Lemoore Municipal Code Ch. 4 Emergency Services Organization

The declared purposes of this Chapter are to provide for the preparation and carrying out of plans for the protection of the persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.

When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

EMERGENCY: 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, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to combat.

KINGS AREA: Includes the City of Avenal, the City of Corcoran, the City of Hanford, the City of Lemoore and the unincorporated area of the County of Kings.

A. Membership: The Council hereby adopts section 6-3 of chapter 6 of the Code of Ordinances, County of Kings, providing for Disaster Council membership, which reads as follows:

The Kings Area Disaster Council is hereby created and shall consist of the following:

A. One member of the board of supervisors of the county, to be appointed by and to serve at the pleasure of the board of supervisors.

B. The assistant director of emergency services (emergency services coordinator) of the County of Kings.

C. One member of the city council of the City of Avenal to be appointed by and to serve at the pleasure of said city council.

D. One member of the city council of the City of Corcoran to be appointed by and to serve at the pleasure of said city council.

E. One member of the city council of the City of Hanford to be appointed by and to serve at the pleasure of said city council.

F. One member of the city council of the City of Lemoore to be appointed by and to serve at the pleasure of said city council.

G. The county administrative officer.

H. The director of emergency services of the City of Avenal; or if no director has been appointed, the city manager of the City of Avenal in lieu thereof.

I. The director of emergency services of the City of Corcoran; or, if no director has been appointed, the city manager of the City of Corcoran in lieu thereof.

J. The director of emergency services of the City of Hanford; or, if no director has been appointed, the city manager of the City of Hanford in lieu thereof.

K. The director of emergency services of the City of Lemoore, or, if no director has been appointed, the city administrator of the City of Lemoore in lieu thereof.

L. One member at large to be appointed by the other members of the Kings Area Disaster Council.

B. Organization: The Council hereby adopts section 6-4 of chapter 6 of the Code of Ordinances, County of Kings, providing for Disaster Council officers, rules and meetings, which reads as follows:

The member of the board of supervisors selected to serve on the Kings Area Disaster Council shall serve as chairman, and the members shall elect a vice chairman and such other officers as they deem necessary. They shall prescribe their own rules of procedure. The Disaster Council shall meet upon call of the chairman or, in his absence from the County or inability to call such a meeting, upon call of the vice chairman or a majority of the membership.

C. Powers and Duties: The Council hereby adopts section 6-5 of chapter 6 of the Code of Ordinances, County of Kings, providing for disaster council powers and duties, which reads as follows:

It shall be the duty of the Kings Area Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the board of supervisors of the County of Kings and the city councils of the Cities of Avenal, Corcoran, Hanford and Lemoore, 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.

A. Offices Created:

1. Director: There is hereby created the office of Director of Emergency Services. The City Administrator shall be the Director of Emergency Services.

2. Assistant Director: There is hereby created the office of Assistant Director of Emergency Services who shall be appointed by the Director.

B. Powers and Duties:

1. Director: The Director is hereby empowered to:

a. 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 City Council 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, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.

c. Control and direct the effort of the Emergency Organization of this City for the accomplishment of the purposes of this Chapter.

d. 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.

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

f. In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency", the Director is hereby empowered:

(1) 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;

(2) To 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;

(3) 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 he deems 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 disaster service workers;

(4) To requisition necessary personnel or material of any City department or agency; and

(5) To execute all of his ordinary powers as City Administrator, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council and by any other lawful authority.

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 duties during an emergency. Such order of succession shall be approved by the City Council.

2. Assistant Director: The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director.

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 2-4-4B1f(3) of this Chapter, be 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.

The Kings Area Disaster Council shall be responsible for the development of the City 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.

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.

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment for not to exceed six (6) months, or both, for any person during an emergency to:

A. Wilfully obstruct, hinder or delay any member of the Emergency Organization in the enforcement of any lawful rule or the 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. (Ord. 8202, 6-1-82)