La Mesa Municipal Code Ch. 2.56 Emergency Ordinance

The declared purposes of this chapter are to provide for the preparation and carrying out of plans to care for persons and property within this city in the event of a disaster, and to provide for the coordination of the emergency and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency and disaster 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 of La Mesa.

(Ord. 1944 § 1; May 22, 1973)

(a) As used in this chapter, "emergency" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damages resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

(b) As used in this chapter, "disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(Ord. 1944 § 1; May 22, 1973)

The La Mesa Emergency and Disaster Council is hereby created and shall consist of the following:

A. The Mayor, who shall be chairman;

B. The director of emergency and disaster, who shall be vice chairman;

C. The assistant director, appointed by the mayor with the advice and consent of the city council who, under the supervision of the director, shall develop emergency and disaster plans and organize the emergency and disaster program of this city, and shall have such other duties as may be assigned by the director;

D. Such deputy directors and chiefs of operating emergency and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization emergency and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council.

(Ord. 1944 § 1; May 22, 1973)

It shall be the duty of the La Mesa Emergency and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the city council, emergency and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Emergency and Disaster Council shall meet upon call of the chairman or in his absence from the city or inability to call such meeting, upon the call of the vice chairman.

(Ord. 1944 § 1; May 22, 1973)

There is hereby created the office of director of emergency and disaster. Such officer shall be appointed by the mayor with the advice and consent of the city council.

(Ord. 1944 § 1; May 22, 1973).

The director is hereby empowered:

A. To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;

B. To request through the mayor or chief executive, the governor to proclaim a state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the disaster;

C. To control and direct the effort of the emergency and disaster organization of this city for the accomplishment of the purpose of this chapter;

D. To direct coordination and cooperation between divisions, services and staff of the emergency and disaster organizations of this city, and to resolve questions of authority and responsibility that may arise between them;

E. To represent the emergency and disaster organization of the city in all dealings with public or private agencies pertaining to emergency and disaster.

In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the governor or by the state, the director is hereby empowered:

A. To make and issue rules and regulations on matters reasonable related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed 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 the life and property of the people, and 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 extreme emergency by the governor in the region in which this city is located, to command the aid of as many citizens of this community as he thinks 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 and disaster worker volunteers;

D. To requisition necessary personnel or material of any city department or agency;

E. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by any statute agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the government code, to exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws.

(Ord. 1944 § 1; May 22, 1973)

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2.56.060(c), be charged with duties incident to the protection of life and property in the city during such disaster, shall constitute the emergency and disaster organization of the city of La Mesa.

(Ord. 1944 § 1; May 22, 1973)

The functions and duties of the La Mesa emergency and disaster organizations shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

The City Council shall concurrently with the adoption of this chapter, adopt a resolution setting forth the organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the civil defense agency of the state of California.

(Ord. 1944 § 1; May 22, 1973)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person during a disaster.

A. Wilfully to obstruct, hinder, or delay any member of the emergency and disaster 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 a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, 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 and disaster agency of the state.

(Ord. 1944 § 1; May 22, 1973)

Ordinance No. 371 is hereby repealed; provided, however, that it is the intent of the city council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this ordinance, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance.

(Ord. 1944 § 1; May 22, 1973)

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

(Ord. 1944 § 1; May 22, 1973)