Coachella Municipal Code Ch. 2.56 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.

(Prior code § 8-1)

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.

(Prior code § 8-2)

The Coachella disaster council is created and shall consist of the following:

A. City manager, chairperson;

B. Assistant to city manager, vice chairperson;

C. Fire chief;

D. Police chief;

E. Two public works supervisors;

F. Sanitation superintendent;

G. Community development director; and

H. Finance director.

(Prior code § 8-3)

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

(Prior code § 8-4)

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 assistant director of emergency services, who shall be appointed by the director.

(Prior code § 8-5)

A. The 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 operation 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 this chapter.

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, 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 city officer or employee and, in the event of the proclamation of a "state of war 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 or she deems necessary in the 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;

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

e. To execute all of his or her ordinary power as city manager all of the 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 or her 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 or her duties during an emergency. Such order of succession shall be:

1. Assistant to city manager;

2. Police chief;

3. Fire chief.

C. 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 arid duties as may be assigned by the director.

(Prior code § 8-6)

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 be [in] agreement or operation of law, including persons impressed into service under the provisions of Section 2.56.060(A)(6)(c) of this chapter, 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.

(Prior code § 8-7)

The Coachella disaster 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.

(Prior code § 8-8)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection of the city.

(Prior code § 8-9)

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment for not to exceed six 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 or her 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 impair 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. 890 § 6, 2003: prior code § 8-10)

A. Findings. As a result of the recent disasters throughout the state of California, such as the October 1993 fire storms and the Northridge earthquake on January 17, 1994, and the resulting states of emergency, consumers have sought to purchase emergency supplies, food and other consumer goods necessary for their health and safety. Though no general shortage of consumer goods is evident, numerous consumers have reported cases of excessive price increases for consumer items, such as gasoline and food items, many times above the prices in effect prior to the disasters. Though price increases may be necessary where a merchant has incurred higher expenses, the reported price increases clearly exceed those that would be reasonable and just to recapture any increase of operation expenses.

B. Legislative Intent. It is the intention of the city council, in adopting this section, to protect citizens from excessive and unjustified increases in the prices charged during any abnormal disruption of the marketplace for consumer goods and services vital and necessary for the health, safety, and welfare of consumers resulting from emergency or major disaster for which a state of emergency for the city is proclaimed or for which a local disaster or emergency is declared by the President of the United States or Governor of California.

C. Excessive Price Increases Prohibited. Upon a proclamation of public emergency involving or threatening the lives, property or welfare of the citizens or for which a local disaster or emergency is declared by the President of the United States or the Governor of California and for a period of thirty (30) days from the date such declaration is terminated, it is unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies, or gasoline for an amount which exceeds ten (10) percent of the price charged by such person, contractor, business or other entity for said goods or services on the day prior to the proclamation of emergency, unless such person, business contractor or other entity can prove that an increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.

D. Definitions. For the purposes of this section, the following definitions shall apply:

1. A "consumer food item" is any article which is used or intended for use for food, drink, confection or condiment by man or other animal.

2. "Repair" or "reconstruction services" are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of a disaster. "Contractor services" are services as defined by Business and Professions Code Sections 7025, 7026, 7026.1 and 7026.3.

3. "Emergency supplies" include, but are not limited to, water, water purification devices or tablets, flashlights, lanterns, radios, batteries, candles, blankets, soaps, tents, cooking and heating fuels and diapers.

4. "Medical supplies" include but are not limited to prescription and nonprescription drugs, bandages, gauze, splints and isopropyl alcohol.

5. "Gasoline" includes all octane levels of unleaded, leaded, diesel and alternative fuels.

E. Hearing. If there is reasonable cause to believe that a person has violated the provisions of this section, the city manager shall, prior to authorizing the filing of a criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the conclusion of such hearing, the city manager may, in his or her discretion, order a criminal complaint to be filed. The city manager may for good cause, disperse with the requirement of conducting a hearing prior to the filing of a criminal complaint.

(Prior code § 8-11)