Coronado Municipal Code Ch. 2.50 Disaster Council

• Sections: 2.50.010 Purpose. 2.50.020 DeFnition. 2.50.030 Disaster Council membership. 2.50.040 Disaster Council powers and duties. 2.50.050 Director and Assistant Director of Emergency Services. 2.50.060 Powers and duties of Director and Assistant Director of Emergency Services. 2.50.070 Emergency organization. 2.50.080 Emergency Plan. 2.50.090 Expenditures. 2.50.100 Punishment of violations. 2.50.110 Repeal of conGicting ordinances. 2.50.120 Declaration of emergency. 2.50.130 Imposition of curfew – Prohibition of certain sales and suspension of certain business activities.

• 2.50.140 Imposition of curfew may be total. 2.50.150 Announcement of curfew. 2.50.160 Penalty for violations during curfew. 2.50.170 Penalty for violations during total curfew. 2.50.180 Penalty for sales during emergency. 2.50.190 Penalty for business operations during emergency. 2.50.200 Permission to perform essential public services. 2.50.210 Termination of curfew. 2.50.220 Police Services OHcers. 2.50.230 Designated Level I Reserve OHcers.

The purposes of this chapter are to provide for:

• A. The preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency;

• B. The direction of the emergency organization; and

• C. The coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and aMected private persons. (Ord. 1794)

As used in this chapter, “emergency” shall mean 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, Jre, Kood, 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.

The City’s Disaster Council is hereby created and shall consist of the following:

• A. The Mayor, who shall be chairperson.

• B. The Director of Emergency Services, who shall be vice chairperson.

• C. The Assistant Director of Emergency Services.

D. Such chiefs of emergency services as are provided for in the current Emergency Plan of this City, adopted pursuant to this chapter.

E. Such representatives of civic, business, labor, veterans’, professional, or other organizations having an oLcial emergency responsibility, as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

A. It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, 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 the chairperson’s absence from the City or inability to call such meeting, upon call of the vice chairperson.

B. In the absence of the Mayor or Mayor Pro Tempore, any member of the City Council may, after conferring with the Director of Emergency Services or their designee in order of succession, execute any of the duties and powers of the Mayor for purposes of carrying out the provisions of this chapter.

A. There is hereby created the OLce of Director of Emergency Services. The City Manager shall be the Director of Emergency Services, “Director” hereinafter.

B. There is hereby created the OLce of Assistant Director of Emergency Services who shall be appointed by the Director.

• A. The Director is hereby empowered to:

1. Request that the City Council proclaim the existence or threatened existence of a “local emergency” if the City Council is 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 eMect.

2. Request that the Governor 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 eMort 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 staM 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 deJned herein.

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 OLce of Emergency Services, or the existence of a “state of war emergency,” the Director is hereby empowered:

   • a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as aMected by such emergency; provided, however, such rules and regulations are conJrmed 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 oLcer 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, beneJts, and immunities as are provided by State law for registered disaster services workers;

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

• e. To execute all of the ordinary powers of the City Manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, and all powers conferred by any statute, by any agreement approved by the City Council, and by any other lawful authority.

B. The Director shall designate the order of succession to that oLce, to take eMect 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 Assistant Director shall, under the supervision of the 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.

All oLcers 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 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.

The Disaster Council shall be responsible for the development of the City’s Emergency Plan, which Plan shall provide for the eMective 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 staM of the emergency organization. Such Plan shall take eMect upon adoption by resolution of the City Council.

Any lawful expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and beneJt of the inhabitants and property of the City.

It shall be a misdemeanor, punishable by a Jne not to exceed $500.00, or by imprisonment 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 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. Without authority, to wear, carry, or display any means of identiJcation speciJed by the emergency agency of the State.

Under the provisions of Section 8668(a) of the California Emergency Services Act, civil defense and disaster ordinances adopted during an emergency remain in full force and eMect until revised, amended, or revoked. City civil defense and disaster ordinances shall be expressly repealed by number. In amending a City civil defense and disaster ordinance, the following provision should be included in order to preserve existing rights and privileges:

The enactment of this ordinance is intended to be a revision and continuation of prior ordinance [insert number of prior ordinance] which is amended by this ordinance. The status of volunteers under that prior ordinance shall not be aMected by this ordinance except as expressly provided herein; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such prior ordinance be aMected by this ordinance except as expressly amended, modiJed, or superseded by this ordinance.

In the event that there exists within any part of the City a great public crisis, disaster, riot, catastrophe, or similar public emergency which is menacing life and property, the Mayor, in addition to any other powers authorized by the Government Code of the State of California, shall have the power and authority to declare the existence of an emergency.

During all or any portion of the day in the area where the emergency exists, or throughout all or any part of the City, the Mayor shall have the further power and authority to do any of the following:

A. Impose a curfew;

• B. Prohibit the sale, distribution, transportation and use of any alcoholic beverage, Jrearm, dangerous weapon, ammunition, explosive, gasoline, or Kammable material or liquid; and

C. Suspend the operation of all or any part of a business establishment where there is sold any alcoholic beverage, Jrearm, dangerous weapon, ammunition, explosive, gasoline, or Kammable material or liquid; as well as suspend the operation of any other activity which in the opinion of the Mayor would hinder, hamper, or impede eMorts to control and terminate the emergency.

The curfew imposed pursuant to this chapter may be limited to the movement of persons on the street, or may be total and extend to the prohibition of the sale, distribution, transportation, and use of any alcoholic beverage, Jrearm, dangerous weapon, ammunition, explosive, gasoline, Kammable material or liquid.

The Mayor, for and on behalf of the City, shall announce that an emergency has been declared and that a curfew has been imposed. The announcement shall state the type of curfew imposed, whether total or not, and shall give a description of the area, or areas, of the City which it aMects. If the sale, distribution, transportation and use of any matter have been prohibited pursuant to this chapter or if the operation of any business establishment has been suspended pursuant to this chapter, the announcement shall also describe the materials and businesses and the area, or areas, of the City aMected thereby. The Mayor’s announcement shall be given the widest possible dissemination through all the information media of press, television and radio, as well as by sound trucks and police vehicles.

During the time and times and in the area or areas that a curfew has been imposed and is in force, it shall be an infraction for any person to be or remain, whether in a vehicle or not, in, on, upon, or about any public street or alley, park or playground, public building or place, or any place of amusement or entertainment or any private place unless it be inside a building and out of public view.

During the time and times and in the area or areas that a total curfew has been imposed and is in force, it shall be an infraction for any person to do any of those acts prohibited in accordance with this chapter, and additionally thereto, it shall be an infraction to distribute, transport or use any of the following:

• A. Any alcoholic beverage;

• B. Firearm, dangerous weapon, ammunition or explosive;

• C. Gasoline or Kammable material or liquid.

If, by order, the Mayor has prohibited the sale, distribution, transportation or use of any material pursuant to this chapter, it shall be an infraction for any person to violate such order during the time or times and in the area or areas that the prohibition is in force.

If, by order, the Mayor has suspended the operation of all or any part of a business establishment pursuant to this chapter, it shall be an infraction for any person to violate such order during the time or times and in the area or areas such an order is in force.

The Director of Police Services may grant permission to any person to engage in activities otherwise prohibited in accordance with this chapter in order to perform or do anything necessary to the preservation of life or property, to the maintenance of law and order, or to the maintenance of essential public facilities or services.

When the Mayor has determined that conditions permit, he shall terminate any curfew imposed and rescind any other orders issued pursuant to this chapter. The curfew shall be terminated and rescinded in the same manner as when declared and announced. The curfew may be terminated or rescinded totally or partially. The termination, either total or partial, may apply to any part or all of an area aMected by a curfew or order.

During an emergency declared in accordance with this chapter, Police Services OLcers, while working within the City, are authorized to arrest and release on a notice to appear any person who, in the presence of the Police Services OLcer, violates any provision of the Coronado Municipal Code or San Diego County Code which is applicable to the City of Coronado. Police Services OLcers may also enforce any provision of the California Vehicle Code pertaining to the parking of motor vehicles on public streets or property.

During an emergency declared in accordance with this chapter, the authority of Designated Level I Reserve OLcers, appointed by the Police Department and assigned to the prevention and detection of crime and the general enforcement of the laws of the State of California, shall include the full powers and duties of a Peace OLcer as provided by Penal Code Section 883.1. (Reference Penal Code 832.6(a)(2))