Imperial County Municipal Code Ch. 2.104 Civil Defense and Emergency Services

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the county in the event of an emergency and for coordination of emergency functions in the county with other public agencies, corporations, organizations, and affected private persons.

(Prior code § 52100)

(Ord. No. 1506, § 1, 8-11-15)

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 the county 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 county, requiring the combined forces of other political subdivisions to combat.

(Prior code § 52101)

(Ord. No. 1506, § 1, 8-11-15)

In accordance with Section 8610 of the Government Code of the state of California, the Imperial County Disaster Council is created and shall consist of the following:

A. The chairperson of the board of supervisors, or his or her designee, who shall serve as the chairperson of the disaster council;

B. The assistant director of emergency services, or his or her designee, who shall serve as the vice-chairperson of the disaster council;

C. A designee of the Imperial County Office of Emergency Services, who shall serve as the secretary of the disaster council;

D. The following county employees, or their designees, who shall be members:

1. Fire chief;

2. Sheriff;

3. Director of social services;

4. Director of behavioral health;

5. Director of planning and development services;

6. Director of public works;

7. Agricultural commissioner;

8. Director of public health;

9. Deputy director of the division of environmental health;

10. Preparedness manager of emergency medical services/bioterrorism; and

11. Office of emergency services—Deputy emergency services coordinator.

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be nominated by the disaster council and approved by the board of supervisors.

(Prior code § 52200)

(Ord. No. 1506, § 1, 8-11-15)

A. The disaster council shall have the power to:

1. Develop and recommend for adoption by the board of supervisors emergency and mutual aid plans and agreements, and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements;

2. Evaluate the potential needs within the operational area and facilitate planning, preparedness, response, and recovery from identified hazards;

3. Coordinate and facilitate emergency management and disaster-related training and exercises with the operational area;

4. Foster communication among the operational area;

5. Facilitate the utilization of emergency management grants;

6. Create standing subcommittees, task forces, and ad hoc committees as are necessary to assist in carrying out the powers and duties stated in this section; and

7. Provide periodic reports to the board of supervisors of the disaster council and its standing subcommittees, task forces, and ad hoc committees.

B. The disaster council shall meet quarterly on dates/times that are determined by the chairperson of the disaster council. Meetings shall commence upon call of the chairperson or, in his or her absence from the county or inability to call such meeting, upon call of the vice-chairperson.

(Prior code § 52201)

(Ord. No. 1506, § 1, 8-11-15)

A. There is created the office of director of emergency services. The chairperson of the board of supervisors, or his or her designee, shall be the director of emergency services.

B. The Imperial County Fire Chief, or his or her designee, shall be the assistant director of emergency services.

(Prior code § 52300)

(Ord. No. 1506, § 1, 8-11-15)

A. The director of emergency services is empowered to:

1. Request the board of supervisors to proclaim the existence or threatened existence of a local emergency if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, the board of supervisors 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 efforts of the emergency organization of this county for the accomplishment of the purposes of this chapter;

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

5. Represent the county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and

6. In the event of the proclamation of a local emergency as herein provided, 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 to:

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, such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors;

b. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof and, if required immediately, to commandeer the same for public use;

c. Require emergency services of any county officer or employee, and in the event of the proclamation of a state of emergency in the county, or the existence of a state of war emergency, to command the aid of as many citizens of this county as be or she deems 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. To requisition necessary personnel or materials of any county department or agency; and

e. To execute all of the special powers conferred upon him or her by this chapter, by any ordinance, resolution, emergency plan, or agreement adopted or approved by the board of supervisors, by any federal, state or local law, and by any other lawful authority.

B. The assistant director of emergency services shall have the powers and duties as may be assigned by the director.

C. Should the director of emergency services become unavailable, the vice-chairperson of the board of supervisors, or his or her designee, shall serve as standby director. Should the director of emergency services and vice-chairperson of the board of supervisors both become unavailable, the assistant director of emergency services shall serve as standby director. Should all of the above-mentioned individuals become unavailable, the county executive officer and the assistant fire chief, or their designees, shall standby as director and assistant director of emergency services, respectively.

(Prior code § 52301)

(Ord. No. 1506, § 1, 8-11-15)

A. In accordance with Section 8638 of the Government Code of the state of California, and to provide for the continuance of governmental functions of the county of Imperial during a state of war emergency, or a state of emergency or a local emergency, each member of the board of supervisors shall appoint up to three standby officers to act as a successor for that member of the board, should that board member become unavailable.

1. Standby officers shall be appointed yearly.

2. If more than one standby officer is appointed by a board member, the standby officers shall be designated as successor 1, 2, and 3. Standby officers shall succeed their board member based on their designation.

3. Should the chairperson of the board of supervisors become unavailable, the duties of chairperson shall not pass to the standby officer for that supervisor, but shall pass to the vice-chairperson of the board of supervisors. Should the chairperson and vice-chairperson of the board of supervisors both become unavailable, the duties of the chairperson shall pass to the remaining elected board member with the longest seniority on the board. If no elected board member is available, the duties of the chairperson shall pass to such standby supervisor as is chosen by the standby board of supervisors.

4. Should the chairperson of the board of supervisors be the director of emergency services and become unavailable, the powers and duties of the director shall not pass to the successor of the chairperson designated in section 2.104.070.A.3. Successors for the director of emergency services are designated by section 2.104.060.C.

B. Other Offices. Each elected official and county department head in the county of Imperial shall designate in writing standby personnel so as to maintain continuity of government services within his or her office or department. A copy of such written designation shall be filed with both the clerk of the board of supervisors and the assistant director of emergency services, and shall be updated as appropriate.

C. In accordance with Section 8636 of the Government Code of the state of California, the term "unavailable," as used in this chapter, means that an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. The board of supervisors, or any remaining available members of the board of supervisors, including standby officers who are serving on the board, shall settle any question as to whether a particular officer is unavailable.

D. Service as a standby officer shall be in an ex officio capacity as a part of the primary duties of the officers and employees so designated. As such, no change in compensation or employment status shall be engendered by service as a standby officer.

E. As required by Section 8640 of the Government Code of the state of California, each person holding a position designated as a standby officer shall take the oath of office required for the position for which he or she has been selected as a successor. Persons acting in the interim or in temporary capacities in positions designated as standby officers shall not take the oath of office and shall not assume the standby duties designated in this case the next designated successor shall assume the standby office.

F. Provisions of Section 8635 through 8644 of the Government Code of the state of California shall apply to standby officers.

(Prior code52302}

(Ord. No. 1506, § 1, 8-11-15)

All officers and employees of the county, 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 2.104.060.A.6.c, charged with duties incident to the protection of life and property in the county during such emergency, shall constitute the emergency organization of the county of Imperial.

(Prior code § 52400)

(Ord. No. 1506, § 1, 8-11-15)

The Imperial County Disaster Council shall provide for the effective mobilization of all of the resources of this county, 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 board of supervisors.

(Prior code § 52401)

(Ord. No. 1506, § 1, 8-11-15)

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 county of Imperial.

(Prior code § 52402)

(Ord. No. 1506, § 1, 8-11-15)

It shall be a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local emergency to:

A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule of 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 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 on inhabitants of this county, or to prevent, hinder, or delay the defense or protection thereof; or

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

(Prior code § 52403)

(Ord. No. 1506, § 1, 8-11-15)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 1506, § 1, 8-11-15)