Kern County Municipal Code Ch. 2.66 Emergency Services

The purpose of this chapter is to implement the California Emergency Services Act (Government Code Sections 8550 et seq.) by and for the county of Kern and to provide for the preparation and carrying out of plans for the protection of persons and property within the county of Kern in the event of the emergency or disaster conditions hereinafter referred to; the direction of the emergency organization; and, the coordination of the disaster functions of the county of Kern with all other public agencies, corporations, organizations, and affected private persons.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. G-8747, § 2, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

The general definitions contained in the California Emergency Services Act shall apply to this chapter. The following additional definitions shall govern the interpretation of this chapter unless the context clearly indicates otherwise.

A. "Coordination" means the pursuit of a cooperative effort which results in the resolution of intra-county and inter-jurisdictional concerns.

B. "Command" means giving direction or providing leadership and implies both authority and responsibility for actions taken.

C. "Control" means to direct or guide an action, activity or program.

D. "Continuity of government" means all measures that may be taken to ensure the continuity of essential functions of governments in the event of emergency conditions, including lines of succession for key decision makers.

E. "Planning" means the development of a method, scheme or design for the achievement of an objective.

F. "Emergency management" means preparation for and coordinated response to any natural or human-made peril which endangers life or property (including war and threat of war). It specifically excludes those situations where martial law is invoked and does not apply to any condition resulting from a labor controversy.

G. "Kern County emergency council" shall be the local disaster council as defined in the California Emergency Services Act, Government Code Section 8610.

H. "Kern County emergency management group" shall be the "Kern County emergency council" during times of locally declared emergencies and shall, in addition, perform operational area responsibilities as specified in the California Emergency Services Act, Government Code Section 8605, and those responsibilities in Section 2.66.060 of the Kern County Ordinance Code.

I. "Kern County operational area" shall be the county of Kern.

J. "Lead agency" shall have the meaning of lead agency used in Title 19, Section 2409(d) of the California Code of Regulations.

K. "Kern County operational area advisory committee" shall consist of membership defined by agreement number 475-95 to include county, cities, superintendent of schools, Kern County water agency and three (3) members-at-large selected by advisory committee from districts who are parties to the agreement. It shall be the responsibility of the advisory committee to develop recommendations, if any, as to the policies and procedures for the operation of the Kern County operational area emergency management organization and, through the county office of emergency services, present any such recommendations to the Kern County emergency council for adoption. The Kern County emergency council may act even though there is no recommendation from the committee on any given matter.

L. "Multi-agency or inter-agency coordination" means the participation of agencies and disciplines involved at any level of the SEMS organization working together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of critical resources and the prioritizations of incidents.

M. "Operational area level" means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each county geographic area is designated as an operational area. An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state's emergency operation centers and the operation centers of the political subdivisions comprising the operational area, as defined in Government Code Subsection 8559(b) and Section 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.

N. "Public health emergency" means an occurrence or imminent threat of an illness or health condition that is believed to be caused by any of the following:

1. Bioterrorism;

2. The appearance of a novel or previously controlled or eradicated infectious agent of biological toxin;

3. A chemical attack; or

4. An intentional or accidental release of chemicals which creates a hazardous materials event.

And that poses a high probability of any of the following:

1. A large number of deaths in the affected population;

2. A large number of serious or long-term disabilities in the affected population; or

3. A widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

O. "Standardized emergency management system (SEMS)" means a standardized response to emergencies involving multiple jurisdictions or multiple agencies. It is based upon and uses the principles and components of emergency management including ICS, multi-agency coordination, operational area concept, and established mutual aid systems.

P. "Standby successors" means those standby officers as defined by Government Code Section 8638 et seq., which have been appointed by the board of supervisors to fill the positions of the board of supervisors should one (1) or more of its members become unavailable (as defined by Government Code Section 8636) during a state of war emergency, state of emergency, or local emergency.

(Ord. G-6202 § 2, 1995; Ord. G-5217 § 2 (part), 1990)

(Ord. No. G-8747, § 2, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

A. The functions, responsibility and resources of the office emergency services shall be under the fire department. The fire chief shall be the director of emergency services for Kern County and shall be responsible for the coordination of planning and control of declared emergency response activities therein. The director of emergency services may designate an emergency services manager or other staff to accomplish assigned responsibilities. Command of Kern County emergency response personnel will remain with individual department director in all situations.

B. There is created the Kern County emergency council which shall be the local disaster council as provided by Government Code Section 8610 of the California Emergency Services Act and as defined by Labor Code Section 3211.9 et seq.

C. The Kern County emergency council shall be composed of the following members or their designees:

1. Director of emergency services (the fire chief), who shall be chairman;

2. Sheriff-coroner, who shall be vice-chairman;

3. County administrative officer;

4. Director of public health services;

5. Director of public works;

6. Chief general services officer;

7. Director of human services;

8. Director of behavioral health and recovery services department;

9. Director of aging and adult services department;

10. Agricultural commission/county sealer; and

11. Director of animal services department.

D. The chairman of the board of supervisors, county counsel, the emergency services manager, the Kern County fire department public information officer, public health officer, public health manager-EMS, chief human resources officer, public works building official, director of environmental health, and the Kern County operational area advisory committee chair or their designees, shall be nonvoting members of the council. A quorum requires six (6) voting members or their designee. The Kern County emergency council automatically becomes the Kern County emergency management group when a local emergency is proclaimed.

E. To ensure continuity of emergency management, should the director of emergency services (the fire chief) be out of county or incapacitated and unable to perform his duties, the member next in line as indicated in this section shall automatically assume the chairmanship.

F. Should the director of emergency services (the fire chief) be out of the county or incapacitated and unable to perform his duties, the sheriff-coroner shall automatically assume the duties of director of emergency services. If the sheriff-coroner is unable to perform these duties, the designee of the fire chief shall automatically assume the duties of director of emergency services. If the designee of the fire chief is unable to perform these duties, the designee of the sheriff-coroner shall automatically assume the duties of director of emergency services. If the fire chief, sheriff-coroner and both of their designees are out of the county or incapacitated, the member of the emergency management group in line after the sheriff-coroner, as indicated in this section, shall automatically assume the duties of director of emergency services. That person automatically taking the duties of director of emergency services shall have all the power and authority of the director of emergency services. This role shall be relinquished upon the return of the director of emergency services (the fire chief) or the next higher person on the list, or an appointment of a successor by the board of supervisors.

G. All county members of the emergency organization herein assigned shall serve without additional compensation over and beyond that received by virtue of their normal county administrative and departmental positions.

(Ord. G-7769 §§ 2, 3, 2008; Ord. G-6940 § 2, 2002; Ord. G-6785 §§ 4,5, 2001; Ord. G-6267 §§ 14, 15, 1995; Ord. G-6202 § 4, 1995; Ord. G-5857 § 2, 1992: Ord. G-5217 § 2 (part), 1990)

(Ord. No. G-8006, § 6, 1-26-10; Ord. No. G-8035, § 13, 4-20-10; Ord. No. G-8453, § 2, 12-10-13; Ord. No. G-8747, § 2, 1-9-18; Ord. No. A-368, § 8, 2-11-20; Ord. No. G-9360, § 2, 11-4-25)

A. The Kern County emergency council shall develop and recommend for adoption by the board of supervisors basic emergency and mutual aid plans and agreements and such ordinances and resolutions, rules and regulations as are necessary to implement such plans within the county of Kern. The director of emergency services shall be empowered to update existing plans and agreements and approve the addition of contingency plans to the basic plan, subject to review by the Kern County emergency council. The emergency council shall meet upon call of the chairman or, in his absence from the county or inability to call such meeting, upon call of the vice-chairman. The council shall meet no less than quarterly to review the general progress of emergency planning within Kern County.

B. The chief administrative officer, in the absence of the board of supervisors (in session), is empowered to proclaim the existence or threatened existence of a local emergency and request the Governor to proclaim a state of emergency, such actions to become void if not ratified by the board of supervisors within seven (7) days thereafter. If the chief administrative officer is unavailable, in the absence of the board of supervisors (in session) the director of emergency services is empowered to proclaim the existence or threatened existence of a local emergency and request the Governor to proclaim a state of emergency. Such actions by the chief administrative officer or director of emergency services become void if not ratified by the board of supervisors within seven (7) days thereafter.

C. The Kern County emergency management group will be convened on the call of the chairman or vice chairman whenever a situation develops requiring a local declaration of emergency. This group will directly support the director of emergency services in the emergency management process.

D. The director of emergency services shall command the emergency organization of the county of Kern, shall represent the county in dealings with private or public agencies pertaining to emergencies and, in the absence of the board of supervisors (in session) and the chief administrative officer, is empowered to proclaim the existence or threatened existence of a local emergency, said proclamation to become void if not ratified within seven (7) days thereafter by the board of supervisors. Such proclamation shall be reviewed by the board at least every fourteen (14) days and terminated at the earliest practicable time. 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, the director of emergency services is empowered to:

1. 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. Members of the board of supervisors will be briefed on specific problems within their districts on an individual basis;

2. Recommend that the chairman of the board of supervisors request the Governor to proclaim a state of emergency when, in the opinion of the director, locally available resources are inadequate to cope with the emergency, and recommend that the chief administrative officer initiate such a request when the chairman is unavailable;

3. Command the emergency organization of the county of Kern for the accomplishment of the purposes of this chapter. It is intended that the integrity of command and chain of command shall remain intact on the part of any elected or appointed official over the forces assigned him in the normal governmental structure, except that the responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of personnel and equipment provided him through mutual aid;

4. Resolve immediately questions of authority and responsibility that may arise within the emergency organization;

5. 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;

6. Require or delegate the power to require emergency services of any county officer or employee and to command the aid of as many citizens of this county as he deems necessary in the execution of his duties, when deemed essential for preservation of life and property. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

7. Requisition necessary personnel or material of any county department, agency or special district;

8. Execute all of their ordinary powers, all of the special powers conferred upon them by this chapter or by resolution or by activation of the Kern County emergency plan adopted by the board of supervisors, and by any other lawful authority.

E. The Kern County office of emergency services, under the direction of the director of emergency services, shall execute the administrative functions of the emergency organization and shall provide staff support for the emergency council.

(Ord. G-7769 § 4, 2008; Ord. G-5217 § 2 (part), 1990; Ord. No. G-8453, § 3, 12-10-13)

(Ord. No. A-368, § 8, 2-11-20)

All officers and employees of this county who, 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 this chapter, are charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of the county of Kern.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. A-368, § 8, 2-11-20)

During the existence of a declared state of war emergency, state of emergency or local emergency affecting Kern County, each member of the emergency organization of the county of Kern shall have authority to require that all persons shall follow reasonable orders given within the scope of such member's duties and responsibilities in order to execute the Kern County emergency plan.

(Ord. No. G-8747, § 3, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

The California Emergency Services Act and the Standardized Emergency Management System Regulations, define an "operational area" as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, and designates counties as operational areas. The county of Kern, acting through the emergency organization and emergency council, shall serve as lead agency of the Kern County operational area. In an emergency, the Kern County operational area shall serve as a link in the system of communications and coordination between the state's emergency operating centers and any centers established by the county, cities and special districts within Kern County. The Kern County operational area shall coordinate emergency activities between the county, incorporated cities and special districts which have been impacted. Mutual aid requests which cannot be fulfilled at the operational area level will be forwarded to the California OES Region for action.

(Ord. G-6202 § 6, 1995: Ord. G-5217 § 2 (part), 1990)

(Ord. No. A-368, § 8, 2-11-20)

In order to preclude conflicting information, misinformation, and the initiation of rumors, all emergency information, press releases, and public statements will be coordinated through a single entity. The emergency public information function will be the responsibility of the primary response agency, as appropriate to the type of emergency/disaster situation confronting the county, until activation of the emergency operations center. At that time, the joint information manager (PIO) shall assume responsibility for overall public information releases and media briefings. Other county departments shall support the designated PIO and channel all such activities to that individual.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. A-368, § 8, 2-11-20)

Any expenditure made in connection with emergency activities, including mutual aid activities shall be deemed conclusively to be for the direct protection and benefit of inhabitants and property of the county of Kern.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. A-368, § 8, 2-11-20)

It is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six (6) months, or by both, for any person, during a declared state of war emergency, state of emergency or local emergency affecting the county of Kern to:

A. Willfully obstruct, hinder, delay, or fail to follow reasonable order(s) of any member of the emergency organization in the enforcement of any lawful rule, order or regulation issued or authorized pursuant to this chapter;

B. Do any act forbidden by any lawful rule or regulation issued or authorized pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this county, or to prevent, hinder, or delay the protection thereof;

C. Wear, carry, or display any means of identification or insignia issued by the director of emergency services with an intent to deceive or mislead or for the purpose of inducing the false impression that such person is engaged in the lawful performance of authorized emergency services activity.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. G-8747, § 2, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this and the provisions of this chapter are declared to be severable.

(Ord. G-5217 § 2 (part), 1990)

(Ord. No. A-368, § 8, 2-11-20)

The line of succession for key personnel of the government of the county of Kern shall be:

A. In the absence of the chairman of the board of supervisors, or upon inability to act, the chairman of the board shall automatically be succeeded by the following officials in the order named:

1. Vice-chairman of the board of supervisors.

2. The remaining county supervisors followed consecutively in the sequence of the numbers of their respective supervisorial districts.

B. Standby officers are excluded from the line of succession for the chairman of the board of supervisors.

C. For other elected officials, in order of descending authority among existing subordinates, and thereafter as provided by the board of supervisors.

(Ord. No. G-8747, § 3, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

A. The board of supervisors shall appoint two (2) standby officers for each member of the board pursuant to Government Code Sections 8638 and 8639, to act as a successor for that member of the board.

B. Standby officers shall be appointed yearly.

C. The standby officers shall be designated as successor 1 and 2.

1. Standby officers shall succeed their board member based on their designation.

D. In accordance with Government Code Section 8640, each standby officer shall take an oath of office required for the position they have been selected for as a successor.

E. Standby officers shall fulfill the duties as outlined in in Government Code Section 8641.

(Ord. No. G-8747, § 3, 1-9-18; Ord. No. A-368, § 8, 2-11-20)

Each person who shall succeed to each position of office as provided herein, and as provided in the Kern County emergency plan, shall assume all of the powers and duties of the office succeeded to immediately upon such succession.

(Ord. No. G-8747, § 3, 1-9-18; Ord. No. A-368, § 8, 2-11-20)