Mammoth Lakes Municipal Code Ch. 2.44 Emergency Services

The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the Town in the event of the emergency or disaster conditions hereafter referred to; the direction of the disaster organization; the coordination of the disaster functions of the Town with the County and with all other public agencies, corporations, organizations, and affected private persons; and to ensure the continuation of government in the event of an emergency. Furthermore, this chapter establishes the standardized emergency management system (SEMS) and the national incident management system (NIMS) as the means for effectively preparing for or responding to emergencies in the Town.

(Code 1990, § 2.48.010; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(b) As used in this chapter, conditions or degrees of emergency or disaster have the meanings described in this section:

Disaster means any occurrence that has resulted in property damage, deaths and/or injuries to a community. A disaster is a dangerous event that causes significant human and economic loss and demands a crisis response beyond the scope of any single agency or service. Disasters are distinguished from emergencies by the greater level of response required.

Emergency means a dangerous event (for example, storm, flood, earthquake, landslide, mudslide, drought, fire, explosion or other catastrophe) that did not result in a request for State or Federal assistance; a disaster requires resources beyond those that are available locally.

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 conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, de-energization event, electromagnetic pulse attack, plant or animal infestation or disease, the Mayor's or State Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which 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.

State of emergency means the duly declared 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, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, terrorism or threat of terrorism, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which conditions, by reason of the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single town, city, county or city and county and require combined forces of a mutual aid region or regions or combat.

State of war emergency means the condition which exists immediately, with or without a proclamation thereof by the governor, when 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.

(c) Other terms used herein shall have meanings as used in the California Emergency Services Act, Government Code § 8550 et seq.

(Code 1990, § 2.48.020; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

The Town's Emergency Services Director shall be responsible for the final development of the Town's Emergency Operations Plan (EOP), which shall provide for the effective mobilization of all of the resources of this Town, both public and private, to meet any condition constituting a disaster, emergency, local emergency, state of emergency or state of war emergency. The EOP shall provide for the structure of the Town emergency services organization using concepts of SEMS and NIMS. The EOP shall take effect upon adoption by resolution of the Town Council and shall be reviewed and modified as needed. The EOP shall be the primary guiding document used in the event of an emergency.

(Code 1990, § 2.48.030; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

(a) The Town emergency services organization consists of all officers and employees of the Town and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act, Government Code § 8550 et seq., this chapter, and the EOP, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel in the conduct of disaster operations.

(b) The emergency services organization shall be composed of such elements as are provided for in the Town's EOP.

(c) The officers of the Town shall have the authority and duty to plan for mobilization, operation and support of that segment of the emergency services organization for which each is responsible as provided for in the Town's EOP, and to conduct the activities thereof.

(d) The emergency services organization will fill the role of disaster council as may be required for the purposes of State or Federal relief, support, and/or reimbursement.

(Code 1990, § 2.48.040; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

The Town emergency services organization shall be activated and shall function as a disaster or emergency relief body only:

(1) Upon the existence of a state of war emergency;

(2) Upon the declaration by the Governor of the State, or by persons authorized to act in the Governor's stead, of a state of emergency affecting and, including the Town;

(3) Upon the declaration of a local emergency by the County Board of Supervisors, or by an official authorized to act in its stead, for the purpose of making such declaration affecting and, including the Town; or

(4) Upon the declaration of a local emergency by the Town Council, or by an official designated in this chapter to act in its stead, for the purpose of making such a declaration.

(Code 1990, § 2.48.050; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

The Town Manager shall be the Emergency Services Director.

(1) The Emergency Services Director shall have the following powers and duties, to:

a. Make key appointments, and to make all other appointments or delegate the making of the same, within the emergency services organization.

b. Declare a local emergency as described in the EOP and shall have the authority to make, issue, and enforce rules and regulations described therein, as necessary.

c. During the existence of a state of war emergency, or the declared existence of a state of emergency, local emergency, disaster, or emergency affecting the Town:

1. Control and direct the activities of the Town emergency services organization;

2. Use all Town resources for the preservation of life and property and to reduce the effects of disaster;

3. Resolve questions of authority and responsibility that may arise in disaster operations;

4. Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the Town for the fair value thereof or by commandeering the same;

5. Delegate to elected and appointed officials of the Town such duties and authorities as may be deemed necessary;

6. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by a condition declared an emergency as proved herein;

7. Require performance of emergency services by a Town officer or employee and to command the aid of as many citizens of the Town as may be necessary in the execution of required duties;

8. Exercise complete authority over the Town and to exercise all police power vested in the Town by the State and Federal constitution and general laws;

9. Designate alternative locations for the Town's emergency operations center (EOC).

(2) In addition to the powers granted herein, the director shall have such powers incidental to the performance of duties as shall be necessary to allow the Town's EOP to be carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon necessary powers.

(Code 1990, §§ 2.48.060, 2.48.070; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

(a) In the Town Manager's absence or inability to act, the Town Manager shall automatically be succeeded as Emergency Services Director by, in order:

(1) Officials and persons designated for this purpose by the Town Manager;

(2) Police Chief;

(3) Public Works Director;

(4) Mayor or Mayor pro tem, on an as-needed basis.

(b) Each person who shall succeed to each position or office as provided in this chapter shall succeed to all the powers and duties of the office succeeded to immediately upon such succession.

(Code 1990, § 2.48.080; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

During the existence of a state of war emergency or of a declared state of emergency, local emergency, disaster, or emergency affecting the Town, each member of the Town emergency services organization shall have authority to require that all persons shall follow reasonable orders given within the scope of necessary functions in order to execute the EOP of the Town, and the willful failure of any person to follow such reasonable order or orders shall be a misdemeanor.

(Code 1990, § 2.48.090; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the Town Council, shall be Mayor pro tempore followed by the remaining Town Councilmembers in the order of their seniority, excluding standby successors who may have been appointed pursuant to Government Code § 8638.

(Code 1990, § 2.48.100; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

Unless emergencies render the same impossible or unduly hazardous to safety, the Town shall operate an emergency operations center (EOC) in the Town Council chamber. Alternative sites may be designated and developed as necessary.

(Code 1990, § 2.48.110; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

It shall be a criminal act and a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster:

(1) To willfully obstruct, hinder or delay any member of the Town emergency services organization in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such emergency services organization member by virtue of this chapter;

(2) To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter that could give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or

(3) To wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the Federal or State governments.

(Code 1990, § 2.48.120; Ord. No. 17-01, § 2(exh. B), 1-4-2017)

Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a misdemeanor.

(Code 1990, § 2.48.130; Ord. No. 17-01, § 2(exh. B), 1-4-2017)