Lassen County Municipal Code Ch. 11.14 Emergency Organization

The purpose of this chapter is to provide:

(a) For the preparation and carrying out of plans for the protection of persons and property within this county in the event an emergency; and

(b) The direction of the county emergency organization; and

(c) The coordination of the emergency functions of this county with all other public agencies, corporations, and affected private persons.

(Ord. 519 § 1, 1994; Ord. 2019-09A § 1)

As used in the ordinance codified in this chapter, "local emergency" shall have the same meaning as set forth in California Government Code Section 8558(c).

(Ord. 519 § 2, 1994; Ord. 2019-09A § 2)

The Lassen County disaster council is created and shall be composed of the following:

(a) The chair of the Lassen County board of supervisors (who shall serve as chair of the disaster council); and

(b) The director of emergency services, or designee (who shall serve as vice-chair of the disaster council); and

(c) The sheriff of Lassen County, or designee; and

(d) The Susanville City fire chief, or designee; and

(e) The Lassen County administrative officer, or designee.

(Ord. 519 § 3, 1994; Ord. 519-A § 2, 2010; Ord. 2019-09A § 3)

It shall be the duty of the Lassen County disaster council, and it is empowered, to develop and recommend for adoption by the board of supervisors, 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 his or her absence from the county or inability to call such a meeting, upon call of the vice chairman.

(Ord. 519 § 4, 1994)

(a) There is hereby created the office of the director of emergency services. The director shall be appointed by the board of supervisors.

(b) There is hereby created the office of the assistant director/emergency services chief, who shall be appointed by the director and approved by the board of supervisors.

(Ord. 519 § 5, 1994; Ord. 519-A § 2, 2010)

(a) The sheriff and director are individually empowered to:

(1) 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, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

(2) Recommend that the chair of the board of supervisors 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 county for the accomplishment of the purposes of the ordinance codified in this chapter;

(4) Promote cooperation between and coordination of services and staff of the emergency organization of this county; and attempt to resolve questions of authority and responsibility that may arise between them (reserving to elected officials the autonomy of their constitutional authority);

(5) Represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

(6) In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state emergency by the governor or the director of the State Office of Emergency Services, or the existence of a state of war emergency, the sheriff and director are individually empowered:

(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 the county for the 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 the county or the existence of a state of war emergency, to command the aid of as many citizens of this county as he or she deems necessary in the execution of his or 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 execute all of his or her ordinary power conferred upon him or her by the ordinance codified in this chapter, or by resolution or emergency plan pursuant hereto adopted by the board of supervisors, all powers conferred upon him or her by any statute, by any agreement approved by the board of supervisors, 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 board of supervisors.

(c) The assistant director/emergency services chief shall, under the supervision of the director and with the assistance of emergency services staff, develop emergency plans and manage the emergency programs of this county; and he or she shall have such power and duties as may be assigned by the director.

(Ord. 519 § 6, 1994; Ord. 519-A § 2, 2010; Ord. 2019-09A § 4)

All officers and employees of this county, 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 (a)(6)(C) of Section 11.14.060 of this chapter, 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 Lassen.

(Ord. 519 § 7, 1994)

The Lassen County disaster council shall be responsible for the development of the county of Lassen Emergency Plan, which 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 it 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. 519 § 8, 1994)

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 county of Lassen.

(Ord. 519 § 9, 1994)

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 state of war emergency, state of emergency, or local emergency, to:

(1) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to the ordinance codified in this chapter, or in the performance of any duty imposed upon him or her by virtue of the ordinance codified in this chapter;

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to the ordinance codified in 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 county, 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. 519 § 10, 1994)