Gustine Municipal Code Ch. 4 Emergency Management

Footnotes:

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State Law reference— California Emergency Services Act, Government Code § 8550 et seq.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, complications resulting from the year 2000 problem, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the state public utilities commission.

Emergency services means preparation for and implementation of functions (other than functions for which military forces are primarily responsible) to prevent, minimize, and repair injury and damage resulting from natural, manmade, or war-caused disasters. These functions include firefighting, police, medical and health, rescue, first aid, warning, communications, evacuation, resource management, plant protection, restoration of public utility services, and other functions related to preserving the public health, safety, and welfare.

(Code 1966, § 4-1.02; Ord. No. 418, § I(4-1.02), 8-6-2001)

State Law reference— Definitions, Government Code § 8555 et seq.

The declared purpose of this chapter is to establish the legal and organizational basis for operations in the city in response to any type of disaster or large-scale emergency situation. It assigns broad responsibilities to local government agencies and support organizations for disaster mitigation, preparedness, response, and recovery. These responsibilities are generally extensions of normal, day-to-day functions involving the same personnel and material resources. Supporting plans set forth the concepts and procedures whereby the city can effectively apply available resources during peacetime and war cause disasters. Effective use of resources will ensure that casualties and property damage will be minimized and that essential services will be restored as soon as possible following such an emergency or disaster situation.

(Code 1966, § 4-1.01; Ord. No. 418, § I(4-1.01), 8-6-2001)

(a) The city disaster management team is hereby created and shall consist of the following:

(1) The mayor, who shall be chair.

(2) The director of emergency services, who shall be vice-chair.

(3) A deputy director of emergency services.

(4) Such chiefs and/or department heads as are provided for in this emergency plan.

(5) Such representatives of civic, business, labor, or other organizations having an official emergency responsibility or volunteer emergency responsibility as may be appointed by the disaster management team.

(b) It shall be the duty of the city disaster management team, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements. It shall further bring before the city council such resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster management team shall meet upon the call of the chair or designee.

(Code 1966, §§ 4-1.03, 4-1.04; Ord. No. 418, § I(4-1.03, 4-1.04), 8-6-2001)

State Law reference— Local disaster councils, Government Code § 8610 et seq.

(a) The city manager shall be designated the director of emergency services.

(b) The deputy director of emergency services shall be appointed by the director.

(c) The director of emergency services 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 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 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 effort of the emergency organization of the city for the accomplishment of the purposes of this chapter, including convening the disaster management team as needed;

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

(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

(6) In the event of 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," or by the county health official regarding a public health emergency applicable to the City of Gustine, 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, however, such rules and regulations must be ratified at the earliest practicable time by the city council;

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 thereof and, if required immediately, to commandeer the same for public use;

c. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community 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 execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter as director of emergency services or by resolution or emergency response plan adopted by the city council, and by any other lawful authority;

e. The director of emergency services may 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 duties during an emergency. Such order of succession shall be approved by the city council.

(Code 1966, §§ 4-1.05, 4-1.06; Ord. No. 418, § I(4-1.05, 4-1.06), 8-6-2001; Ord. No. 505, § 2, 4-7-2020)

The city disaster management team shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all available city resources, both public and private, to meet any conditions constituting a designated emergency. Such plan shall take place upon adoption by resolution of the city council.

(Code 1966, § 4-1.07; Ord. No. 418, § I(4-1.07), 8-6-2001)

The California Emergency Services Act (Government Code § 58550 et seq.) provides that emergency services organizations and operations will be structured around existing constitutional government. The city organization for emergency operations consists of existing government departments and private emergency response organizations along with all groups, organizations, and persons who may by agreement or operation under law, be charged with duties incident to the protection of life and property in this city during any declared emergency.

(Code 1966, § 4-1.08; Ord. No. 418, § I(4-1.08), 8-6-2001)

Any expenditures made in connection with an emergency activity, including mutual aid activities, shall be conformed to the requirements of Government Code § 8607(a) for emergency response and disaster management and shall be deemed for the benefit and protection of the inhabitants and property of the city.

(Code 1966, § 4-1.09; Ord. No. 418, § I(4-1.09), 8-6-2001)

It shall be a misdemeanor for any person during an emergency to:

(1) 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 such person by virtue of this chapter.

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of a nature that would imperil the lives or property of the inhabitants of this city, county, state, or country.

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

(Code 1966, § 4-1.10; Ord. No. 418, § I(4-1.10), 8-6-2001)

State Law reference— Local emergency regulations, Government Code §§ 8634, 8655.