Guadalupe Municipal Code Ch. 2.32 Disaster Planning and Organization

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 of Guadalupe 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, corporation, organizations and affected private persons.

(Ord. 42 §1, 1951; Ord. 90-291)

As used in this chapter:

"Emergency services"

shall mean preparation for and 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 emergencies or disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

"Emergency"

shall mean the actual or threatened existence of conditions of emergency 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, earthquake, hazardous materials or conditions resulting from war or imminent threat of war.

"Disaster"

shall mean the actual or threatened existence of an emergency condition(s) which is (are), or 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.

(Ord. 42 §1, 1951; Ord. 90-291)

The City of Guadalupe Emergency Services Council is hereby created and shall consist of the following:

A. The City Administrator, who shall be chair.

B. The Coordinator of Emergency Services, who is directly responsible to the Director for the development and maintenance of emergency plans, organization and coordination of emergency programs and training to include volunteers, and such other duties as may be assigned by the Director.

C. The Fire Chief and Chief of Police who shall be designated as Assistant Directors of Emergency Services.

D. Such representative of City departments or divisions as are provided by resolution pursuant to this chapter.

E. Such representatives of civic, business, labor, veterans, professional or other such organizations having an official emergency services responsibility as may be appointed by the City Administrator with the consent of the City Council.

(Ord. 42 §3, 1951; Ord. 90-291)

It shall be the duty of the Guadalupe Emergency Services Council, and it is hereby empowered, to review and recommend for adoption by the City Council emergency preparedness and mutual aid plans and agreements and such ordinances and resolution and rules and regulations as are necessary to implement such plans and agreements. The Emergency Services Council shall meet upon call of the chair or in his or her absence from the City or inability to call such a meeting, upon the call of the vice chair or the next member designated in the order of succession.

(Ord. 42 §4, 1951; Ord. 90-291)

The Office of Director of Emergency Services is hereby created. The City Administrator shall be the Director of Emergency Services. The Director is hereby empowered to:

A. Request the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time.

B. Request the Governor to proclaim a "state of emergency" or a "state of extreme emergency" when in the opinion of the Director the resources of the area or region are inadequate to cope with the disaster.

C. Designate the order of succession to the Director of Emergency Services, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency.

D. Control and direct the efforts of the emergency services organization of this City for the accomplishment of the purposes of this chapter.

E. Direct coordination and cooperation between City departments, divisions and staff of the emergency services organization of this City and to resolve questions of authority and responsibility that may arise between them.

F. Represent the emergency services organization of this City in all dealings with public or private agencies pertaining to emergency services.

(Ord. 42 §5, 1951; Ord. 90-291)

In the event of the proclamation of a "local emergency" or disaster, as provided in this chapter, as herein provided, or the proclamation of a "state of emergency" or a "state of extreme emergency" by the Governor or by the Director of the California Office of Emergency Services, 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 disaster; provided, however, such rules and regulations must be confirmed at the earliest practical possible time by the City Council.

B. Obtain vital supplies, equipment and such other property 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" in Santa Barbara County or in the existence of a "state of war emergency," 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 workers.

D. Requisition necessary personnel of material of any City department or agency.

E. Execute all of his or her ordinary powers as City Administrator, all of the special powers conferred upon him or her by this chapter, 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; exercise complete authority over the City, and to exercise all police power vested in the City by the Constitution and general laws of the State of California.

(Ord. 42 §6, 1951; Ord. 90-291)

A. All officers and employees of this City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organization and persons who may by agreement or operation of law, including persons pressed into service under provisions of the section above, who may be charged with duties incident to the protection of life and property in this City during an emergency or disaster, shall constitute the emergency services organization of the City of Guadalupe.

B. The City Council shall prescribe by resolution the form of organization, the assignment and designation of functions, duties and powers of officers, employees and special staff. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the counterpart emergency and disaster agencies of the federal government and the State of California.

(Ord. 90-291)

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. 90-291)

It shall be a misdemeanor punishable by a fine and/or imprisonment in accordance with the general penalty provision of Chapter 1.08 for any person, during a disaster, 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 and regulations 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 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. 42 §9, 1951; Ord. 86-271 §14; Ord. 90-291)

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 of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. 90-291)