1971).

(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 Acting Director of Emergency Services, who shall be appointed by the Director in his or her absence, or assumes office during a disaster pursuant to the City's emergency plan.

(c)

There is created the Office of Emergency Manager, who is a Police Department Captain, appointed to the position by the Chief of Police and approved by the Director.

(Ord. 2030 § 6, 2003: Ord. 809 (part), 1971).

(a)

The Director, and in his or her absence, the Acting 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 in Section 2.28.030.

(6)

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:

(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 appointed 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;

(D)

To requisition necessary personnel or material of any City department or agency; and

(E)

To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto 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.

(b)

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.

(c)

The Emergency Manager 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.

(Ord. 2030 § 7, 2003: Ord. 809 (part), 1971).

All appointed officers and employees of this City, together with the citizens corps, and other 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 2.28.060(a)(6)(C), 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.

(Ord. 2030 § 8, 2003: Ord. 809 (part), 1971).

The Campbell Emergency Services/Citizen Corps 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. Such plan shall take effect upon adoption by resolution of the City Council.

(Ord. 2030 § 9, 2003: Ord. 809 (part), 1971).

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.

(Ord. 809 (part), 1971).

It shall be a misdemeanor, punishable as provided in Section 1.04.010, for any person, during an emergency, to:

(a)

Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to the ordinance codified herein, 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 the ordinance codified herein, 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. 809 (part), 1971).

The ordinance codified herein repeals all previous conflicting ordinances and resolutions pertaining to civil defense or disaster.

(Ord. 809 (part), 1971).

The ordinance codified herein shall become effective from and after December 8, 1971.

(Ord. 809 (part), 1971).

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

(Ord. 809 (part), 1971).