La Palma Municipal Code Ch. 24 Local Emergencies

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State Law reference— Authority of local government regarding local emergency, Government Code § 8630 et seq.; preservation of local government during State of war emergency, Government Code § 8635 et seq.; emergency powers of local agency, Government Code § 53019 et seq.

(a) The declared purposes of this chapter are to provide for:

(1) The preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency;

(2) The direction of the emergency organization; and

(3) The coordination of the emergency function of this City with all other public agencies, corporations, organizations, and affected private persons.

(b) Furthermore, this chapter establishes the National Incident Management System (NIMS), and the California Standardized Emergency Management System (SEMS) as the means of effectively preparing and responding to emergencies in La Palma.

(Ord. No. 2009-01, § 1(14-1), 4-7-2009)

As used in this chapter, the term "emergency" shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as terrorism, air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(Ord. No. 2009-01, § 1(14-2), 4-7-2009)

In accordance with Government Code § 8610, the City of La Palma Disaster Council is hereby created and shall consist of the following:

(1) The Mayor, who shall be Chairperson;

(2) The Director of Emergency Services for the La Palma Emergency Organization, as provided for in this chapter, who is the City Manager and shall be Vice-chairperson;

(3) The Emergency Manager, who will be appointed by the Director of Emergency Services;

(4) Department heads and other City management team members;

(5) Such heads of emergency services departments as are provided for within this chapter; and

(6) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services with advice and consent of the City Council.

(Ord. No. 2009-01, § 1(14-3), 4-7-2009)

The La Palma Disaster Council shall develop plans for responding to any condition constituting a local emergency or State of emergency, including, but not limited to, earthquakes, natural or manmade disasters specific to the City, or State of war; such plans shall provide for the effective mobilization of all the resources within the City, both public and private. The Disaster Council shall supply a copy of any plans developed to the states Emergency Management Agency. The Disaster Council shall meet upon call of the Chairperson or, in his or her absence from the City or inability to call such a meeting, upon the call of the Vice-Chairperson.

(Ord. No. 2009-01, § 1(14-4), 4-7-2009)

(a) There is hereby created the City of La Palma Emergency Organization.

(b) The City Manager shall be the Director of Emergency Services for the La Palma Emergency Organization and shall appoint an Assistant Director of Emergency Services.

(Ord. No. 2009-01, § 1(14-5), 4-7-2009)

(a) The Director of Emergency Services for the La Palma Emergency Organization is hereby designated as the City's chief executive for all emergency services described herein such that, pursuant to Government Code § 8557, the Director is authorized by law to act on behalf of the governing body of the City and 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 such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council. Further, the City Council shall review the need for continuing the local emergency. However, in no event shall a review take place more than 60 days after the previous review.

(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 this 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 this City; and resolve any 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; and

(6) In the event of the proclamation of a "local emergency" as herein provided, or the proclamation of a "State of emergency" by the Governor or the Secretary of the California Emergency Management Agency, the La Palma Director of Emergency Services is hereby 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 City Council;

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

c. Require emergency services of any City officer or employee and to command the aid of as many citizens of this community as he/she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities that 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 or her ordinary power as City Manager, all of the special powers conferred upon him/her by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority.

(b) The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council.

(c) The Assistant Director of Emergency Services, and/or the Emergency Manager shall, under the supervision of the Director and with assistance of emergency service department heads, 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.

(Ord. No. 2009-01, § 1(14-6), 4-7-2009; Ord. No. 2020-01, § 1, 4-7-2020)

All officers and employees of this 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, including persons impressed into service under the provisions of section 24-6(6)c. of this Code, charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of La Palma.

(Ord. No. 2009-01, § 1(14-7), 4-7-2009)

The La Palma Disaster Council shall be responsible for the development of the City of La Palma's Emergency Operations Plan, which plan shall use the National Incident Management System (NIMS), and the California Standardized Emergency Management System (SEMS) to provide for the effective mobilization of all the resources of this 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. 2009-01, § 1(14-8), 4-7-2009)

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 the inhabitants and property of the City of La Palma.

(Ord. No. 2009-01, § 1(14-9), 4-7-2009)

No person shall, during a State of war emergency, State of emergency, or local emergency:

(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/her 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 enemy, or to imperil the lives or property of inhabitants of this 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.

(Ord. No. 2009-01, § 1(14-10), 4-7-2009)