Chapter 8.20 — Emergency Planning and Control

8.20.010 Emergencies generally--proclamation--authority.

• 8.20.020 Proclamation--Applicability.

• 8.20.030 Proclamation--Statutory authority.

• 8.20.040 Proclamation--Termination.

• 8.20.050 Additional orders.

• 8.20.060 Violation--Penalty.

• 8.20.070 Emergencies due to electrical energy shortage--proclamation--authority.

• 8.20.080 Proclamation--Review by council--Continuation or termination.

• 8.20.090 Authority to curtail or prohibit use of electricity.

• 8.20.100 Violation--Penalty.

Whenever, in the judgment of the mayor or in the event of his inability to act, the vice-mayor, or in the event of inability to act, the police commissioner, or in the event of his inability to act, any councilman, or in the event of his inability to act, the chief of police and thereafter any elected or appointed city official available to act, determines that an emergency exists as a result of mob action, civil disobedience, war, invasion, rebellion, riot or natural disaster causing danger or injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:

A. To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public vices, firemen, and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;

B. To order the closing of any business establishments anywhere within the city for the period of the emergency, such business to include, but not limited to, those selling intoxicating liquors, cereal malt beverages, gasoline, or firearms;

C. To designate any public street, thoroughfare, or vehicle parking areas closed to motor vehicles and pedestrian traffic;

D. To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city.

(Ord. 240 § 1, 1970).

The proclamation of emergency provided for in this article shall become effective upon its issuance and dissemination to the public.

(Ord. 240 § 2, 1970).

A proclamation made pursuant to this article shall constitute a calamity under Penal Code Section 409.5, which shall be the authority for the chief of police to take the steps therein provided and authorized and pursuant to authority of this article; and the chief's power shall be construed to extend to cover, in addition to the calamities enumerated in the section, riot, unlawful assembly and rebellion.

(Ord. 240 § 7, 1970).

Any emergency proclaimed in accordance with the provisions of this article shall terminate upon the issuing of proclamation deeming that an emergency no longer exists.

(Ord. 240 § 3, 1970).

In addition to the powers created in this article, the most senior official as enumerated in Section 8.24.010 who proclaims the emergency can issue all

orders which he deems eminently necessary for the protection of life and property including, but not limited to, the preventing of unauthorized persons from entering the city during such time as the curfew is in effect.

(Ord. 240 § 6, 1970).

Any person who wilfully fails or refuses to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized in this article shall be deemed guilty of a misdemeanor.

(Ord. 240 § 4, 1970).

The mayor, or in his absence or inability to act, the mayor pro tem, or in his absence or inability to act, the director of public works is authorized to proclaim a local emergency under the California Emergency Services Act when and if he determines that there exists a condition of disaster or of extreme peril to the safety of persons and property within the territorial limits of this city caused by sudden and severe electrical energy shortage, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city and require the combined forces of other political subdivisions to combat.

(Ord. 321, § 1, 1978).

Each and every proclamation shall be immediately reported to the members of this council, and justification therefor in writing supplied as promptly as possible. This council shall review from time to time, as necessary, and at least every fourteen days until such local emergency is terminated, the need for continuing such local emergency; and council shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

(Ord. 321 § 2, 1978).

During the existence of any local emergency, the mayor, or in his absence or inability to act, the mayor pro tem, or in his absence or inability to act, the director of public works, may curtail and prohibit any use of electricity by any department or function of the city, or any customer of the city, either individually or by classifications, to the extent necessary to alleviate the conditions which comprise the local emergency.

(Ord. 321 § 3, 1978).

Violation of any of the provisions of this article in times of declared emergencies is declared a misdemeanor and shall be punishable as such. Further in this regard, it shall be a misdemeanor 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 article, or in the performance of any duty imposed upon him by virtue of this article;

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

(Ord. 321 § 4, 1978)