Del Mar Municipal Code Ch. 2.52 Emergency Services

It is the purpose of this Chapter to provide for the coordination of emergency services for the protection of persons and property within the City in the event of a proclamation of federal, state or local emergency.

(Ord. No. 423)

A local emergency shall be proclaimed when there exists conditions of disaster or of extreme peril to the safety of persons or property within the City, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, draught, sudden and severe energy shortage, plant or animal infestation or disease, a Governor's warning of an earthquake, or other conditions 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 the City, and require the combined forces of other political subdivisions to combat.

A. The Director of Emergency Services shall be the City Manager.

B. The Assistant Director of Emergency Services shall be appointed by the Director and shall exercise the powers of the Director in accordance with the terms of that appointment.

A. The City Council may proclaim a local emergency.

B. When the City Council is not in session, the Director may proclaim a local emergency for a period of seven days or less.

In the event of a proclamation of federal, state or local emergency related to the City, the Director is authorized to exercise the following powers when necessary to mitigate the emergency:

A. Request the Governor to proclaim a state of emergency.

B. Control and direct the effort of every City employee in accordance with the emergency organization of this City for the accomplishment of the purposes of this Chapter.

C. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies.

D. Call upon appropriate county, state, and federal officers for assistance.

E. Impose curfew and make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and suspend existing policies, regulations, or guidelines, other than municipal ordinances, as necessary to mitigate the emergency.

F. Acquire supplies, equipment, and such other properties and service needed for the protection of life and property, to include, if required immediately, commandeering the same for public use.

G. Expend or encumber an amount equal to five percent of the City's gross annual operating budget to mitigate the emergency.

H. Recruit, retain, deputize, and direct temporary personnel for the duration of the emergency, for the purpose of mitigating the emergency, solely on the basis of the recruit's ostensible ability to mitigate the emergency.

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 City.

A. The Disaster Council which shall consist of:

1. The Mayor, who shall be Chairperson.

2. The City Manager, who shall be Vice Chairperson.

3. The Assistant Director of Emergency Services.

4. Additional person nominated by the City Manager and approved by the Mayor.

B. The Disaster Council shall prepare an emergency plan to provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a federal, state or local emergency or state of war, and shall provide for the organization, powers, duties and services of that emergency organization.

C. An approved emergency plan shall be periodically updated and exercised.

Any person who refuses to willfully neglect to obey any lawful order or regulation promulgated or issued as provided in this Chapter, violates Section 8655 of the Government Code which penalizes such conduct by a fine not exceeding $1,000.00 or imprisonment not to exceed six months or by both such fine and imprisonment.