Chino Municipal Code Ch. 2.48 Emergency Services

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 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. 78-4 § 1, 1978.)

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, 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.

(Ord. 78-4 § 2, 1978.)

A. The mayor, or his/her City Council designee, who shall be chairman;

B. The city manager, who is the director of emergency services and shall be vice chairman;

C. The assistant city manager, who is the first alternate to the director of emergency services; and

D. Department heads, who shall be the section coordinators as provided for by the standardized emergency management system (SEMS) plan.

(Ord. 2003-14 § 1, 2003: Ord. 87-12, 1987: Ord. 86-17 § 1, 1986: Ord. 78-4 § 3, 1978.)

(Ord. No. 2014-017, § 1, 2014.)

A. To provide for the continuance of legislative and executive functions in the City of Chino during a state of emergency the city council shall appoint three standby officers for each of its members. In case a standby office becomes vacant because of removal, death, resignation, or other cause, the city council shall appoint another person to fill said office. Standby officers shall be designated Numbers 1, 2 and 3 as the case may be.

B. 1.

The qualifications of each standby officer should be carefully investigated, and the city council may request the chief of police to aid in the investigation of any prospective appointee. No examination or investigation shall be made without the consent of the prospective appointee.

2. Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a city other than the City of Chino.

C. Each standby officer shall take the oath of office required of the person occupying the office for which he/she stands by. Persons appointed as standby officers shall serve in their posts as standby officers at the pleasure of the city council and may be removed and replaced at any time with or without cause.

D. Each standby officer shall have the following duties:

1. To inform himself/herself of the duties of the office for which he/she stands by. Employees of the city shall assist him/her and shall provide each standby officer with a copy of this article.

2. To keep informed of the business and affairs of the city to the extent necessary to enable him/her to fill his/her post competently. For this purpose the city may arrange information meetings and require attendance.

3. To immediately report himself/herself ready for duty in the event of a state of emergency at the place and in the method previously designated in the city emergency plan.

4. To fill the post for which he/she has been appointed when the regular council member is unavailable during a state of emergency. Standby officers Numbers 2 and 3 shall substitute in succession for standby officer Number 1 in the same way that said standby officer is substituted in place of the regular council member. He/she shall serve until the regular council member is able to resume his/her duties or until the election or appointment of a new regular council member.

E. Should all members of the city council, including all standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a standby member becomes available or until the election or appointment of a new regular or standby member. Temporary officers shall be appointed as follows:

1. By the chairperson of the board of supervisors of San Bernardino County and if he/she is unavailable,

2. By the chairperson of the board of supervisors of any other county within one hundred fifty miles of the City of Chino, beginning with the nearest and most populated county and going to the farthest and least populated, and if he/she is unavailable,

3. By the mayor of any city within one hundred fifty miles of the City of Chino, beginning with the nearest and most populated city and going to the farthest and least populated.

F. As used in this article, "unavailable" means that a council member is either killed, missing or so seriously injured as to be unable to attend meetings and otherwise perform his/her duties. Any question as to whether a particular member is unavailable shall be settled by the city council of the city or any remaining available members of said body (including standby officers who are serving on the city council).

(Ord. 2003-14 § 2, 2003: Ord. 86-31, 1987.)

It shall be the duty of the Disaster Council, and it is empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements deemed necessary to respond to disasters and other emergency situations, and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

(Ord. 2003-14 § 3, 2003: Ord. 78-4 § 4, 1978.)

(Ord. No. 2014-017, § 2, 2014.)

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/her absence, or assumes office during a disaster pursuant to the city's SEMS plan.

(Ord. 2003-14 § 4, 2003: Ord. 86-17 § 2, 1986: Ord. 78-4 § 5, 1978.)

A. The director, and in his/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 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;

6. In the event of the proclamation of a "local emergency" as provided in this chapter, 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, that 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,

c. To require emergency services of any city officer or employee and, in the event of the proclamation of a local emergency, a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency" to request 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,

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,

f. To organize, staff and operate the emergency operations center (EOC),

g. To operate communications and warning systems,

h. To provide information and guidance to the public,

i. To maintain information on the status of resources, services, and operations,

j. To direct overall operations,

k. To obtain support for the City of Chino and provide support to other jurisdictions as required,

l. To identify and analyze potential hazards and recommend appropriate countermeasures,

m. To collect, evaluate and disseminate damage assessment and other essential information,

n. To provide status and other reports to the San Bernardino County operational area via the county EOC.

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 designated as follows:

1. Assistant city manager;

2. Police chief;

3. Director of public works;

4. Director of development services;

5. Director of community services, parks, and recreation.

C. The director of emergency services shall, with the assistance of section coordinators, develop emergency plans and manage the emergency programs of the city. The section coordinators include, as outlined in the SEMS plan, department directors who are responsible for the following areas: logistics, planning/intelligence, finance/administration and operations.

(Ord. 2003-14 § 5, 2003: Ord. 86-17 § 3, 1986: Ord. 78-4 § 6, 1978.)

(Ord. No. 2023-016, § 3, 2023.)

The director of emergency services is responsible for the development of and updates to the standardized emergency management system plan, which plan shall provide for the effective mobilization of all of the resources of this city, both private and public, 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. 2003-14 § 6, 2003: Ord. 78-4 § 8, 1978.)

All 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 by agreement or operation of law, including persons impressed into service under the provisions of section 2.48.060, may 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. 2003-14 § 7, 2003: Ord. 78-4 § 7, 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.

(Ord. 78-4 § 4, 1978.)

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 an emergency to:

A. Wilfully 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 any means of identification specified by the emergency agency of the state.

(Ord. 78-4 § 10, 1978.)