Marin County Municipal Code Ch. 2.99 Emergency Organization and Functions

(a) The purpose of this chapter is to establish, in accordance with state laws and regulations, the authorities and systems that provide for the preparation and execution of plans for the protection of persons, property, and the environment within this county in the event of an emergency; provide the direction for the emergency organization; the coordination of the emergency functions of this county with all other public and nonpublic agencies, incorporated and unincorporated areas, private and nonprofit organizations, and affected private persons; and the continuity of the local government. In formulating emergency plans, consideration shall be given to the special needs of those persons with disabilities.

(b) There is created the Marin County Fire, Office of Emergency Management [previously referred to as the Office of Emergency Services]. The Office of Emergency Management (OEM) shall coordinate all emergency preparedness; and response, mitigation, and recovery functions and responsibilities as necessary to carry out the intent of this chapter, and will be organized, and provide emergency management training, in accordance with relevant standards, including Incident Command System (ICS), Standardized Emergency Management System {SEMS), and National Incident Management System (NIMS).

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3523, § II, 2009; Ord. No. 3779, § 1(Exh. A), 2023)

The following definitions shall apply to this chapter:

(a) "State of war emergency" means the condition that 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 an enemy attack is probable or imminent.

(b) "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 conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, 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, 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 California Public Utilities Commission.

(c) "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 a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, 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 are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(d) "Marin County Operational Area" means the area within the geographic boundaries of the county, including both the unincorporated areas and the areas of the political subdivisions within the county.

(e) "Unavailable" means that during a state of emergency or local emergency, an officer is either killed, missing, or so seriously injured as to be unable to attend meetings or otherwise perform their duties. Any question as to whether a particular officer is unavailable shall be settled by the board of supervisors, or the available members of the board of supervisors, or its designee.

(f) "Disaster council" means the Marin County Operational Area Disaster and Citizen Corps Council.

(g) "OEM" means the Marin County Fire Office of Emergency Management.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 2 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

The Marin County Operational Area Disaster and Citizen Corps Council (disaster council) is created. The members of the Disaster Council will be appointed by the board of supervisors, and will serve staggered two-year terms. The members of the disaster council will consist of appointed representatives in the following categories, in the identified numbers:

(a) Member of the board of supervisors, or designee, to permanently serve as chair (1);

(b) Mayor's and city council member's association, to serve as vice chair (1);

(c) County director of emergency management, to permanently serve as council manager and operational area director (1);

(d) Consumer representative appointed from each county supervisory district (5);

(e) Consumer representative, at large (1);

(f) County health and human services (1);

(g) County public works (1);

(h) Equity and inclusion representative, appointed by the chair (1);

(i) City manager's association (1);

(j) Fire chiefs association (1);

(k) Police chiefs association (1);

(l) Marin Voluntary Organizations Active in Disaster (VOAD) (1);

(m) Emergency medical services administrator (1);

(n) Economic forum (1);

(o) Marin County Office of Education (1);

(p) Marin County Office of the American Red Cross Bay Area Chapter (1);

(q) Marin transit (1);

(r) Access and Functional Needs (AFN) representative appointed by Marin Center for Independent Living (1); and

(s) Marin County Special Districts (as defined in California Government Code section 56036) representative (1).

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 3261 § 1, 1997: Ord. 2337 § 1, 1978: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3561, § II, 2011; Ord. No. 3593, § 1, 2013; Ord. No. 3689, § I, 2018; Ord. No. 3734, § I, 2020; Ord. No. 3779, § 1(Exh. A), 2023; Ord. No. 3814, § 2, 2024)

The Marin County Operational Area Disaster and Citizen Corps Council (disaster council) will serve as an advisory council to the director of emergency management, and in that capacity its purpose will be to review and evaluate disaster preparedness, response, mitigation, and recovery efforts in the public and private sectors; review and/or recommend the approval of Operational Area plans and procedures where appropriate; promote disaster preparedness through communication and education; harness the power of every resident through education and outreach, training and volunteer service to make their families, homes and communities safer from natural and/or humanmade disasters or emergencies; and report annually to the board of supervisors. The disaster council will meet at least quarterly or upon the call of the chair or vice chair.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023; Ord. No. 3814, § 2, 2024)

There is created the position of the director of emergency management. The director of emergency management will be appointed by and report to the fire chief. Should the director of emergency management become unavailable, the most qualified or senior OEM staff shall assume the duties of the director of emergency management until the position is appointed by the fire chief, and while assuming such duties such acting director will maintain and shall exercise all powers and duties of the director.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 2808 § 1, 1984: Ord. 2747 § 1, 1982: Ord. 2702 § 1, 1982: Ord. 2391 § 1, 1979: Ord. 2337 § 2, 1978: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

(a) The director of emergency management is empowered to:

(1) Develop emergency operations plans and associated documents under the direction of the fire chief for adoption by the board of supervisors;

(2) Develop mitigation, recovery, and continuity of operations plans under the direction of the fire chief for adoption by the board of supervisors;

(3) Develop and administer training and education programs related to emergency management activities under the direction of the fire chief;

(4) If the board of supervisors is in session, request the board of supervisors to proclaim the existence or threatened existence of a local emergency;

(5) If the board of supervisors is not in session, recommend for approval by the county executive or their designee the proclamation of the existence or threatened existence of a local emergency. Both the director, and the county executive or their designee, will have the authority to execute such proclamation. Whenever a local emergency is proclaimed by the director, or the county executive or their designee, or whenever a county health emergency is proclaimed by the county health officer pursuant to Health and Safety Code Section 101040 et seq. or its successor, and the Health and Safety Code Section 101080, or its successor, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

(6) Assemble the board of supervisors at least each sixty days, in accordance with the provisions of Government Code Section 8630, or as frequently as required by any amendment or successor to Government Code Section 8630, for the purpose of reviewing the need for continuing the local emergency;

(7) Request the governor to proclaim a state of emergency, request a director's concurrence from the governor's Office of Emergency Services (CalOES), and/or request California Disaster Assistance Act funding when, in the opinion of the director or county executive or their designee, locally available resources are inadequate to cope with the emergency;

(8) Direct and control the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter;

(9) Direct cooperation between and coordination of services and staff of the emergency organization of this county, and resolve questions of authority and responsibility that may arise between them;

(10) Represent this county in all dealings with public or private agencies on matters pertaining to emergencies falling within the purview of this chapter.

(b) In the event of a proclamation of a local emergency as provided in this chapter, the proclamation of a county health emergency by the county health officer pursuant to Health and Safety Code Section 101040 et seq., or its successor, and Health and Safety Code Section 101080, or its successor, 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 of emergency management, in addition to being empowered with the other powers enumerated in this section, is also empowered to:

(1) Make and issue rules and regulations on matters reasonably related to the protection of life, property and the environment as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors;

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

(3) Require emergency services of any county 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 residents of this county as the director deems necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; and

(4) Requisition necessary personnel or material of any department or agency in this county.

(c) Department heads and other county employees assigned tasks and responsibilities in the Marin County Operational Area Emergency Plan are responsible for attending scheduled training sessions, reporting for emergency duties as required, and completing tasks and responsibilities in a timely manner.

(Ord. 3439 § 1, 2006; Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 2747 § 2, 1982: Ord. 2622 §§ 1, 2, 1981; Ord. 1867 § 1 (part), 1971)

(Ord. No. 3638, § I, 2015; Ord. No. 3779, § 1(Exh. A), 2023; Ord. No. 3809, § 3, 2024; Ord. No. 3812, § 3, 2024)

All officers and employees of this county, 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 subsection 2.99.035(b)(3) of this chapter, are charged with duties incident to the protection of life, property and the environment in this county during such emergency, shall constitute the emergency organization of the county of Marin.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

The Marin County Operational Area Emergency Plan and any modifications thereof shall be developed, updated and maintained current by the director of emergency management. The plan will describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. The plan will include such elements as the continuity of government, the emergency services of governmental agencies, mobilization of all of the resources, mutual aid, and public information. Such plan shall take effect upon adoption by resolution of the board of supervisors.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 2747 § 3, 1982: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

(a) The continuity of local government during a state of emergency or a local emergency requires minimum precautions in accordance with Government Code Section 8635 et seq., or its successor. In January of each year, each member of the board of supervisors shall appoint and designate by filing with the county clerk the names of at least three persons and their succession order from their district who are qualified to fill their office as their standby officer in the event that such member is unavailable as defined in Government Code Section 8636 et seq., or its successor. Any such appointee may be replaced by the appointing member at any time and for any reason.

(1) Each person so appointed as standby officer shall take the oath of office and shall deliver to the county clerk within thirty days after their appointment a written declaration under oath that the person accepts the appointment and will faithfully perform the obligations imposed upon them thereby.

(2) The duties of the standby officer are as stated in Government Code Section 8641, or its successor.

(b) Department heads and other county employees who are assigned positions in the Marin County Operational Area Emergency Plan shall provide for at least a three-deep order of succession of appropriate subordinate employees to succeed to the chief position if the department head is unavailable or unable to serve.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the County of Marin, in accordance with Government Code Article 17, Section 8654 et seq., or its successor.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

Liability and immunity for political subdivisions, their offices, employees or agents, volunteers duly registered or unregistered but impressed into service, is provided according to Government Code Article 19, Sections 8655 et seq., or its successor.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998)

(Ord. No. 3779, § 1(Exh. A), 2023)

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local emergency, to:

(a) Violate any of the provisions of this chapter;

(b) Refuse or willfully neglect to obey any lawful order or regulation promulgated or issued as provided in this chapter;

(c) Willfully obstruct, 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 them by virtue of this chapter;

(d) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense or protection thereof; or

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

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998: Ord. 1867 § 1 (part), 1971)

(Ord. No. 3779, § 1(Exh. A), 2023)

It is the intent of the board of supervisors in enacting the ordinance codified in this chapter that it shall be considered a revision and continuation of the ordinance repealed by the ordinance codified in this chapter, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this chapter.

(Ord. 3429 § 2 (part), 2005: Ord. 3276 (part), 1998)

(Ord. No. 3779, § 1(Exh. A), 2023)