Lake County Municipal Code Art. I Emergency Organization and Functions

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2342, § 1, adopted February 20, 1996, amended Art. I in its entirety to read as herein set out in §§ 6-1—6-11. Prior to amendment, Art. I, §§ 6-1—6-10, relative to emergency organization and functions, derived from Ord. No. 682, §§ 1—10, adopted 1971, as amended by Ord. No. 1899, §§ 1—4, adopted Nov. 7, 1989.

(a) Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this 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.

(b) Emergency Services shall mean the preparation and carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster. It shall not include preparation for any conditions resulting from a labor controversy.

(c) State of War Emergency shall mean the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

(d) State of Emergency shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as 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, an earthquake, or other conditions, other than conditions causing a state of war emergency, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, or city and county, and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(e) Local 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 County of Lake, caused by such conditions as 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, an earthquake, or other conditions, 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, and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(f) SEMS (Standardized Emergency Management System) shall mean the system described by Government Code § 8607(a) for managing response to multi-agency and multijurisdictional emergencies in California. SEMS consists of five organizational levels of which this County acts as the Operational Area level. SEMS incorporates the use of the Incident Command System, the Master Mutual Aid Agreement, existing mutual aid systems, the operational area concept, and multi-agency or inter-agency coordination. Local governments must use SEMS to be for funding of their personnel related costs under state disaster assistance programs.

(g) Operational Area under SEMS shall mean an intermediate level of the state's emergency services organization which encompasses this County and all political subdivisions located within this County including special districts. The operational area manages and/or coordinates information, resources, and priorities among local governments within the operation area, and serves as the coordination and communication link between the local government and the regional level.

(h) Incident Command System (ICS) shall mean the nationally used standardized on-scene emergency management system.

(i) Emergency Operations Center (EOC) shall mean a location from which this County operates its centralized emergency management system.

(Ord. No. 2342, § 1, 2-20-96)

3.2 All officers and employees of this County and its contracting cities, 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 pressed into service under the provisions of Section 6.2(c), who shall be 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 Lake.

(Ord. No. 2342, § 1, 2-20-96; Ord. No. 2579, § 1, 1-08-2002)

(Ord. No. 2986, § 1, 5-14-2014; Ord. No. 3035, § 1, 11-17-2015)

The Sheriff shall designate an employee to be the Emergency Services Assistant.

(Ord. No. 2579, § 2, 1-08-2002; Ord. No. 2663, § 1, 10-21-2003)

(Ord. No. 2907, § 1, 9-1-2009; Ord. No. 2986, § 2, 5-14-2014; Ord. No. 3007, § 1, 5-20-2014; Ord. No. 3035, § 2, 11-17-2015)

Editor's note— Ord. No. 3035, § 2, adopted November 17, 2015, amended § 6-4 to read as set out herein. Previously § 6-4 was titled "Director and Deputy Director of Emergency Services, and Emergency Services Manager."

(a) 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 (7) days thereafter or the proclamation shall have no further force or effect.

(b) Request the Governor to proclaim a state of emergency when the locally available resources are inadequate to cope with the emergency.

(c) Control and direct the effort of the emergency organization of this County for the accomplishment of the purposes of this article.

(d) Direct cooperation between and coordination of services and staff of the emergency organization of this County; resolve questions of authority and responsibility that may arise between them.

(e) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(a) To 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) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind this County for the fair value thereof and, if required immediately, to commandeer the same for public use;

(c) To require emergency services of any County officer or employee and, in the event of the proclamation of a state of emergency in this County or the existence of a state of war emergency, to command the aid of as many citizens of this County as he/she deems necessary in the execution of his/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 material of any County department or agency; and

(e) To develop, with the assistance of emergency service chiefs, emergency plans and manage the emergency programs of this County; and to maintain the County of Lake in a constant state of readiness; insure the County of Lake Emergency Operations Plan is exercised in a regular and timely manner; be responsible for the condition and state of readiness of the Emergency Operations Center; and shall perform such other powers and duties as may be assigned as directed.

5.3 The order of succession to the Office of Director of Emergency Services shall be for the Deputy Director of Emergency Services to succeed the Director in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. The order of succession to the Office of Deputy Director of Emergency Services shall be for the Emergency Services Manager to succeed the Deputy Director in the event the Deputy Director is unavailable to attend meetings and otherwise perform his/her duties during emergencies. Whoever fills the Office of Director will have the same immunities as the Director of Emergency Services.

(Ord. No. 2342, § 1, 2-20-96; Ord. No. 2579, §§ 3, 4, 1-08-2002; Ord. No. 2663, § 2, 10-21-2003)

(Ord. No. 2986, § 3, 5-14-2014; Ord. No. 3007, § 2, 5-20-2014; Ord. No. 3035, § 3, 11-17-2015)

Editor's note— Ord. No. 3035, § 3, adopted November 17, 2015, amended the title of § 6-5 to read as set out herein. Previously § 6-5 was titled "Powers and Duties of the Director and Deputy Director of Emergency Services, and Emergency Services Manager."

(a) The Chairman of the Board of Supervisors, or other member of the Board of Supervisors as designated by the Board of Supervisors, who shall be the Chair.

(b) The Vice Chair of the Board of Supervisors or other member of the Board of Supervisors as designated by the Board of Supervisors, who shall be Vice Chair.

(c) The Sheriff, who is the Emergency Services Director.

(d) The Deputy Director of Emergency Services.

(e) The Emergency Services Manager.

(f) The Emergency Services Assistant.

(g) The Emergency Services Directors of each of the cities.

(h) The Health Services Director.

(i) Such Chiefs of Emergency Services, including one (1) or more representatives from fire service, as are provided for in a current emergency plan of this County, adopted pursuant to this article.

(j) Such representatives of organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services.

(Ord. No. 2342, § 1, 2-20-96; Ord. No. 2579, § 5, 1-08-2002; Ord. No. 2663, § 3, 10-21-2003)

(Ord. No. 2986, § 4, 5-14-2014; Ord. No. 3007, § 3, 5-20-2014; Ord. No. 3035, § 4, 11-17-2015)

9.1 The Lake County Disaster Council shall be responsible for the development of the County of Lake Emergency Operations Plan, which plan shall use SEMS at the Operational Area level and ICS at the field response level. The plan 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.

(Ord. No. 2342, § 1, 2-20-96)

(Ord. No. 3007, § 4, 5-20-2014)

Editor's note— Ord. No. 3007, § 4, adopted May 20, 2014, amended the title of § 6-9 to read as set out herein. Previously § 6-9 was titled emergency plan.

(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article.

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this article, 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 County, or to prevent, hinder, or delay the defense or protection thereof.

(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.

(Ord. No. 2342, § 1, 2-20-96)