Downey Municipal Code Part 4 Emergency Services Organization

Note: Part 4 entitled "Civil Defense," consisting of Sections 2430 through 2435, was added by Ordinance No. 95, adopted May 26, 1958, repealed and added by Section 1, Ordinance No. 592, adopted May 8, 1979

The declared purposes of this part 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 an emergency; the direction of the Emergency Organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private person.

(Added by Ord. 592, adopted 5-8-79)

As used in this part, "emergency" shall mean 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 the 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 the City requiring the combined forces of other political subdivisions to combat.

(Added by Ord. 592, adopted 5-8-79)

The City of Downey Disaster Council is hereby created and shall consist of the following:

(a) The Mayor, who shall be chairperson;

(b) The Director of Emergency Services, who shall be vice-chairperson;

(c) The Assistant Director of Emergency Services;

(d) Such chiefs of emergency services as are provided for in a current Emergency Plan of the City adopted pursuant to this part; and

(e) Such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

(Added by Ord. 592, adopted 5-8-79)

It shall be the duty of the City of Downey Disaster Council, and it is hereby empowered, to review and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chairperson or, in his absence from the City or inability to call such meeting, upon call of the vice-chairperson.

(Added by Ord. 592, adopted 5-8-79)

(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director.

(Added by Ord. 592, adopted 5-8-79)

(a) The Director of Emergency Services is hereby 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 of the State 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 the City for the accomplishment of the purpose of this part;

(4) Direct cooperation between, and the coordination of the services and staff of, the Emergency Organization of the City and resolve questions of authority and responsibility that may arise between them;

(5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this part; and

(6) 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 war emergency," the Director is hereby empowered:

(i) 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; and

(ii) To impose a curfew which prohibits all individuals from being present on or at any public street, avenue, highway, road, curb area, sidewalk, alley, park, playground or other public ground, public place or public building between the hours of sundown and sunrise, or such other hours which the Director determines are reasonably related to the protection of life and property as affected by such emergency. Such curfew shall not apply to individuals whose presence on or at any public street, avenue, highway, road, curb area, sidewalk, alley, park, playground or other public ground, public place or public building is required pursuant to their responsibilities under the City of Downey's Emergency

Organization and City of Downey Emergency Plan, as such terms are defined under Downey Municipal Code Sections 2435 and 2436. The Director's imposition of a curfew shall be confirmed at the earliest practical time by the City Council; and

(iii) 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;

(iv) 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;

(v) To requisition necessary personnel or material of any City department or agency;

(vi) 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.

(b) The Director of Emergency Services shall designate the order of succession to that office 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.

(c) The Assistant Director of Emergency Services, under the supervision of the Director and with the assistance of emergency service chiefs, shall develop emergency plans and manage the emergency programs of the City and shall have such other powers and duties as may be assigned by the Director.

(Added by Ord. 592, adopted 5-8-79; amended by Ord. 960, adopted 3-30-93)

All officers and employees of the 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 Subsection (iii) of Subsection (6) of subsection (a) of Section 2434 of this part, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City.

(Added by Ord. 592, adopted 5-8-79)

The City of Downey Disaster Council shall be responsible for the development of the City of Downey Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the 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.

(Added by Ord. 592, adopted 5-8-79)

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.

(Added by Ord. 592, adopted 5-8-79)

It shall be a misdemeanor, punishable by a fine of not to exceed $500, or by imprisonment not to exceed six months, or both, 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 this part or in the performance of any duty imposed upon him by virtue of this part.

(b) To do any act forbidden by any lawful rule or regulation issued pursuant to this part.

(c) To violate a curfew imposed pursuant to this part.

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

(Added by Ord. 592, adopted 5-8-79; amended by Ord. 960, adopted 3-30-93)

If any sentence, clause or phrase of this part is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this part. The City Council hereby declares that it would have adopted this part and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

(Added by Ord. 960, adopted 3-30-93)