Desert Hot Springs Municipal Code Art. I General Provisions

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 City in the event of the emergency conditions hereinafter referred to; the direction of the disaster organization and the coordination of the disaster functions of the City with the County of Riverside and with all other public agencies, corporations, organizations and affected private persons.

(Prior code § 33.01)

For the purpose of 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 the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, 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 likely to be beyond the control of the services, regular personnel, equipment and facilities of the City and which may require the combined forces of other political jurisdictions to combat.

(Prior code § 33.02)

A. Pre-disaster preparedness functions as described in the joint powers agreement for the City will be accomplished by the Riverside County Office of Disaster Preparedness under contract to the City.

B. The services to be provided by the Riverside County Office of Disaster Preparedness includes, but is not limited to, preparation of general plan, annexes thereto and communication planning reports.

(Prior code § 33.03)

A. During the existence of a declared emergency affecting the City, the Council shall be considered to be in continuous session.

B. During a declared emergency, the Council may promulgate orders and regulations necessary to provide for the protection of life and property including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations shall be in writing and shall be given widespread publicity and notice.

(Prior code § 33.04)

During the existence of an emergency, law and order must be preserved and insofar as possible government services continued or restored. This can best be done by civil government. To provide for the continuance of the legislative branch of the City, each Councilmember shall have the authority to nominate for approval by the full Council three individuals as his or her standby. Standby officers shall be designated 1, 2 and 3 as the case may be. Their duties shall be to fill the post to which appointed in the order designated during a war emergency when, for any reason, the regular Council-member is unavailable. The standby shall serve until the regular Councilmember becomes available.

(Prior code § 33.05)

A. The City shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of any employee of the City.

B. Volunteers duly registered with the Emergency Corps Commander or unregistered persons duly pressed into service during any declared emergency affecting the City, in carrying out, complying with or attempting to comply with any order or regulation issued pursuant to the provisions of this chapter while performing any of their authorized functions or duties shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the City.

(Prior code § 33.06)

It is unlawful for any person during an emergency to:

A. Wilfully obstruct, hinder or delay any member of the City Emergency Corps in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter or in the performance of any duty imposed upon them by virtue of this chapter;

B. Do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such act is of such a nature as to give or be like to give assistance to the enemy or to imperil life or property or to prevent, hinder or delay the defense or protection of persons or property;

C. Wear, carry or display without authority any means of identification specified by the civil defense and/or disaster agencies of the federal or state governments.

(Prior code § 33.07)