Milpitas Municipal Code Ch. 1 Emergency Organization and Functions

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 City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 22.1 (part), 1/19/71)

As used in this Chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons, property and the environment within this City caused by, but not limited to, earthquakes, natural, technological or manmade disasters, 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.

(Ord. 22.3 (part), 1/4/04: Ord. 22.1 (part), 1/19/71)

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

3.01-1 The Mayor, or his/her City Council designee, who shall be chairman.

3.01-2 The Director of Emergency Services (City Manager per V-1-4.01), who shall be vice chairman.

3.01-3 The Chief of Police, the Chief of the Fire Department, and the Director of Public Works.

3.01-4 Such other persons or representatives of special districts, civic organizations, local businesses, community based organizations, or other organizations having an official emergency responsibility, as may be appointed by the Mayor with the advice and consent of the City Council.

(Ord. 22.3 (part), 1/4/04: Ord. 22.1 (part), 1/19/71)

It shall be the duty of the Milpitas Disaster Council/CitizenCorps Council, which Council is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements based on the Standardized Emergency Management System (SEMS) as defined in the California Code of Regulations, Title 19, Division 2, Sections 2400-2450.

The Disaster Council/CitizenCorps Council shall provide guidance to develop disaster plans, exercises and community action plans, support citizen participation, assist with threat assessments, identify local resources and facilitate multi-agency/inter-agency coordination within its membership and with other local governments and special districts.

The Disaster Council/CitizenCorps Council shall provide oversight for engaging citizens in homeland security, emergency planning and response, and promoting community preparedness and family safety in three principal ways: through public education and outreach, through training, and through volunteer programs that draw upon special skills and interests.

CitizenCorps programs overseen by the Disaster Council/CitizenCorps Council may include one or more of the Federally administered programs including: Community Emergency Response Teams (CERT), Neighborhood Watch Programs, Medical Reserve Corps (MRC), and Volunteers in Police Service (VIPS).

All such volunteer efforts will be integrated into a strategic, comprehensive approach to ensure that the talent and time of volunteers in support of first responders and community preparedness will be effectively utilized.

The Disaster Council/CitizenCorps Council shall meet upon call of the chairman or, in his absence from the City or inability to call such meeting, upon call of the vice chairman.

(Ord. 22.3 (part), 1/4/04: Ord. 22.1 (part), 1/19/71)

There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(Ord. 22.1 (part), 1/19/71)

The Director, or in his/her absence the Assistant Director per V-1-4.04, is hereby empowered to:

4.02-1 Request the City Council to proclaim the existence or threatened existence of a "local emergency" 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 7 days thereafter or the proclamation shall have no further force or effect.

4.02-2 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.

4.02-3 Develop emergency plans with the assistance of emergency service chiefs for consideration by the Disaster Council/CitizenCorps Council and manage the emergency programs of this City.

4.02-4 Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this Chapter.

4.02-5 Direct cooperation between and coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them.

4.02-6 Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(Ord. 22.3 (part), 1/4/04: Ord. 22.1 (part), 1/19/71)

In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence a "state of war emergency," the Director is hereby empowered to:

4.03-1 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 City Council;

4.03-2 Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commander the same for public use;

4.03-3 Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this City is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems 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 service workers;

4.03-4 Requisition necessary personnel or material of any city department or agency; and

4.03-5 Execute all his ordinary power as City Manager, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by an agreement approved by the City Council, and by any other lawful authority.

(Ord. 22.1 (part), 1/19/71)

Appointment. There is hereby created the office of Assistant Director of Emergency Services. The Assistant Director of Emergency Services shall be appointed by the Director of Emergency Services.

(Ord. 22.2 (part), 8/7/90)

Appointment. There is hereby created the office of Emergency Services Coordinator. The Emergency Services Coordinator shall be appointed by the Director of Emergency Services and shall be responsible for the day-to-day operation of the Office of Emergency Services.

(Ord. 22.2 (part), 8/7/90)

Mission. The Milpitas Office of Emergency Services is hereby created and it shall develop and maintain an emergency operations plan for the City as well as a training program for city staff covering their responsibilities under the emergency operations plan. The Office of Emergency Services shall also perform other duties as may be assigned by the Director or Assistant Director of Emergency Services.

(Ord. 22.2 (part), 8/7/90)

All officers and employees of this City, together with CitizenCorps and other 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 4, paragraph V-1-4.03-3, of this Chapter, be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Milpitas.

(Ord. 22.3 (part), 1/4/04: Ord. No. 22.1 (part), 1/19/71)

The structure, duties, and functions of the Milpitas emergency organization and the order of emergency succession to the position of Director of Emergency Services, shall be adopted by resolution of the City Council.

(Ord. No. 22.1 (part), 1/19/71)

It is the purpose of the City Council in enacting this Chapter to facilitate the rendering of mutual aid to and for the people of this City. Emergency Plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County Operational Area.

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 of Milpitas.

The misdemeanor penalty has been amended (by I-1-4.09-1) to make the following an infraction:

7.01-1 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 him by virtue of this Chapter.

7.01-2 Do any act forbidden by any lawful rule or regulation issued pursuant to 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 this City, or to prevent, hinder, or delay the defense or protection thereof.

7.01-3 Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.