Madera Municipal Code Ch. 2 Emergency Services

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 in the event of an emergency or disaster and to provide for the coordination of the emergency functions of the city with all public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with such emergency and disaster 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.

('61 Code, § 3-2.01) (Ord. 182 C.S., passed 3-6-72)

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

LOCAL EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or the 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 the city, requiring the combined forces of other political subdivisions to combat.

STATE OF WAR EMERGENCY. The condition which exists immediately, with or without proclamation thereof by the Governor, whenever the state or nation is attacked by an enemy of the US, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

STATE OF EMERGENCY. The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, other than conditions resulting from a labor controversy, conditions causing a STATE OF EMERGENCY which 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.

('61 Code, § 3-2.02) (Ord. 182 C.S., passed 3-6-72)

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

(A) The Mayor, who shall be the chairman;

(B) The Director of Emergency Services, who shall be the vice-chairman;

(C) The Emergency Services Coordinator, who shall be appointed by the Director of Emergency Services with the advice and consent of the City Council;

(D) Such deputy directors and chiefs of operating Emergency Services Departments, services, or divisions as may be provided for by the Emergency Council; and

(E) Such representatives of civic, business, labor, veteran, professional, or other organizations having an official group or organization emergency and disaster responsibility as may be appointed by the Mayor with the advice and consent of the City Council.

('61 Code, § 3-2.03) (Ord. 182 C.S., passed 3-6-72; Am. Ord. 306 C.S., passed 10-18-78)

There are created the offices of Director of Emergency Services and Emergency Services Coordinator. The City Administrator shall be the Director of Emergency Services and shall appoint the Emergency Services Coordinator. The Director is empowered:

(A) 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. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;

(B) To request the Governor to proclaim a state of emergency when, in the opinion of the Director, the resources of the area or region are inadequate to cope with the emergency;

(C) To control and direct the effort of the Emergency Services Organization of the city for the accomplishment of the purposes of this chapter;

(D) To direct coordination and cooperation between the divisions, services, and staff of the Emergency Services Organization of the city and to resolve questions of authority and responsibility that may arise between them;

(E) To represent the Emergency Services Organization of the city in all dealings with public or private agencies pertaining to emergency services; and

(F) To assist the Emergency Services Coordinator in the development of the plans and organization of the emergency services program and assign additional duties to the Emergency Services Coordinator.

('61 Code, § 3-2.04) (Ord. 182 C.S., passed 3-6-72; Am. Ord. 306 C.S., passed 10-18-78)

In the event of the proclamation of a local emergency as provided in this chapter, or the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, the Director is 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 shall be confirmed at the earliest practicable time by the City Council;

(B) 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 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 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;

(C) To obtain vital supplies and equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof;

(D) To requisition necessary personnel or material of any city department or agency; and

(E) To execute all of the ordinary powers as Director, all of the special powers conferred upon the Director by this chapter or by resolution adopted pursuant thereto, all powers conferred upon the Director by any statute, agreement approved by the City Council, or by any other lawful authority, and, in conformity with the provisions of Cal. Gov't Code § 38791, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.

('61 Code, § 3-2.05) (Ord. 182 C.S., passed 3-6-72)

All officers and employees of the 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, or by this chapter, be charged with duties incident to the protection of life and property in the city during such an emergency shall constitute the Emergency Services Organization of the city.

('61 Code, § 3-2.06) (Ord. 182 C.S., passed 3-6-72)

The functions and duties of the Emergency Services Organization shall be distributed among such divisions, services, and special staff as the Director of Emergency Services shall prescribe, which shall be set forth in the emergency plans developed for the city and which shall, with respect to organization, conform to the recommendations of the federal government and the emergency services agency of the state.

('61 Code, § 3-2.07) (Ord. 182 C.S., passed 3-6-72)

It shall be a misdemeanor, punishable by a fine of $1,000, or by imprisonment not to exceed six months, or both, for any person during an emergency to:

(A) Wilfully obstruct, hinder, or delay any member of the Emergency Services Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;

(B) To do any act forbidden by any lawful rules or regulations issued pursuant to the provisions of 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 the city, or to prevent, hinder, or delay the defense or protection thereof; or

(C) To wear, carry, or display without authority any reasons of identification specified by the emergency services agency of the state.

(‘61 Code, § 3-2.08) (Ord. 182 C.S., passed 3-6-72; Am. Ord. 1004 C.S., passed 11-15-23)