Mission Viejo Municipal Code Ch. 2.20 Disaster Relief

Footnotes:

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Cross reference— Ambulance service, ch. 6.02; fire code, ch. 8.04; traffic, tit. 12; streets and sidewalks, tit. 14.

State Law reference— Emergency services, Government Code § 8550 et seq.

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 city in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the city with the county and with all other public agencies, corporations, organizations and affected private persons.

(Code 1988, § 2.20.010; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

(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:

(1) 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 such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or other conditions, 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 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 requires extraordinary measures beyond the authority vested in the state public utilities commission.

(2) 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 such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, 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 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 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 state public utilities commission.

(3) State of war emergency means the condition which 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 such an enemy attack is probable or imminent.

(b) Other terms used herein shall have meanings as used in the California Emergency Services Act.

(Code 1988, § 2.20.020; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

Cross reference— Definitions generally, § 1.01.170.

The city disaster council is hereby created and established and shall consist of the following individuals:

(1) The city manager, who shall be the chair of the council.

(2) The coordinator of the office of emergency services, who shall be designated by the city manager and who shall serve as vice-chair of the council.

(3) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.

(4) Such representatives of civic, business, labor, veterans, professional, or the organizations having an official emergency responsibility, as may be appointed by the coordinator of the office of emergency services with the advice and consent of the city council.

(Code 1988, § 2.20.025; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

It shall be the duty of the city disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council emergency and mutual-aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon the call of the council's chair or in the chair's absence from the city or inability to call such meeting, upon the call of the council's vice-chair.

(Code 1988, § 2.20.026; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

The city disaster corps consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the city. The officers of the city shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the city, and to conduct the activities thereof.

(Code 1988, § 2.20.030; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

The disaster corps shall be activated and shall function as a disaster relief body, only:

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

(2) Upon the declaration by the governor of the state, or of persons authorized to act in his stead, of a state of emergency affecting and including the city;

(3) Upon the declaration of a local emergency by the board of supervisors of the county, or by persons authorized to act in its stead, affecting and including the city; or

(4) Upon the declaration of a local emergency by the city council or by persons herein authorized to act in its stead.

(Code 1988, § 2.20.040; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

The city manager shall be the disaster director. In the city manager's absence or inability to act the city manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the city.

(Code 1988, § 2.20.050; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

The disaster director shall have the following powers and duties:

(1) To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps.

(2) To request the city council to proclaim the existence of a local emergency if the council is in session, or to issue such proclamation if the council is not in session.

(3) To request the governor to proclaim the existence of a state of emergency when in the opinion of the director the locally available resources are inadequate to cope with the emergency.

(4) During the existence of a state of war emergency, or the proclaimed existence of a state of emergency or a local emergency affecting the city, to:

a. Control and direct the activities of the city disaster corps.

b. Use all city resources for the preservation of life and property and to reduce the effects of the disaster.

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

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

e. Delegate to elected and appointed officials of the city such duties and authorities as he deems necessary.

f. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein.

g. Require performance of emergency services by any city officer or employee and to command the aid of as many citizens of the city as he thinks necessary in the execution of his duties.

h. Exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws.

(5) In addition to the powers granted herein, the director shall have such powers incidental to the performance of his duties as shall be necessary to allow him to carry out the disaster operations plan of the city, it being the intent of this chapter that the enumerated powers herein are not limitations upon his powers.

(Code 1988, § 2.20.060; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

There is created the city office of disaster preparedness, which shall consist of such positions as may be established by the city manager.

(Code 1988, § 2.20.070; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the city shall succeed to all the powers and duties of the office succeeded to immediately upon such succession.

(Code 1988, § 2.20.080; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

During the existence of a state of war emergency or of a proclaimed state of emergency or local emergency affecting the city, each member of the city disaster corps shall have authority to require that all persons shall follow reasonable orders given by him within the scope of his functions in order to execute the disaster operations plan of the city, and the willful failure of any person to follow such reasonable order or orders is a misdemeanor.

(Code 1988, § 2.20.090; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

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 city council, shall be mayor pro tempore followed by the remaining city council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Government Code § 8638.

(Code 1988, § 2.20.100; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the city.

(Code 1988, § 2.20.110; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

It is 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 city disaster corps 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 disaster corps member by virtue of this chapter.

(2) To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to 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.

(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 1988, § 2.20.120; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the city, the disaster director, or in the event of his inability to act the chief of police, may determine that a local emergency exists. At such time the disaster director shall forthwith proclaim in writing the existence of a state of local emergency. He shall cause widespread publicity and notice to be given to such proclamation.

(Code 1988, § 2.20.180; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

The proclamation of local emergency by the city council or the disaster director, as provided herein, shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Whenever a local emergency is proclaimed by the disaster director, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the city council. The city council shall review, at least every 14 days, until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

(Code 1988, § 2.20.190; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the city council. In addition to those powers and duties set forth in section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers:

(1) Curfew. The disaster director may order a general curfew applicable to the entire city or such geographical areas thereof as he deems necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements.

(2) Business closings. The disaster director may order the closing of any business establishments anywhere within the city, such businesses to include, but not be limited to, those selling alcoholic beverages, gasoline or firearms.

(3) Alcoholic beverages. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages shall be found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency.

(4) Weapons. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property.

(5) Closed areas. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency.

The foregoing specific authorizations of authority vested in the disaster director and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period.

(Code 1988, § 2.20.200; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

(a) Once a proclamation of emergency is issued, the disaster director may request from the governor all necessary assistance, requisition necessary personnel or materials from any city department or other source, control and direct all city personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property, and bind the city for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency.

(b) The disaster director may also require emergency services of any city official or employee and may command the aid of as many citizens of this city as he determines to be necessary in the execution of his duties. Such person shall be entitled to all privileges, benefits and immunities as are provided by state or local law for registered civil defense and disaster worker volunteers.

(Code 1988, § 2.20.210; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)

Any person violating any provision of this chapter or any executive order issued pursuant thereto is guilty of a misdemeanor and subject to punishment in accordance with section 1.01.230 of this Code. It shall also be a misdemeanor, subject to punishment in accordance with section 1.01.230 of this Code, for any person during an emergency, to:

(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.

(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.

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

(Code 1988, § 2.20.230; Ord. No. 90-56, § 1, 11-26-90; Ord. No. 91-78, § 1, 12-9-91)