Chapter 8 — EMERGENCY PREPAREDNESS

Editor's note— Ord. No. 1664, § 1, adopted June 12, 2012, amended Ch. 8 in its entirety to read as herein set out. Former Ch. 8, §§ 8-1—8-12, pertained to similar subject matter, and derived from Code 1968, §§ 9-1—9-11; Ord. No. 1073, § 1, adopted March 6, 1993; Ord. No. 1086, § 8, adopted August 17, 1993; Ord. No. 1164, § 1, adopted Sept. 19, 1995.

Cross reference— Administration, ch. 2.

State Law reference— California Emergency Services Act, Government Code § 8550 et seq.; authority of city to create disaster council, Government Code § 8610; authority of city to provide for a chief executive during periods of public calamity, Government Code § 38791.

As used in this chapter, "emergency" means 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 excluding conditions resulting from a labor controversy, which conditions, by reason of their magnitude, 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.

(Ord. No. 1664, § 1, 6-12-12)

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.

(Ord. No. 1664, § 1, 6-12-12)

(a)

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

(1)

The mayor, who shall be chairperson;

(2)

The city manager, who shall serve as the director of emergency services, and who shall be vice chairperson;

(3)

The assistant director of emergency services;

(4)

The emergency services chief, who shall coordinate all emergency services for the city and is provided for in the current emergency plan of the city adopted pursuant to this chapter;

(5)

Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility or value as may be appointed by the director with the advice and consent of the city council.

(b)

A Citizens Corps Council shall be created as a subgroup of the Fontana Disaster Council and shall be comprised of members of the Fontana Disaster Council. The Citizens Corps Council will manage volunteer resources to leverage mutually supportive endeavors among the represented groups and will direct overall local plans to implement citizen corps in the community. The Citizens Corps Council will have the lead role in implementing citizen corps groups within the City of Fontana.

(Ord. No. 1664, § 1, 6-12-12)

It shall be the duty of the Fontana Disaster Council, and the Fontana Disaster Council is hereby 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 Fontana Disaster Council shall meet upon the call of the chairperson or, in his absence from the city or inability to call such meeting, upon call of the vice chairperson.

(Ord. No. 1664, § 1, 6-12-12)

(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.

(c)

There is hereby created the position of emergency services chief. The emergency services chief shall be appointed by, and serve at the direction of, the chief of police, and shall manage and/or coordinate all activities and responsibilities relating to disaster planning, response, recovery and mitigation.

(Ord. No. 1664, § 1, 6-12-12)

(a)

The director is hereby empowered to:

(1)

Request the city council to proclaim the existence or threatened existence of an emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever an 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 the city for the accomplishment of the purposes of this chapter.

(4)

Direct cooperation between the coordination of 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 chapter; and

(6)

In the event of the proclamation of an emergency as provided in this chapter, 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 to:

a.

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;

b.

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 properties for public use;

c.

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 the 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;

d.

Requisition necessary personnel or material of any city department or agency;

e.

Execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or the emergency plan adopted by the city council pursuant to this chapter, and all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority; and

(b)

The director of emergency services shall 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)

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 the city; and shall have such other powers and duties as may be assigned by the director.

(d)

The emergency services chief shall, under the supervision of the director of emergency services, develop emergency plans, manage and/or coordinate the emergency programs of the city that relate to disaster planning, response, recover, and mitigation, and shall have such other powers and duties as may be assigned by the director.

(Ord. No. 1664, § 1, 6-12-12)

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, including persons impressed into service under the provisions of section 8-6(a)(6)c., who may by agreement or operation of law 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.

(Ord. No. 1664, § 1, 6-12-12)

The emergency services chief shall be responsible for the development and updates of the City of Fontana emergency plans to include but not limited to the emergency operations plan and the hazard mitigation plan. The emergency operations plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting an emergency, state of emergency, or state of war emergency. The hazard mitigation plan shall provide a well organized public education and awareness effort involving preparedness and mitigation. These actions include hazard, risk and vulnerability identification, the identification of mitigation action, and the support of mitigation efforts. Such plans shall take effect upon adoption by resolution of the city council.

(Ord. No. 1664, § 1, 6-12-12)

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. 1664, § 1, 6-12-12)

It shall be a misdemeanor during an emergency, to:

(1)

Willfully 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.

(2)

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.

(3)

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

(Ord. No. 1664, § 1, 6-12-12)

In accordance with California Government Code section 8607, the City of Fontana adopted the standardized emergency management system (SEMS). The SEMS framework includes use of the incident command system (ICS), multiagency or interagency coordination, participation in the master mutual aid agreement and the operational area concept.

(Ord. No. 1664, § 1, 6-12-12)

In accordance with Homeland Security Presidential Directive 5, the City of Fontana adopted the national incident management system (NIMS). This management system is designed to cover the prevention, preparation, response and recovery from terrorist attacks, major disasters, and other emergencies. The implementation of this system allows all levels of government throughout the nation to work together efficiently and effectively.

(Ord. No. 1664, § 1, 6-12-12)