Carpinteria Municipal Code Ch. 2.40 Civil Defense

Footnotes:

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For statutory provisions authorizing the creation of local disaster councils, see Gov. Code § 8607 and 8610 et seq. Prior code history: Prior code §§ 3500—3509.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, property and environment within this city in the event of an emergency, and provide for the coordination of the emergency services functions of this city with all other public agencies, corporations, organizations and affected private persons.

(Ord. 602 [§ 1] (part), 2004)

A. Emergency. 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, storm, epidemic, riot or 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.

B. Emergency Services. As used in this chapter, the term "emergency services" means preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

C. Disaster. As used in this chapter, the term "disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, civil unrest, earthquake or other similar public calamity.

(Ord. 602 [§ 1] (part), 2004)

The Carpinteria emergency services council is created and shall consist of the following:

A. The city manager, who serves as director of emergency services, shall be chairman;

B. The assistant, who is responsible for the development and maintenance of emergency plans, organization and coordination of emergency programs and training to include volunteers, and such other duties as may be assigned by the director. He shall be vice-chairman;

C. A representative from fire, law enforcement, public works and such representatives of departments, services, or division as are designated by the director of emergency services;

D. Such representatives of civic, business, labor, veterans, 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.

(Ord. 602 [§ 1] (part), 2004)

It shall be the duty of the Carpinteria emergency services council, and it is empowered, to develop and recommend for adoption by the city council, emergency preparedness and mutual aid plans and agreements and such ordinances, resolutions and rules and regulations as are necessary to implement such plans and agreements. The emergency services council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman.

(Ord. 602 [§ 1] (part), 2004)

The Carpinteria emergency services council shall be responsible for the development of the city emergency plan, which 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, 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. The emergency plan will be in accordance with the California Emergency Services Act (CA Gov. Code §§ 8607 and 8610).

(Ord. 602 [§ 1] (part), 2004)

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/her duties during an emergency. Such order of succession shall be approved by the city council.

(Ord. 602 [§ 1] (part), 2004)

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.

(Ord. 602 [§ 1] (part), 2004)

The director is empowered to:

A. 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 (7) days thereafter or the proclamation shall have no further force or effect;

B. Request the Governor to proclaim a "state of emergency" or "Governor's concurrence" through the county operational area when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

C. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;

D. Direct coordination and cooperation between divisions, services, and staff of the emergency services organization of this city, and resolve questions of authority and responsibility that may arise between them;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2.40.020;

F. To represent the city of Carpinteria in the county's operational area disaster services council.

(Ord. 602 [§ 1] (part), 2004)

In the event of the proclamation of a "local emergency" as provided in this chapter, the proclamation of a "state of emergency" or "Governor's concurrence" 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 the public use;

C. To require emergency services of any city officer or employee and, in the event of the proclamation 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 to this chapter adopted by the city council, all powers conferred upon him by any agreement approved by the city council, and by any other lawful authority.

(Ord. 602 [§ 1] (part), 2004)

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. 602 [§ 1] (part), 2004)

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 2.40.090(D), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency services organization of the city.

In addition, the city council shall pass a resolution adopting the City of Carpinteria Standardized Emergency Management Systems Multi-Hazard Functional Plan (SEMS MHFP). The SEMS MHFP shall set forth the form of the emergency services organization, establish and designate divisions and services, assign function, duties and powers, and designate officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the emergency and disaster agencies of the Federal government and the state of California, Government Code 8607, Section 4(c).

(Ord. 602 [§ 1] (part), 2004)

It is a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment not to exceed six (6) months, or both, 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 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, means of identification specified by the emergency agency of the state.

(Ord. 602 [§ 1] (part), 2004)

City of Carpinteria—Continuity of Government Order of Succession

(Ord. 602 [§ 1] (part), 2004)