Chapter 2.32 — EMERGENCY ORGANIZATION

(a)

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 the town in the event of an emergency; the direction of emergency organization; the coordination of emergency functions and operations; and overseeing the recovery from an emergency within this town with all other public agencies, corporations, organizations and affected private persons.

(b)

The ordinance codified in this chapter shall rescind and replace Ordinance No. 776, adopted January 1993.

(Ord. 862 § 1, 2001)

As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within this town, caused by such conditions as air pollution, earthquake, fire, flood, landslide, storm, epidemic, riot, transportation incident, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions could maximize the town's resources, or be beyond the control of the services, personnel, equipment, and facilities of this town, requiring the combined forces of other political subdivisions to combat.

(Ord. 862 § 2, 2001)

The Corte Madera disaster council is recognized as a standing committee of the town, as established through Resolution No. 2654, adopted on March 2, 1993. The membership of this committee shall consist of the following:

(1)

A member of the town council, as appointed by the council, who shall be the chairperson (optional). An alternate councilmember shall also be appointed;

(2)

The emergency operations manager, who shall be vice chairperson;

(3)

The assistant emergency operations manager;

(4)

Staff members as identified by the town council, through town resolution;

(5)

Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the emergency operations manager, with the advice and consent of the town council, through town resolution.

(Ord. 862 § 3, 2001)

It shall be the duty of the Corte Madera disaster council, and it is empowered, to review and recommend for adoption by the town council, the town of Corte Madera emergency operations plan, disaster-related mutual aid plans and agreements, and such ordinances, resolutions, and rules and regulations as are necessary to implement such plans and agreements. It shall also be the duty of the disaster council to assist town staff in preparing the community to take action before, during, and after a disaster. The disaster council shall meet upon the call of the chairperson or, in the event of the chairperson's absence from the town or inability to call such meeting, upon the call of the vice-chairperson.

(Ord. 862 § 4, 2001)

(a)

There is created the office of emergency operations manager. The town manager shall be the emergency operations manager.

(b)

There is created the office of assistant emergency operations manager, who shall be appointed by the emergency operations manager, and confirmed by the town council, though town resolution.

(Ord. 862 § 5, 2001)

manager.

(a)

The emergency operations manager is empowered to:

(1)

Request the town council to proclaim the existence, or threatened existence, of a local emergency if the town council is in session, or to issue such proclamation if the town council is not in session. Whenever the emergency operations manager makes a local proclamation, the town 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 emergency operations manager, the locally available resources are inadequate to cope with the emergency;

(3)

Control and direct the efforts of the emergency organization of this town to accomplish the purposes of this chapter;

(4)

Direct cooperation and coordination of services and staff of the emergency organizations of this town, and resolve questions of authority and responsibility that may arise between them;

(5)

Represent this town 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 Director of the State Office of Emergency Services, or the existence of a state of war emergency, the emergency operations manager 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 such rules and regulations are confirmed at the earliest possible time by the town council,

(B)

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

(C)

To require emergency services of any town officer or employee, and in the event of the proclamation of a state of emergency in Marin County, in which the town is located, or the existence of a state of war emergency, to command the aid of as many citizens of this community as the emergency operations manager deems necessary in the execution of the manager's 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 materials of any town department or agency and provide for necessary food and lodging accommodation for all employees involved in disaster related duties, or necessary rest periods between the performance of such duties,

(E)

To execute all of the ordinary powers as town manager; all of the special powers conferred upon the town manager by this chapter, or by resolution, or the emergency plan, pursuant hereto, adopted by the town council; all powers conferred upon the town manager by any statute, by any agreement approved by the town council, and by any other lawful authority.

(b)

The emergency operations manager shall designate the order of succession to that office, to take effect in the event the manager is unavailable to attend meetings or otherwise perform the manager's duties in the event of an emergency. Such order of succession shall be approved by the town council, though town resolution.

(c)

The assistant emergency operations manager shall, under supervision of the emergency operations manager, and with the assistance of the disaster council, manage the emergency programs of this town, and shall have such other powers as assigned by the manager.

(d)

The assistant emergency operations manager shall review the emergency operations plan annually, and recommend appropriate changes to the town council.

(Ord. 862 § 6, 2001)

All officers and employees of the town, 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 2.32.060(a)(6)(C) of this chapter, charged with duties incident to the protection of life and property in this town during an emergency, shall constitute the emergency organization of the town.

(Ord. 862 § 7, 2001)

The Corte Madera disaster council shall be responsible for the employment of the town emergency operation plan, which shall provide for the effective mobilization of the resources of this town, both public and private, to meet any conditions constituting a local emergency, state of emergency, or state of war emergency; shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by the town council, though town resolution.

(Ord. 862 § 8, 2001)

The Corte Madera disaster council shall be responsible for the review and employment of applicable parts of the Marin County emergency operations plan, which shall provide for the effective mobilization of the resources of the county of Marin, both public and private, to meet any conditions constituting a local emergency, state of emergency, or state of war emergency; shall provide for the organization, powers and duties, services, and staff of emergency organization. Such plan shall take effect upon adoption by the town council, though town resolution.

(Ord. 862 § 9, 2001)

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 town.

(Ord. 862 § 10, 2001)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both fine and imprisonment, for any person, during an emergency, to:

(1)

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 them by virtue of this chapter.

(2)

Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if the 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 town, or prevent, hinder, or delay the defense or protection thereof;

(3)

Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Ord. 862 § 11, 2001)