Long Beach Municipal Code Ch. 2.69 Civil Defense

Footnotes:

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State Law reference— Provisions pertaining to local disaster councils, Gov. Code § 8610 et seq.

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

(Prior code § 2350)

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, 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.

(Prior code § 2350.1)

The Emergency Council is created and its membership shall consist of the following:

A. The Mayor, who shall be Chairman;

B. The City Manager, who shall be Vice-Chairman;

C. The Coordinator of Emergency Services, who shall be the Executive Secretary;

D. The City Attorney or his representative;

E. Such Deputy Directors and Chiefs of Emergency Services appointed pursuant to this Chapter;

F. Such other representatives of civic, business, labor, veterans, professional, or other organizations within the community as may be appointed by the City Manager with the approval of the City Council, however, not to exceed five (5) in number.

(Prior code § 2350.2)

It shall be the duty of the Emergency Council, and it is empowered, to review 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 Emergency Council shall meet upon call of the Chairman, or with his consent or in his absence from the City or inability to call such meeting, upon the call of the Vice-Chairman.

(Prior code § 2350.3)

The City Emergency Council shall be responsible for:

A. Periodically reviewing the City emergency plan, which shall consist of a basic plan and separate annexes for each of the emergency services and special emergency situations when the Director deems appropriate. The 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. The Emergency Council shall assure that the plan is consistent with this Chapter and appropriately provides for the organization, powers and duties, services, and staff as required for maximum effectiveness of the emergency organization. The basic portion of the plan shall take effect upon adoption by resolution of the City Council. Each annex shall be consistent with the adopted basic plan and take effect upon written approval of the Director.

B. Assignment of emergency duties and functions shall be set forth in the basic plan for City agencies and employees.

C. Amendments to the basic plan shall be placed on file with the City Council by the Director. Such amendments shall become effective thirty (30) days from the date of filing unless action is taken by the City Council during one of its regular or special sessions disapproving the Director's submission. In event an amendment is pending at the time that an emergency is proclaimed under provision of Subsections B.1 or B.2 of Section 2.69.060, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the City Council at a later date.

D. In assigning emergency duties and functions to City agencies and personnel, the Director shall place such responsibilities to best utilize the inherent competencies already existing in the governmental structure. When the requisite competency for a function is not available within the City government, the Director is authorized to seek assistance on a volunteer basis from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster.

E. The provisions of the basic plan, as filed with and approved by the City Council, shall be mandatory upon the agencies of City government and its employees, who shall diligently apply their efforts toward the development of the most effective disaster preparedness program within their means. The basic plan shall be considered supplementary to this Chapter and have the effect of law whenever an emergency, as provided in this Chapter, has been proclaimed.

(Prior code § 2350.6)

A. There is created the position of Director of Civil Defense. This position shall be filled by the City Manager. The title of Director of Emergency Services is coterminous and equally applicable.

B. The Director is empowered to:

1. Request the City Council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the Council is in session, or issue such proclamation, if the Council is not in session; provided, however, in the event that such proclamation is by the Director alone 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. The City Council shall review at least every fourteen (14) days the need for continuing a local emergency, and shall terminate it at the earliest possible date the conditions warrant. The City Council may extend the fourteen (14) day review period for continuing a local emergency for any existing local emergency by minute order for a time period in compliance with state law requirements;

2. Request the Governor of the State 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 efforts of the emergency organization of this City for the accomplishment of the purposes of this Chapter;

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

5. Represent the emergency organization of this City in all dealings with public or private agencies pertaining to emergencies as defined in this Chapter;

6. Appoint, with the consent of the City Council, and assistant Director of Civil Defense who, under his direction, shall also be known as the Coordinator of Emergency Services and be in charge of the Department of Emergency Preparedness;

7. Prepare and maintain, on a current basis, a disaster plan to be known as the City Emergency Plan. A portion of the Plan, referred to in the remainder of this Chapter as the basic plan, shall be effective upon approval of the City Council and shall be as more particularly described in this Chapter.

(ORD-23-0024 § 1, 2023; Prior code § 2350.4)

In the event of the proclamation of a local emergency as provided in this Chapter, the proclamation of a state of emergency by the Governor or the State Director of the Office of Emergency Services, or by the President of the United States, the Director is empowered, within limitations provided by the City Charter, ordinances and laws applicable to the City:

A. To make, issue, and enforce 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. To obtain vital services, supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the City for the fair value thereof;

C. 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 in State law for registered emergency service workers;

D. To requisition necessary personnel or material of any City department or agency;

E. To exercise all of his ordinary powers as City Manager, all of the special powers conferred upon him by this Chapter or by the Emergency Plan adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the City Council, or by any other lawful authority;

F. To designate the order of succession to his office, to take effect in the event that he is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council;

G. To provide general supervision to the assistant Director, who, with the assistance of the Chiefs of the Emergency Services, shall develop an Emergency Plan and manage the emergency programs of this City, and who shall have such other powers and duties as may be assigned by the Director.

(Prior code § 2350.5)

A. 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 Subsections 2.69.070.A and 2.69.070.C and 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.

B. Each service Chief appointed by the Director shall be responsible for carrying out all duties and functions assigned in the basic plan and in the annex pertaining to his service. Duties will include the organization and trainof assigned City employees and volunteers. Each Chief, with the guidance and assistance of the assistant Director, shall formulate the operational plan for his service which, when approved by the Director, shall become an annex to the basic plan. The Chiefs shall be responsible for the care, maintenance and proper use of any special equipment and/or property which they may obtain or that might be assigned to them from time to time by the Director.

C. The Director shall prescribe those positions within the emergency organization for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of three (3) persons as successors to his position. The list will be in order of succession and the person responsible will only designate persons capable of carrying out all assigned duties and functions.

(Prior code § 2350.7)

A. The American Red Cross in the City shall, in time of emergency, make assistance available to needy individuals and families as provided for in its National Charter and subsequent agreements with the federal government.

B. The Director shall be responsible for arranging, through the Manager of the local Red Cross Chapter, for the participation of the Red Cross in the City's emergency organization as a part of the mass care service in case of war-caused emergency, and for the relationship between the Red Cross and the emergency organization in case of natural disaster.

(Prior code § 2350.8)

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.

(Prior code § 2350.9)

No person shall:

A. Wilfully obstruct, hinder, or delay any member of the civil defense and 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 in violation of any emergency declaration or curfew established by any lawful rule, regulation, order or directive issued pursuant to this Chapter;

C. Wear, carry or display, without authority, any means of identification specified by the civil defense and emergency agency of the State or of the City.

(Ord. C-7670 § 1, 2000; prior code § 2350.10)