Chowchilla Municipal Code Ch. 2.28 Emergency Services Act

The 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 a disaster; to provide for the coordination of civil defense and disaster functions of this city with all other public agencies, private persons, corporations and organizations in compliance with the state of California's Standardized Emergency Management System (S.E.M.S.). Any expenditures made in connection with such civil defense or disaster activities, including mutual aid activities, shall be deemed conclusively to be for the benefit of the inhabitants and the property of the city.

(Ord. 402-97 § 1 (part), 1997)

This chapter may be cited as the "City of Chowchilla Emergency Services Act."

(Ord. 402-97 § 1 (part), 1997)

A. As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of the 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 resulting from war, imminent threat of war that are or likely to be beyond the control of the services, personnel, equipment and facilities of the city. These conditions require the combined efforts of other political subdivisions to combat. Emergency does not include conditions resulting from a labor controversy.

B. The authority to declare a local state of emergency is retained by the mayor or in absence the mayor pro-tempore, whenever an emergency, as defined by this section, occurs, except as provided in Section 2.28.050 of this code.

(Ord. 402-97 § 1 (part), 1997)

The Chowchilla disaster control group is created and shall consist of the following:

A. The mayor, who shall be chairman;

B. The director of emergency services (the city administrator) who shall be vice chairman;

C. The assistant director of emergency services, appointed by the city administrator, with the advice and consent of the city council, who under the supervision of the director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this city, and shall have other duties as may be assigned by the director;

D. Such deputy directors and chiefs of operating civil defense and disaster departments, services, or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council.

(Ord. 402-97 § 1 (part), 1997)

It shall be the duty of the Chowchilla disaster control group, and it is empowered, to review and recommend for adoption by the city council, civil defense, disaster, mutual aid plans, agreements, ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster control group shall meet upon the call of the chairman, or in the absence from the city or inability to call a meeting, upon the call of the vice chairman.

(Ord. 402-97 § 1 (part), 1997)

There is created the office of director of emergency services. The city administrator shall be the director of emergency services. The director is empowered:

A. To request the city council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the city council is in session, or to issue a proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practical time;

B. To request, through the mayor, that the Governor proclaim a "state of emergency" when, in the opinion of the director, the resources of the area or region is inadequate to cope with the disaster;

C. To control and direct the efforts of the civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter;

D. To direct coordination and cooperation between divisions, services, staff of the civil defense, and disaster organization of this city. To resolve questions of authority and responsibility that may arise between them;

E. To represent the civil defense and disaster organization of this city in all dealings with public and private agencies pertaining to civil defense and disaster;

F. To ensure compliance with the S.E.M.S. regulations.

(Ord. 402-97 § 1 (part), 1997)

In the event of a proclamation of a local emergency as herein provided, or the proclamation of a state of emergency by the Governor, 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 a disaster; provided, that they are confirmed by the city council at the earliest possible time;

B. To obtain vital supplies, equipment and other such properties found lacking and needed for the protection of life and property, and bind the city for the fair market value thereof, and if required immediately, to commandeer the same for public use;

C. To require the emergency services of any city employee and in the event of a state proclamation of an emergency in the region that the city is located, to command the aid of as many citizens of the community as is needed 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 civil defense workers and disaster volunteers;

D. To requisition necessary personnel or material of any city department or agency;

E. To execute all of his ordinary powers as city administrator, all special powers conferred to him by this chapter or by resolution adopted pursuant thereto, all powers conferred to him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Government Code Section 38791; to exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws.

(Ord. 402-97 § 1 (part), 1997)

In the event that the city administrator is unavailable or not able to perform his duties, as director of emergency services due to injury, illness, or other unforeseen circumstances, the following route of succession shall be used to administer the duties of director of emergency services:

A. Police chief, deputy director of emergency services;

B. Fire chief, deputy director of emergency services;

C. Director of parks and recreation, deputy director of emergency services;

D. Public works director, deputy director of emergency services;

E. Assistant director of emergency services.

(Ord. 402-97 § 1 (part), 1997)

All officers and employees of this city, together with volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of the law, including those pressed into service under the provisions of Section 2.28.060, be charged with the duties incident to the protection of life and property in this city during such a disaster, shall constitute the emergency organization of the city.

(Ord. 402-97 § 1 (part), 1997)

A. The functions and duties of the Chowchilla disaster control group shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

B. The city council shall, concurrently with the adoption of this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Federal Government and the Civil Defense Agency of the state.

(Ord. 402-97 § 1 (part), 1997)

It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail not to exceed six months, or both, for any person, during an emergency:

A. To 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 on him by virtue of this chapter;

B. To 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 likely to give assistance to the enemy or to imperil the lives and property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the Emergency Agency of the state.

(Ord. 402-97 § 1 (part), 1997)