Chapter 2.32 — CIVIL DEFENSE AND DISASTERS

State Law reference— For statutory provisions on emergency services, see Gov. Code §8550 et seq.; for provisions on local disaster councils, see Gov. Code §8610 et seq.; for provisions on local emergencies, see Gov. Code §8630 et seq.

The purposes of this chapter are to provide for the preparation and carrying out of plans for disaster and emergency services, the protection of persons and property within the city in the event of a disaster, and to provide for the coordination of the disaster and emergency functions of the city with all other affected persons and agencies, both public and private. Any expenditures made in connection with such disaster or emergency services, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the city.

(Ord. 274 §1, 1970)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

A.

"Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or other public calamity. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

B.

"Emergency services" means the preparation for carrying out disaster functions, other than functions for which military forces are primarily responsible, and 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.

C.

"Emergency services office" means the physical facilities constituting the Tulare operational area's primary emergency operating center, and the necessary staff and personnel to operate such facilities on a day-to- day or disaster emergency basis.

D.

"Tulare operational area" means the unincorporated area of the county, and the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake.

(Ord. 274 §2, 1970)

The emergency council of the Tulare operational area is created and shall consist of the following members:

A.

The chairman of the board of supervisors of the county. The board of supervisors shall appoint an additional member of the board to serve as an alternate member of the emergency council when the chairman is absent from the county or is not immediately available to perform his duties;

B.

The mayors of the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake, or alternates appointed by the respective city councils;

C.

Two persons residing in the unincorporated area of the county who shall be appointed by the other members of the emergency council;

D.

The emergency services coordinator of the county, who shall be an ex-officio member and who shall not be entitled to a vote at the meetings of the emergency council.

(Ord. 274 §3, 1970)

The officers of the emergency council shall be a chairman, and such other officers as the council may deem necessary. The chairman of the board of supervisors shall serve as chairman of the council. When he is absent from the county or is not immediately available to perform his duties, the other member of the board of supervisors who is a member of the council shall serve as chairman.

(Ord. 274 §4, 1970)

The emergency council may hold regular meetings at a time and place established by the council. Special meetings of the council shall be called in accordance with Section 54950 et seq. of the Government Code of the state of California. Special meetings may be called by the chairman or the alternate chairman designated pursuant to Section 2.32.030. The council shall meet at least four times each year. The council shall have the power to adopt rules and regulations governing the conduct of its meetings.

(Ord. 274 §5, 1970)

It shall be the duty of the emergency council to review and recommend for adoption by the board of supervisors and the respective city councils, disaster and mutual aid plans and agreements, and such ordinances, resolutions, rules, regulations and budgets as are necessary to implement such plans and agreements.

(Ord. 274 §6, 1970)

The chairman of the emergency council is empowered to perform the following acts:

A.

Serve as the emergency services director of the Tulare operational area;

B.

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 such a proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;

C.

Request the mayor to request the Governor to proclaim a state of disaster, when in the opinion of the chairman, the resources of the area are inadequate to cope with the disaster on a local basis.

(Ord. 274 §7, 1970)

The chairman of the emergency council shall order an exercise or drill of the entire emergency services organization at least once each year, and a minimum of two exercises or drills for selected portions of the emergency operating center staff each year. Participation in required state or Federal exercises, special drills for communications, radiological, fire, law enforcement, or other specific services shall be in addition to the exercises or drills required by this section.

(Ord. 274 §8, 1970)

In the event of the proclamation of a local emergency as provided in this chapter, or the proclamation of a state of disaster by the Governor or the Director of the California Disaster Office, or in the event of a warcaused state of extreme emergency, the chairman, as the emergency services director of the Tulare operational area, is empowered to perform the following acts:

A.

Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the emergency council;

B.

Subject to the approval of the city council, to obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property of the people, and to bind the city for the fair value thereof and, if required, to commandeer the same immediately for public use;

C.

Require emergency services of any city officer or employee; and in the event of the proclamation of a state of disaster or extreme emergency by the Governor in the region in which the city is located, to commandeer the aid of as many citizens as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities which are provided by state law for registered civil defense and disaster volunteer workers;

D.

Requisition and necessary equipment or materials from any city department or agency;

E.

Execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, by any agreement approved by the city council, or by any other lawful authority.

(Ord. 274 §9, 1970)

There is created the position of emergency services coordinator of the Tulare operational area who may be referred to as the coordinator. He shall serve as the executive officer of the Tulare operational area, and his staff shall serve as the staff of the emergency services office. The board of supervisors of the county shall consider the recommendations of the emergency council in the appointment or dismissal of the coordinator.

(Ord. 274 §10, 1970)

The coordinator shall have the following general powers and duties:

A.

Represent the emergency council and its chairman as their executive officer for the purpose of coordinating all efforts within the Tulare operational area for the accomplishment of the purposes of this chapter;

B.

Identify and define questions of authority and responsibility that may arise between persons and agencies referred to in Section 2.32.130 and submit recommendations for resolving such matters to the chairman;

C.

Represent the Tulare operational area in all dealings with public or private agencies pertaining to disaster or civil defense, when authorized by the chairman;

D.

Prepare an operational plan with necessary service annexes and standing operating procedures to provide administrative guides for the Tulare operational area;

E.

Plan and conduct exercises and drills, as ordered by the chairman, for the emergency services organization or for the emergency operating center staff.

(Ord. 274 §11, 1970)

In the event of the proclamation of a local emergency as provided in this chapter, or the proclamation of a state of disaster by the Governor, or in the event of a war-caused state of extreme emergency, the coordinator is empowered to perform the following acts:

A.

Active the emergency operating center including calling in, as necessary, service chiefs, standby staff and service dispatchers;

B.

Cause the dissemination of appropriate warning signals and issue suitable advisory information to the emergency council, the emergency services organization and the public;

C.

Advise the California Disaster Office of the local situation;

D.

Request mutual aid through the California Disaster Office if local deficiencies of personnel and/or equipment are indicated by the service chiefs;

E.

Order the provision of security for the emergency operating center and communications staff.

(Ord. 274 §12, 1970)

All officers and employees of the county and the cities included in the Tulare operational area, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons, including persons commandeered under the provision of subsection C of Section 2.32.090, who by operation of law or agreement may be charged with duties incident to the protection of life and property in the city during such disaster, shall constitute the emergency services organization of the Tulare operational area.

(Ord. 274 §13, 1970)

The functions and duties of the emergency services organization shall be distributed among such divisions, services and special staff as the emergency council shall prescribe by resolution, subject to the approval of the board of supervisors of the county and the respective city councils. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Federal Government and the California Disaster Office.

(Ord. 274 §14, 1970)

It is unlawful for any person to perform any of the following acts during a disaster:

A.

Wilfully obstruct, hinder, or delay any member of the emergency services 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.

To do any act forbidden by any lawful rules or regulations 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 if inhabitants of the city, or to prevent or delay the defense or protection thereof;

C.

To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the Federal Government or the state of California.

(Ord. 274 §15, 1970)

Any person violating any of the provisions of this chapter which are declared to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the city or county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 274 §16, 1970)