Hemet Municipal Code Ch. 26 Civil Emergencies

Footnotes:

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Cross reference— Administration, ch. 2.

State Law reference— California Emergency Services Act, Government Code § 8550 et seq.; local disaster councils, Government Code § 8610; certification of local disaster councils, Government Code § 8612.

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 an emergency; to provide for the direction of the emergency organization; to provide for the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons; and to provide for the continuity of government.

(Ord. No. 1076; Code 1984, § 3100)

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 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 or earthquake, or other conditions, including 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 the city, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 1076; Code 1984, § 3101)

Cross reference— Definitions and rules of construction generally, § 1-2.

Editor's note— Ord. No. 1914, § 1, adopted Feb. 9, 2016, repealed § 26-3 entitled "Disaster planning commission—Established; membership", which derived from Ord. No. 1107; Ord. No. 1361; Code 1984, § 3102; Ord. No. 1486, § 1, adopted Jan. 25, 1994; Ord. No. 1559, § 1, adopted Apr. 22, 1997; and Ord. No. 1878, § 1, adopted Mar. 25, 2014.

Editor's note— Ord. No. 1914, § 1, adopted Feb. 9, 2016, repealed § 26-4 entitled "Same—Powers and duties; meetings", which derived from Ord. No. 1107; Code 1984, § 3103; and Ord. No. 1486, § 2, adopted Jan. 25, 1994.

(a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.

(b) There is hereby created the office of assistant director of emergency services, who shall be the assistant city manager.

(c) There is hereby created the office of deputy director of emergency services, who shall be the fire chief.

(Ord. No. 1361; Code 1984, § 3104)

(a) The director of emergency services 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 a 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.

(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) Represent the 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 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 emergency:

a. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council;

b. Obtain vital supplies, equipment and other such 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, commandeer the property for public use;

c. Require emergency services of a city officer or employee and, in the event of the proclamation of a state of emergency in the county in which the city is located or the existence of a state of war emergency, 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. Requisition necessary personnel or material of any city department or agency; and

e. Execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan adopted pursuant to this chapter 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.

(b) If the director is unavailable to attend meetings and otherwise perform his duties during an emergency, the following officials of the city shall serve in the order listed as the acting director, until such time as the director is available or until the city council appoints another director:

(1) Assistant city manager.

(2) Fire chief.

(3) Police chief.

(4) Public works director.

(c) The assistant director shall, under the supervision of the director and with the assistance of the deputy director, emergency service chiefs and the emergency services coordinator, 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.

(d) All department heads of the city not specifically mentioned elsewhere in this chapter are hereby designated as emergency service chiefs of their respective areas of organizational responsibility.

(Ord. No. 1361; Code 1984, § 3105)

All officers and employees of the 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 be charged with duties incident to the protection of life and property in the city during such emergency, including persons impressed into service under the provisions of subsection 26-6(a)(6)c, shall constitute the emergency organization of the city.

(Ord. No. 1076; Code 1984, § 3106)

The 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.

(Ord. No. 1107; Code 1984, § 3107)

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. No. 1076; Code 1984, § 3108)

For the purpose of this chapter, the line of succession for key personnel of the government of the city shall be as follows:

(1) For the mayor, the successor shall be the vice-mayor, followed by the remaining councilmembers in the order of their seniority, excluding standby successors.

(2) For councilmembers, pursuant to Government Code § 8638, the city council shall appoint three standby successors for each member of the council.

(3) For other elected officials, the line of succession shall be in order of descending authority among existing subordinates and thereafter as provided by the city council.

(4) For other city department heads, the line of succession shall be in order of descending authority among existing subordinates and thereafter as provided by the city council.

(Ord. No. 1076; Code 1984, § 3109)

Each person who shall succeed to each position of office within a city department pursuant to this chapter shall succeed to all the powers and duties of the office succeeded to immediately upon such succession.

(Code 1984, § 3110)

(a) 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 him 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 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 the city, or to prevent, hinder or delay the defense or protection thereof.

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

(b) Any person convicted of violating the provisions of this chapter shall be punished in accordance with section 1-8.

(Ord. No. 1076; Code 1984, § 3111)