Fowler Municipal Code Ch. 2 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 within the City in the event of on 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.

(§ 1, Ord. 79-9, eff. November 15, 1979)

(a) For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as sat forth in this section.

(b) "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, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, anti facilities of the City, requiring the combined forces of other political subdivisions to combat.

(c) "Director" shall mean the Director of Emergency Services.

(d) "Assistant Director" shall mean the Assistant Director of Emergency Services.

(e) "Disaster Council" shall mean the Fowler Disaster Council.

(§ 1, Ord. 79-9, eff. November 15, 1979)

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

(a) The Mayor, who shall be the chairman;

(b) The Director of Emergency Services, who shall be the vice-chairman;

(c) The Assistant Director of Emergency Services;

(d) Such chiefs of emergency services as are provided for in a current Emergency Plan of the City adopted pursuant to this chapter; and

(e) Such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility as may he appointed by the Director with the advice and consent of the City Council.

(§ 1, Ord. 79-9, eff. November 15, 1979)

It shall be the duty of the Disaster Council, and it is hereby empowered, to develop aid recommend for adoption by the City Council emergency and mutual aid plans arid 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, in his absence from the City or inability no call such meeting, upon the call of the vice-chairman.

(§ 1, Ord. 79-9, eff. November 15, 1979)

(a) The office of Director of Emergency Services is hereby created. The City Superintendent shall be the Director; provided, however, in the event the existing title of duties of the City Superintendent shall he changed, the City Council, by resolution, may appoint another City officer or employee to the office of Director.

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

(§ 1, Ord. 79-9, eff. November 15, 1979)

(a) The Director is hereby empowered to:

(1) Request the City Council to proclaim the existence or threatened existence of a "local emergency", if the City Council is in session, or 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 (7) 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 efforts of the Emergency Organization of the City for the accomplishment of the purposes of this chapter;

(4) 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; and

(5) Represent the City in all dealings with public or private agencies on matters pertaining to any emergency as defined in subsection (b) of Section 4-2.02 of this chapter.

(b) In the event of the proclamation of a "local emergency", as provided in subsection (a) of this section, 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 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, and 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 he 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 laws 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 powers under the regular office or position he holds within the City, all of the special powers conferred upon him by this chapter or by resolution or Emergency Plan pursuant hereto adopted by the City Council, and all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.

(c) The Director shall designate the order of succession to that office which shall 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.

(d) The Assistant Director, under the supervision of the Director and with the assistance of the emergency service chiefs, shall 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.

(§ 1, Ord. 79-9, eff. November 15, 1979)

All officers and employees of the City, together with those volunteer forces enrolled to aid them daring an emergency, and all groups, organizations, and persons who, by agreement or operation of law, including persons impressed into service under subsection (3) of subsection (b) of Section 4-2.06 of this chapter, may 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.

(§ 1, Ord. 79-9, eff. November 15, 1979)

The Disaster Council shall be responsible for the development of the City of Fowler Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency and for the organization, powers and duties, services, and staff of the Emergency Organization. Such plan shall take effect upon its adoption by resolution of the City Council.

(§ 1, Ord. 79-9, eff. November 15, 1979)

Any expenditure 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.

(§ 1, Ord. 79.9, eff. November 15, 1979)

It shall be a misdemeanor, punishable as provided in Chapter 2 of Title 1 of this Code, for any person during an emergency to:

(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 nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of the inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or

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

(§ 1, Ord. 79-9, eff. November 15, 1979)

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter are declared to be severable.

(§ 1, Ord. 79-9, eff. November 15, 1979)