Delano Municipal Code Ch. 2.44 Emergency and Disaster Relief

Footnotes:

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State Law reference— For statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code §8610 et seq. For the statutory provisions on the State Emergency Council's rules and regulations governing disaster service workers, see Gov. Code §8580. For regulations governing emergency powers of city officials, see Chapter 9.08.

The declared purposes of Sections 2.44.020 through 2.44.120 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.

(Ord. 581 §1, 1972).

As used in Sections 2.44.010 through 2.44.120 "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.

(Ord. 581 §2, 1972).

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

A. The mayor, who shall be chairman, and all members of the city council;

B. The director of emergency services, who shall be vice-chairman (city manager);

C. The assistant director of emergency services;

D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to Sections 2.44.010 through 2.44.120;

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.

(Ord. 581 §3, 1972).

It shall be the duty of the city 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 chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman.

(Ord. 581 §4, 1972).

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.

(Ord. 581 §5, 1972).

The director is empowered to:

A. 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;

B. Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to copy with the emergency;

C. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of Sections 2.44.010 through 2.44.120.

D. Direct cooperation 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;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;

F. 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 Office of Emergency Services, or the existence of a "state of emergency," the director is empowered:

1. 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,

2. 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,

3. To require emergency services of any city officer 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, benefits, and immunities as are provided by state law for registered disaster service workers,

4. To requisition necessary personnel or material of any city department of agency, and

5. To execute all of his ordinary power as city manager, all of the special powers conferred upon him by Sections 2.44.010 through 2.44.120 or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority.

(Ord. 581 §6(A), 1972).

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 duties during an emergency. Such order of succession shall be approved by the city council.

(Ord. 581 §6(B), 1972).

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 and duties as may be assigned by the director.

(Ord. 581 §6(C), 1972).

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 by agreement or operation of law, including persons impressed into service under the provisions of Section 2.44.060 (F)(3), 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.

(Ord. 581 §7, 1972).

The city 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.

(Ord. 581 §8, 1972).

Any expenditures 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.

(Ord. 581 §9, 1972).

It is a misdemeanor, punishable as provided in Chapter 1.16, 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 Sections 2.44.010 through 2.44.120 or in the performance of any duty imposed upon him by virtue of Sections 2.44.010 through 2.44.120.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to Sections 2.44.010 through 2.44.120 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. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Ord. 581 §10, 1972).

Whenever riots, general civil disobedience or the threat of same occur in the city, and it is deemed necessary in order to suppress the riot or act of civil disobedience, or whenever the mayor, or the person designated to act on his behalf as hereinafter set forth in Section 2.44.140, determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of same, causing danger of injury to or damages to persons or property, he shall forthwith proclaim in writing the existence of a state of local emergency. He shall cause widespread publicity and notice to be given of such proclamation. Such a proclamation of emergency shall be confirmed by the city council at the earliest practical time.

(Ord. 609 §1 (part), 1973).

In the event that the mayor is absent from the city or otherwise unable to act, the authority to proclaim, extend or terminate the state of emergency shall rest with those designated hereinafter and shall devolve as follows:

A. Mayor pro tem;

B. Any member of the city council, in alphabetical order;

C. City manager;

D. City manager pro tem, or anyone authorized by any of the abovementioned to act on behalf of the city manager.

(Ord. 609 §1(part), 1973).

The proclamation of local emergency provided herein shall become effective immediately upon its issuance and dissemination to the public by appropriate news media.

The state of local emergency exists from the time the proclamation of emergency is issued until it is duly terminated.

(Ord. 609 §1(part), 1973).

After the issuance of a proclamation of local emergency, the city manager or his alternate shall have the power to make, issue and enforce 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. Specifically, he shall have the power to:

A. Curfew. Order a general curfew applicable to such geographical areas of the city, to city as a whole, as he deems necessary in the interest of the public safety and welfare.

Curfew is defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the city limits, excepting persons officially designated to duty with reference to the civil emergency and representatives of news media, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and personnel, and those specifically authorized by duly designated authority;

B. Business closing. Order the closing of any business establishments anywhere within the city for the period of the emergency, such businesses to include, but not limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms;

C. Alcoholic beverages. Order that no persons shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area;

D. Weapons. Order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another;

E. Traffic control. Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic;

F. General Authority. Issue such other orders as are imminently necessary for the protection of life and property.

(Ord. 609 §1(part), 1973).

Once a proclamation of emergency is issued and throughout the state of local emergency the city manager is empowered to:

A. Request the Governor for all necessary assistance;

B. Requisition necessary personnel or material of any city department or agency;

C. Control and direct all city personnel and equipment;

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

E. To require emergency services of any city officer or employee and to command the aid of as many citizens of this community as he thinks necessary 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 and disaster worker volunteers.

(Ord. 609 §1(part), 1973).

In the event the city manager is absent from the city or otherwise unable to act, the authority hereinafter designated shall devolve as follows:

A. City manager pro tem;

B. Chief of police;

C. Person authorized by any of the abovementioned to act on behalf of the city manager.

(Ord. 609 §1(part), 1973).

Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after forty-eight hours from the issuance thereof or upon the issuance of a proclamation by the mayor determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by the mayor.

(Ord. 609 §1(part), 1973).

Any person violating the provisions of Sections 2.44.130 through 2.44.190 or executive order issued pursuant thereto is guilty of an offense against the city, and shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding one hundred eighty days, or by both such fine and imprisonment.

(Ord. 609 §1(part), 1973).