Lancaster Municipal Code Ch. 2.36 Disaster Council

The declared purposes of this chapter are to provide for:

A. The preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency;

B. The leadership, coordination, and management of the city's emergency response organization;

C. The coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons; and

D. The planned and orderly recovery from its adverse effects.

(Prior code § 3-9.1)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city 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.

(Prior code § 3-9.2)

The Lancaster disaster council is created and shall consist of the following:

A. Representative chosen by the city council from its members who shall be chair;

B. The director of emergency services, who shall be vice-chair;

C. The emergency preparedness coordinator;

D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director.

(Prior code § 3-9.3)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

It shall be the duty of the Lancaster disaster council, and it is empowered, to see to the development of, and recommend for adoption by the city council, emergency 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 disaster council shall meet upon call of the chair or, in their absence from the city or inability to call such meeting, upon call of the vice-chair.

(Prior code § 3-9.4)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A. Designation and duties of standby officers.

1. Each member of the Lancaster planning commission shall in the event of a state of emergency serve as a standby officer for members of the council in the order of succession as follows: chair, vice-chair, then planning commission members in order of seniority.

2. The duties of the standby officers shall be those as provided for by state law and identified in the city's emergency plan.

B. Term of service of standby officers.

1. General. Each standby officer shall serve in such position, as long as they are a member of the Lancaster planning commission.

2. State of emergency. If, within seven days of declaration of local emergency by the director of emergency services as provided for in this chapter, a quorum of the city council is unable to meet, the standby officers representing the members of the council unable to meet shall serve on the city council until such time as the elected member of council is able to meet and serve, or until such time as a successor is selected by any means provided for in state law.

C. Order of succession—Mayor.

1. In the event the mayor is unable to serve during a state of emergency, the order of succession for the mayor shall be the vice-mayor, city councilmembers in order of seniority.

2. In the event no elected member of the city council is able to meet during a state of emergency, the standby officer appointed by the mayor shall serve in that position.

(Prior code § 3-9.5)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A. There is created the position of director of emergency services. The city manager shall be the director of emergency services.

B. There is created the position of emergency preparedness coordinator, who shall be designated by the director.

(Prior code § 3-9.6)

A. Powers and duties of the director when no emergency exists:

1. Designate the order of succession to the position of director, to take effect in the event that the director is unavailable to perform their duties during an emergency. Such order of succession shall be approved by the city council, and be reflected in the emergency plan.

2. Designate the emergency preparedness coordinator.

B. Powers and duties of the director under imminent threat of, during or after an emergency:

1. The director may request that the city council proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such a proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The city council shall review, at each regular meeting until such local emergency is terminated, the need for continuing the local emergency, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

C. Powers and duties of the director when a local emergency has been proclaimed, or a "state of emergency" has been proclaimed by the Governor or the Director of the State Office of Emergency Services, or if a "state of war emergency" exists:

1. The director shall have complete authority over the city and the right to exercise all police power vested in the city by the Constitution and General Laws, as per Section 38791 of the Government Code; and

2. The director is empowered 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 city council; and

3. To control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; and

4. To direct cooperation between the coordination of services and staff of the emergency organization of this city and resolve questions of authority and responsibility that may arise between them; and

5. To represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and

6. To obtain vital supplies, equipment and such other properties, from public or private sources, 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; and

7. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency" to command the aid of as many citizens of this community as they deem necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; and

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

9. To 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.

(Prior code § 3-9.7)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A. Powers and duties of the coordinator when no emergency exists:

1. Under the supervision of the director, develop emergency plans and mutual aid agreements;

2. Manage the emergency programs of this city;

3. Other powers and duties as may be assigned by the director.

B. Powers and duties of the coordinator when a local emergency, or a "state of emergency" has been proclaimed by the Governor or the Director of the State Office of Emergency Services, or if a "state of war emergency" exists:

1. The coordinator shall have such powers and duties as are designated in the emergency plan, and those that may be assigned by the director.

(Prior code § 3-9.8)

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 subsection (C)(7) of Section 2.36.070 during such emergency, shall constitute the emergency organization of the city.

(Prior code § 3-9.9)

The Lancaster disaster council shall be responsible for seeing to the development of the city of Lancaster emergency plan, which plan shall provide for the effective mobilization of all of 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.

(Prior code § 3-9.10)

A. Any expenditures 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 (Section 53021 Government Code). Records will be kept in such a manner that emergency-related expenditures and obligations of city departments can be broken out and identified, separate from regularly budgeted program activities.

B. The city council may pass a resolution by a four-fifths vote of its members, declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the city council may expend any sum required in the emergency without complying with the Local Agency Public Construction Act (Section 20168 of the Public Contract Code).

(Prior code § 3-9.11)

The director of emergency services or their designee is authorized to accept services, equipment, supplies, materials or funds by gift, grant or loan for purposes of mitigating the effect of a declared local emergency from public and private sources. The director or their designee shall develop procedures for registration of such gift, grant or loan and for the recording of disposition of such.

(Prior code § 3-9.12)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency to:

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 chapter, or in the performance of any duty imposed upon him by virtue of this chapter;

B. 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 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. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state or of this city.

(Prior code § 3-9.13)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)