Chapter 38 — CIVIL EMERGENCIES

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 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 persons. ('63 Code, § 3-2.01) (Ord. 251-C.S., passed 7-4-75)

As used in this chapter, 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, 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.

('63 Code, § 3-2.02) (Ord. 251-C.S., passed 7-4-75)

(A) Membership. The Eureka Disaster Council is hereby created and shall consist of the following:

• (1) The Mayor, who shall be the chairman;

• (2) The City Manager, Director of Emergency Services, who shall be the 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 the city, adopted pursuant to the provisions of this chapter; and,

(5) 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. ('63 Code, § 3-2.03)

(B) Powers and duties. It shall be the duty of the Eureka Disaster Council, and it is hereby empowered, to develop 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 the call of the chairman or, during his absence from the city or inability to call such meeting, upon the call of the vice-chairman. ('63 Code, § 3-2.04)

(Ord. 251-C.S., passed 7-4-75)

(A) Director of Emergency Services.

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

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

('63 Code, § 3-2.05)

(B) Powers and duties.

(1) The Director of Emergency Services is hereby 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 at the direction of the Mayor, 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 of the state to proclaim a “state of emergency” when, in the opinion of the Mayor, the locally available resources are inadequate to cope with the emergency;

(c) Control and direct the efforts of the Emergency Organization of the city for the accomplishment of the purposes of this chapter;

(d) 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 which may arise between them;

(e) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; and,

(f) In the event of the proclamation of a “local emergency”, as set forth in this section, the proclamation of a “state of emergency” by the Governor or the Director of the Office of Emergency Services of the state, 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 shall 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, to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

3. To require the emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency”, in the county, or the existence of a “state of war emergency”, to command the aid of as many citizens of the community as the Director deems necessary in the execution of his duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4. To requisition the necessary personnel or materials of any city department or agency; and,

5. To execute all of his ordinary power as City Manager, all of the special powers conferred upon that position by this chapter or by resolution or Emergency Plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon the office by any statute, by any agreement approved by the City Council, and by any other lawful authority.

(2) The Director of Emergency Services shall designate the order of succession to his office to take effect in the event the Director is unavailable to attend meetings and otherwise perform the required duties during an emergency. Such order of succession shall be approved by the City Council.

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

('63 Code, § 3-2.06)

(Ord. 251-C.S., passed 7-4-75)

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 pressed into service pursuant to the provisions of § 38.04(B) of this chapter, 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.

('63 Code, § 3-2.07) (Ord. 251-C.S., passed 7-4-75)

The Eureka Disaster Council shall be responsible for the development of the Eureka Emergency Plan, which plan shall provide for the effective mobilization of all the resources of the city, both public and private, to meet any condition constituting a local emergency, a state of emergency, or a state of war emergency, and which 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. ('63 Code, § 3-2.08) (Ord. 251-C.S., passed 7-4-75)

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.

('63 Code, § 3-2.09) (Ord. 251-C.S., passed 7-4-75)

No person during an emergency shall:

(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 rule or regulation issued pursuant to this chapter, 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 the city, or to prevent, hinder, or delay the defense or protection thereof; and,

(C) Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the state. ('63 Code, § 3-2.10) (Ord. 251-C.S., passed 7-4-75) Penalty, see § 38.99

Any person violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment not to exceed six months, or both. ('63 Code, § 3-2.10) (Ord. 251-C.S., passed 7-4-75)