Diamond Bar Municipal Code Ch. 8.00 Emergency Organization

Footnotes:

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Cross reference— Environmental protection, § 8.12.010 et seq.; offenses by or against public officers and government, § 9.00.010 et seq.; offenses against public peace, § 9.12.010 et seq.; weapons, § 9.28.010 et seq.; vehicles and traffic, tit. 10; streets, sidewalks and public property, tit. 12; utilities, tit. 13; fire safety, tit. 16.

The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the 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. No. 2(1991), § 2, 5-21-91)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or 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 that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the state public utilities commission.

State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the state public utilities commission.

State of war emergency means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

(Ord. No. 2(1991), § 3, 5-21-91)

Cross reference— Definitions generally, § 1.00.070.

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 being 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. No. 2(1991), § 8, 5-21-91)

(a) Created; membership. A disaster council is hereby created, and the following persons shall be members thereof:

(1) The mayor, who shall be chairperson;

(2) The city manager, director of emergency services, who shall be vice-chairperson;

(3) The assistant director of emergency services;

(4) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter; and

(5) 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.

(b) Powers and duties. It shall be the duty of the 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 chairperson or as may otherwise be provided in the emergency preparedness plan.

(Ord. No. 2(1991), §§ 4, 5, 5-21-91)

(a) Creation. There is created the office of director of emergency services. The city manager shall be the director of emergency services. There is created the office of assistant director of emergency services, who shall be appointed by the city manager.

(b) Powers and duties generally. The director is empowered to:

(1) 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;

(2) Request the governor to 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 effort 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 staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them; and

(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies.

(c) Powers upon declaration of emergencies. In the event of the proclamation of a local emergency, 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 war 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, that 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 this 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 or agency.

(5) To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter 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.

(6) The director of emergency services shall designate the order of succession to that office, to take effect if 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.

(7) 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. No. 2(1991), §§ 6, 7, 5-21-91)

The city's disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all 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. No. 2(1991), § 9, 5-21-91)

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. No. 2(1991), § 10, 5-21-91)

State Law reference— Similar provisions, Government Code § 8653.

It is a misdemeanor, punishable as provided in section 1.04.010, for any persons, during an emergency, to:

(1) Obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this title, or in the performance of any duty imposed upon him by virtue of this chapter.

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such 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.

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

(Ord. No. 2(1991), § 11, 5-21-91)