Los Gatos Municipal Code Ch. 8 Civil Defense and Disaster

Footnotes:

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Cross reference— Administration, Ch. 2; buildings and building regulations, Ch. 6; cable television, Ch. 7; health and sanitation, Ch. 13; motor vehicles and traffic, Ch. 15; planning, Ch. 20; police, Ch. 21; streets and sidewalks, Ch. 23; utilities, Ch. 27; tow trucks, § 28.30.010 et seq.

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

(Code 1968, § 8-1)

As used in this chapter:

Local emergency means 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 Town 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, or 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 the Town and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the State Public Utilities Commission.

State of emergency means 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 or an earthquake, or other conditions, other than conditions resulting from a labor controversy or 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, city and county, or city 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 requires extraordinary measures beyond the authority vested in the State Public Utilities Commission.

State of war emergency means 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.

(Code 1968, § 8-2)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

State Law reference— Similar provisions, Gov. Code § 8558.

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

(1) The Mayor, who shall be the Chair.

(2) The Director of Emergency Services, who shall be the Vice-Chair.

(3) The Assistant Director of Emergency Services.

(4) Such other persons as may be appointed by the Director with the advice and consent of the Town Council.

(Code 1968, § 8-3)

Cross reference— Town boards and commissions generally, § 2.40.010 et seq.

It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the Town 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 the Chair's absence from the Town or inability to call such meeting, upon call of the Vice-Chair.

(Code 1968, § 8-4)

There is hereby created the office of Director of Emergency Services. The Town Manager shall be the Director of Emergency Services. There is hereby created the office of Assistant Director of Emergency Services who shall be the Town Chief of Police. The Assistant Director shall exercise all powers vested by this chapter in the Director in the event of the absence or incapacitation of the Director.

(Code 1968, § 8-5)

Cross reference— Town officers and employees generally, § 2.30.010 et seq.

(a) The Director of Emergency Services is hereby empowered to:

(1) Request the Town Council to proclaim the existence of a local emergency if the Town Council is in session, or to issue such proclamation if the Town Council is not in session. Whenever a local emergency is proclaimed by the Director, the Town Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.

(2) 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) Develop emergency plans with the assistance of emergency service chiefs for consideration by the Disaster Council and manage the emergency programs of this Town.

(4) Control and direct the effort of the emergency organization of this Town for the accomplishment of the purposes of this chapter.

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

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

(b) In the event of the proclamation of a local emergency, 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 to:

(1) 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 Town Council;

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

(3) Require emergency services of any Town officer or employee and, in the event of the proclamation of a state of emergency in the County in which this Town is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as the Director deems necessary in the execution of the Director's duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;

(4) Requisition necessary personnel or material of any Town department or agency; and

(5) Execute all of the Director's ordinary powers as Town Manager, all of the special powers conferred upon the Director by this chapter or by resolution or emergency plan pursuant hereto adopted by the Town Council, and all powers conferred upon the Director by any statute, by an agreement approved by the Town Council, and by any other lawful authority.

(Code 1968, § 8-6)

All officers and employees of this Town, 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 section 8.10.035(b)(3), be charged with duties incident to the protection of life and property in this Town during such emergency, shall constitute the emergency organization of the Town.

(Code 1968, § 8-7)

The structure, duties and functions of the emergency organization and the order of emergency succession to the position of Director of Emergency Services in the event of the absence or incapacitation of the Assistant Director of Emergency Services, shall be adopted by resolution of the Town Council. Neither the status of volunteers nor plans and agreements, rules and regulations or resolutions adopted pursuant to prior ordinances which are not in conflict with the provisions of this chapter shall be affected by the provisions of this chapter until they are specifically amended, modified or superseded.

(Code 1968, § 8-8)

It is the purpose of the Town Council in enacting this chapter to facilitate the rendering of mutual aid to and for the people of this Town. Emergency plans adopted and approved by the Town Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County operational area.

(Code 1968, § 8-9)

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 Town.

(Code 1968, § 8-10)

It shall be unlawful and a misdemeanor for any person, during an emergency, to:

(1) Wilfully obstruct, or 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 the member by virtue of this chapter.

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter.

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

(Code 1968, § 8-11)