Loyalton Municipal Code Ch. 6.40 Emergency Organization

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 the City I the event of an emergency, and to provide for the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.

“Emergency” means the actual or threatened existence of considerations 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, 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.

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

(1) The Mayor of the City of Loyalton shall be chairman; (2) The assistant director, appointed by the mayor with the advice and consent of the city council who is under the supervision of the director, shall be vice-chairman; (3) Such deputy directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council.

It shall be the duty of the city disaster council, and it is empowered to review and recommend for adoption by the city council, civil defense and disaster and mutual-aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. This disaster council shall meet upon the call of the chairman, or in his absence from the city or inability to call such meeting, upon the call of the vice-chairman.

There is hereby created, the offices of Director and Assistant Director of Emergency Services. The Mayor shall serve as the Director of Emergency Services and the assistant director shall be appointed by the director.

The director of Emergency Services is empowered: A. (1) To request the city council to proclaim the existence or threatened existence of a local emergency and the termination thereof, if the city council is in session, or to issue such proclamation, if the city council is not in session, subject to confirmation by the city council at the earliest practicable time.

(2) To request the governor to proclaim a state of extreme emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the emergency.

(3) To control and direct the effort of the Emergency organization of the city for the accomplishment of the purposes of this chapter.

(4) To direct coordination and cooperation between divisions, services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise between them.

(5) To represent the city in all dealings with public or private agencies pertaining to an emergency. B. Powers in the Event of the proclamation of a local emergency: In the event of the proclamation of a local emergency as provided in this chapter, or the proclamation of the state of extreme emergency by the governor or the state director of Emergency Services, 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 the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use. (3) To required emergency services of any city officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor in the region in which this 6.40.040 – 6.40.060

city is located, to command the aid of as many citizens of this community as he thinks 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 workers. (4) To requisition necessary personnel or material of any city department or agency. (5) To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the city, or by any other lawful authority, to exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws. C. Assistant Director In the absence of the director of Emergency Services, the assistant director shall hereby be empowered to carry out the duties of the director. (1) 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 the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may be charged, under agreement or operation of law, including persons pressed into service under the provisions of subsection (3) of section 6.40.060 B. with duties incident to the protection of life and property in the city during such disaster, shall constitute the Emergency Organization of the City.

The 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. 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.

6.40.060 (Continued) – 6.40.090

It shall be misdemeanor for any person during an emergency: (1) To willfully obstruct, hinder or delay any members 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. (2) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, is such as it is of such a nature as to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof. (3) To wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (4) Such misdemeanor shall be punishable by a fine of not to exceed five-hundred dollars ($500), or by imprisonment for not to exceed six months or both.