Fountain Valley Municipal Code Ch. 2.57 Emergency Preparedness

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property for the coordination of the emergency functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such 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. 1506 § 2, 2015)

For the purpose of this chapter, the terms set out in this section shall have the following meanings:

Emergency.

As used in this chapter, the term "emergency" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, pollution, flood, storm, epidemic, riot, earthquake or similar public calamity. Included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code, including "state of war emergency," "state of emergency" and "local emergency."

"State of war emergency" or "state of emergency" are of such magnitude as to appear likely to require the combined forces of a mutual aid region or regions to combat. A "local emergency" consists of an emergency within the territorial limits of this county, or in the territorial limits of this city, which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this city and requires the combined forces of other political subdivisions to combat. A state of local emergency may be proclaimed locally, as provided under Section 2.57.050.

Emergency Services.

As used in this chapter, the term "emergency services" shall mean preparation for and 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 an emergency. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

(Ord. 1506 § 2, 2015)

The Fountain Valley emergency services council, which is the local disaster council, is created and shall consist of the following:

(a) The director of emergency services, who shall be chairperson. The director of emergency services is also the city manager of the city;

(b) The assistant director of emergency services, as appointed by the director of emergency services, as events warrant, who shall be vice-chairperson;

(c) The emergency preparedness coordinator, who under the supervision of the director, shall develop emergency operations plans and organize the emergency services program of this city, and shall have such other duties as may be assigned by the director;

(d) Such deputy directors and chiefs of emergency services departments, services or divisions as are provided for by resolution pursuant to this chapter;

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

(Ord. 1506 § 2, 2015)

It shall be the duty of the city emergency services council, and it is empowered, to develop and recommend for adoption by the city council, emergency operations 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 emergency services council shall meet upon call of the chairperson or in his or her absence from the city or inability to call such a meeting upon the call of the vice-chairperson.

(Ord. 1506 § 2, 2015)

There is created the office of director of emergency services who shall be the city manager of the city.

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 or her duties during an emergency. Said order shall be approved by the city council.

The director is empowered to:

(a) 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 proclamation, or termination thereof, 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. Review of a proclamation of a local emergency will be made by the city council at its regularly scheduled meetings, but in no event later than twenty-one days after the previous review, until a local emergency is terminated;

(b) Request the governor to proclaim a state of emergency when in the opinion of the director, the resources of the area or region are inadequate to cope with the emergency situation;

(c) Control and direct the effort of the emergency services organization of this city for the accomplishment of the purpose of this chapter;

(d) Direct coordination and cooperation between divisions, services, and staff of the emergency services organization of this city, and to resolve questions of authority and responsibility that may arise between them;

(e) Represent the emergency services organization of the city in all dealings with public or private agencies pertaining to emergency services and operations.

(Ord. 1506 § 2, 2015)

In the event of the proclamation of a local emergency as herein provided, or the proclamation of a state of emergency or a state of war emergency by the Governor or the director of the California Office of Emergency Service, the director is 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, 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 the life and property of the people, and bind the city for the fair value thereof, and, if required, immediately to commandeer the same 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 or a state of war emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this community as he or she thinks necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service volunteers (Government Code of State of California, Title I, Division 4, Chapter 8);

(d) Requisition necessary personnel or material of any city department or agency;

(e) Execute all of his or her ordinary power, as well as all of the special powers conferred upon him or her by this chapter, or by resolution adopted pursuant thereto, all powers conferred upon him or her by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise all police power vested in the city by the Constitution and general laws.

(Ord. 1506 § 2, 2015)

The Fountain Valley emergency services council shall be responsible for the development of the city's emergency plan, which shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any conditions 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.

(Ord. 1506 § 2, 2015)

All officers and employees of this 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 under the provisions of Section 2.57.060(c) of this chapter, are charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency services organization of the city.

(Ord. 1506 § 2, 2015)

It is a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment of 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 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 or her by virtue of this chapter;

(b) 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 of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;

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

(Ord. 1506 § 2, 2015)