Grass Valley Municipal Code Ch. 8.12 Emergency Services

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 this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

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 this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions, including conditions resulting from war or 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 and facilities of this city, requiring the combined forces of other political subdivisions to combat.

An emergency exists if the majority of the city council is unavailable. Such emergency shall continue until such time as there are a minimum of three council members available. As used in this chapter, "unavailable" means that a council member or other city official is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. Any question as to whether a particular council member is unavailable shall be settled by the city council, any remaining members of the council or the disaster council.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

The city disaster council is created and shall consist of the following three positions:

A. The mayor, who shall be chair;

B. The vice-mayor who shall be vice-chair;

C. City administrator;

D. If either the mayor and/or vice mayor is unavailable, the councilmember(s) with the most seniority shall serve on the city disaster council. If the mayor is unavailable, the vice mayor shall serve as chair. If the mayor and vice mayor are unavailable, the council member with the most seniority shall serve as chair;

E. If four or more council members are unavailable or the city administrator is unavailable, then the following positions will serve as replacements on the disaster council in the order listed;

1. Fire chief,

2. Director of public works/city engineer,

3. Director of community development,

4. Director of finance,

5. City attorney,

6. City clerk,

7. Human relations manager.

F. The city clerk or, if unavailable, the director of emergency services, shall notify individuals of their appointment to the disaster council and the provisions of this section.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

It is the duty of the disaster council, and it is 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 disaster council shall meet upon notice from the chair or the director of emergency services.

If the mayor and a majority of the city council are unavailable, the disaster council is empowered to proclaim a local emergency which shall remain in effect until the majority of city council is available. If the majority of the city council is unavailable, the disaster council is empowered to adopt emergency and mutual aid plans, approve agreements and take any other actions as necessary for the maintenance of order and to safeguard of the city, its residents and businesses.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

A. There is created the position of director of emergency services, who shall be the city manager.

B. There is created the position of assistant director of emergency services, who shall be appointed by the city manager if needed from the following list of persons:

1. Chief of police;

2. Fire chief;

3. Director of public works;

4. Community development director;

5. Finance director.

(Ord. 633 §§ 1 (part), 2 (part), 2003; Ord. No. 764-A, § 1, 11-10-2015; Ord. No. 816, § 5, 6-28-2022)

A. Under the general supervision of the city administrator, the director is 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 the mayor to issue such proclamation within seven days thereafter or the proclamation shall have no further force or effect;

2. Request the operational coordinator to initiate contact with the regional director of the office of emergency services authorizing assistance for mutual aid;

3. To control and direct the efforts of the emergency operations of the city, the incident command system, as outlined in the office of emergency services' guide for emergency operations, will be utilized;

4. Direct cooperation between, and 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. Report to and apprise the disaster council of the status of the emergency and all dealings with public or private agencies on matters pertaining to emergencies in this chapter;

6. In the event of the proclamation of a local 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 empowered;

a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, that such rules and regulations must be confirmed at the earliest practicable time by the city council, or the disaster council if the majority of city council is unavailable,

b. 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 of them and, if required immediately, to commandeer them for public use. Efforts shall be made to maintain an ongoing accounting of all expenditures and financial commitments throughout the emergency,

c. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in Nevada County or the existence of a state of war emergency, to command the aid of as many citizens of this city 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. To requisition necessary personnel or materials of any city department or agency, and

e. To execute all of his or her ordinary powers as director, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant to this chapter adopted the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council and by any other lawful authority.

7. Disaster commands and/or news release information shall be chronologically documented in writing within twenty-four hours, or sooner if practicable. If necessary, tape recorders may be used during implementation for later transcription;

8. The mayor, vice-mayor or available councilmember will be utilized to disseminate general emergency information to the news media. Releases of general emergency information shall be provided by the director of emergency services or his or her designee. Under the direction of the incident commander, the public information officer, a designated member of the command staff, is responsible for the preparation and release of technical emergency information about the incident to the news media;

9. The director shall be responsible to assure proper training of committee members so as to facilitate the interest of emergency preparedness;

10. In the event of other regional emergencies the director shall assure that a mission number has been obtained from the office of emergency services prior to committing to a mutual aid assistance plan.

B. The director of emergency services shall designate and publish the order of succession to that office, to take effect in the event the director or assistant director are unavailable to attend meetings and otherwise perform his or her duties during an emergency.

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.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

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 impressed into service under the provisions of Section 8.12.060A.6.c., 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. 633 §§ 1 (part), 2 (part), 2003)

The city disaster council shall be responsible for the development of the city 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 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. If the majority of city council is unavailable, the disaster council may adopt this plan.

(Ord. 633 §§ 1 (part), 2 (part), 2003)

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. 633 §§ 1 (part), 2 (part), 2003)

It is a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment 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 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 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 agency of the state.

(Ord. 633 §§ 1 (part), 2 (part), 2003)