El Segundo Municipal Code Ch. 2 Emergency Services Organization

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

EMERGENCY SERVICES: The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

LOCAL EMERGENCY: The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or 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 this city and require the combined forces of other political subdivisions to combat.

STATE OF EMERGENCY: 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, or earthquake or other 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.

STATE OF WAR EMERGENCY: 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. 917, 1-4-1977)

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 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. 917, 1-4-1977)

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. 917, 1-4-1977)

A. Creation: The city disaster council is hereby created.

B. Composition: The city disaster council created under the provisions of the preceding subsection shall consist of the following:

1. The mayor, who shall be chairman;

2. The city manager, who shall be director of emergency services and vice chairman;

3. The assistant director, appointed by the city manager with the advice and consent of the city council who, under the supervision of the director, shall develop emergency plans and organize the emergency services program of the city, and shall have such other duties as may be assigned by the director;

4. Such deputy directors and chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to this chapter; (Ord. 917, 1-4-1977)

5. Such representatives of the school district, 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;

6. A council member appointed by the mayor to serve for a period of one year on a rotating basis. (Ord. 1388, 11-1-2005)

C. Meetings: The disaster council shall meet upon the call of the chairman, or in his absence from the city or inability to call the meeting, upon the call of the vice chairman.

D. Powers And Duties: It shall be the duty of the city 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 and resolutions and rules and regulations as are necessary to implement the plans and agreements. (Ord. 917, 1-4-1977)

A. Office Created: There is hereby created the office of director of emergency services. The officer shall be the city manager.

B. Powers And Duties: The director of emergency services is hereby empowered:

1. To request the city council to proclaim the existence or threatened existence of a "local emergency" and the termination thereof, if the city council is in session, or to issue the proclamation if the city council is not in session, subject to confirmation by the city council within seven (7) days thereafter or the proclamation shall have no further force or effect.

2. To request the governor to proclaim a "state of emergency" when in the opinion of the director the resources of the area are inadequate to cope with the disaster. The request must be confirmed by a resolution adopted by the city council.

3. To control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter.

4. To direct coordination and cooperation between divisions, services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise between them.

5. To represent the disaster organization of the city in all dealings with public or private agencies pertaining to civil defense and disaster.

6. To 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.

C. Powers In Event Of Disaster: 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:

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 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 emergency organization and city "emergency plan", as such terms are defined under sections 2-2-1 and 2-2-7 of this chapter. The director's imposition of a curfew shall be confirmed at the earliest practical time by the city council.

3. 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.

4. 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.

5. To requisition necessary personnel or material of any city department or agency.

6. 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) adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with section 38791 of the state Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws. (Ord. 1195, 3-16-1993)

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 laws, including persons commandeered under the provisions of subsection 2-2-5C4 of this chapter, be charged with duties incident to the protection of life and property in the city during the emergency shall constitute the emergency organization of the city. (Ord. 917, 1-4-1977)

The functions and duties of the emergency organization shall be established in the city emergency plan. The plan shall be consistent with the standardized emergency management system and 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 of resolution of the city council. (Ord. 1282, 10-21-1997)

It shall be a misdemeanor, punishable as provided in section 1-2-1 of this code, for any person during an emergency to: (Ord. 1195, 3-16-1993; amd. 2000 Code)

A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him by virtue of this chapter.

B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter.

C. Violate a curfew imposed pursuant to this chapter.

D. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 1195, 3-16-1993)