Isleton Municipal Code Ch. 5.40 Emergency Preparation

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 city in the event of emergency; to provide for the coordination, unification or consolidation of the emergency functions of this city with all other political jurisdictions, public agencies, corporations, organizations and persons. Any expenditures made in connection with such 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. 230)

In enacting this chapter, it is recognized that the primary responsibility for preparedness in coping with emergency conditions within the city rests with the city council, the mayor, and the fire chief/public works director.

(Ord. No. 230)

As used in this chapter:

A. 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, civil disturbance, earthquake or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of city requiring the combined forces of other political subdivisions to combat.

B. City means the City of Isleton.

C. Director means the fire chief/public works director the his designee.

(Ord. No. 230)

There is created the position of city director of emergency operations. The director shall be the fire chief/public works director. The director's powers and duties are to:

A. Coordinate the activities of all emergency services both in pre-emergency planning, during and emergency, and in post-emergency activities.

B. Represent the city in all dealings with public or private agencies pertaining to emergency planning.

C. Organize and develop the city emergency program working together with the departments of local government, volunteer groups and individuals.

D. Administer the city emergency operations office.

E. Prepare an annual budget and submit such budget to the city council at the time specified.

F. Prepare and maintain the basic emergency operations plan for the city and submit such plan to the disaster commission for review in consistency with the state and national emergency plans.

G. Assist service chiefs in the preparation of emergency operating instructions; review, modify as necessary, and approve agency/department emergency operating instructions.

H. Prepare and submit all reports required by the emergency agencies of the federal government and the state.

I. Designate alternate coordinates who shall, respectively, have all of the powers and duties of the director for designated areas as assigned.

J. Control and direct the program of Isleton for the accomplishment of the purposes of this chapter.

K. Request the governor, through the city council, to proclaim the existence of an "emergency" when, in the opinion of the director, the resources of the city are inadequate to cope with an emergency. Such a request may be made directly to the governor in the event the city council are not available.

L. Issue rules, regulations and orders in advance of emergency which the director considers necessary for the protection of life and property. Such rules, regulations and order issued by the director shall be ratified by the city council at the earliest practicable time. Such rules, regulations and order shall be given wide spread publicity and notice by the director. Rules, regulations and orders issued by the director under authority of this section shall not become operative until the emergency is in effect. Such rules, regulations and orders shall be in writing and shall be filed with the office of the city clerk. Rules, regulations and orders issued by the director under the authority of this section shall, after the ending of the emergency period, have no further force or effect.

(Ord. No. 230)

In the event of a duly proclaimed local emergency, state of emergency or state of war emergency, the director shall have the power during the existence of such emergency conditions to:

A. Effectuate the provisions of any emergency operation plan established pursuant to this chapter and to carry out any order or regulations adopted by the city council. Rules or regulations not in protection of life or property provided in such emergency rules or regulations shall be ratified at the earliest practicable time by the city council.

B. Require the emergency services of any city officer or employee and to requisition the aid of as many citizens within the city as he deems necessary in the execution of his duties, such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency service volunteers.

C. Requisition private property deemed by him necessary in carrying out his responsibilities.

D. Execute all of the director's ordinary powers and all of the special powers conferred upon him by this chapter or by resolution adopted by the city council pursuant thereto and to be responsible for exercising emergency control over the city. To facilitate the exercise of such unified emergency control, all police power vested in the city council by the Constitution and general laws may be prudently exercised by the director.

During the existence of a state of war emergency the legally constituted authority of Isleton shall be subordinate to the governor of the state and the President of the United States.

(Ord. No. 230)

A. The mayor, or in his absence, the vice mayor, or in their absence the director, is empowered to proclaim a state of emergency in Isleton when he finds that the circumstances described in section 5.40.030 exist. Any such emergency shall be subject to the ratification and review requirements of California Government Code section 8630.

B. In the event of a duly proclaimed state of local emergency, the mayor, the vice mayor or the director shall have the power during the existence of such emergency conditions to:

1. Issue any rules or regulations, including, but not limited to, the imposition of curfew, when essential to the immediate protection of life and property. Such rules or regulations shall be confirmed at the earliest practicable time by the city council.

2. Require the emergency services of any officer or employee of the city and to requisition the aid of as many citizens within the city 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 emergency service volunteers.

3. Order into service necessary property or material from any city department or agency, and in addition, requisition private property or material deemed by him necessary in carrying out his responsibilities, for which the city shall pay a reasonable value thereof.

4. To execute all ordinary powers, all special powers conferred upon him by this chapter or by resolution adopted pursuant thereto and to be responsible for and exercise emergency control over the city. To facilitate the exercise of such unified emergency control, all police powers vested in the city council by the constitution and general laws may be exercised by the mayor, the vice mayor or the director.

(Ord. No. 230)

All officers and employees of the city; all officers and employees of public districts or other local government agencies authorized by law within Isleton, 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 such persons impressed under the provisions of this chapter, be charged with the duties incident to the protection of life and property in the city during such emergency, shall constitute the Isleton emergency organization. The functions and duties of the organization shall be established and included within the emergency plans adopted by the city council.

Heads of agencies and departments of the city shall consider the emergency functions associated with their departments as part of their responsibilities. Such responsibilities include, but are not limited to the preparation and maintenance of written plans when requested by the director to be submitted to him for adoption by the city council, training of personnel within their departments with respect to their duties under such plans, and any other pre-emergency preparations to prevent or minimize the effect of an emergency. They shall supervise the activities of their agencies and departments during the emergency and post-emergency periods in accordance with the basic Isleton emergency operations plan.

(Ord. No. 230)

All public and private agencies, within Isleton, and all officers and employees of such agencies shall cooperate with the city council and the director in rendering all public assistance in carrying out the provisions of this chapter.

(Ord. No. 230)

It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person during a disaster:

A. Willfully to obstruct, hinder or delay any member of the Isleton 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.

B. To do any act forbidden by any lawful rules or 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 Isleton, or to prevent, hinder or delay the defense or protection thereof.

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

(Ord. No. 230)