Mono County Municipal Code Ch. 2.60 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 this county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the county with all other public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with such emergency response activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county.

It is further declared to be the purpose of this chapter and the policy of this county that all emergency services functions of this county be coordinated as far as possible with the comparable functions of the state and its political subdivisions, of the federal government including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities for dealing with any emergency that may occur.

(Ord. 83-441-B § 2 (part), 1983.)

As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons and property within this county caused by such conditions as air pollution, avalanche, drought, earthquake, epidemic, fire, flood, riot, storm, sudden and severe energy shortage, volcano, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions may or may not be beyond the control of the services, personnel, equipment, and facilities of this county and which may require the combined forces of other political subdivisions to combat.

Three conditions or degrees of emergency are established by this section:

A. "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. "State of emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, avalanche, drought, earthquake, epidemic, fire, flood, riot, storm, sudden and severe energy shortage, volcano, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, 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 extreme peril to the safety of persons and property within the territorial limits of the county, caused by such conditions as air pollution, avalanche, drought, earthquake, epidemic, fire, flood, riot, storm, sudden and severe energy shortage, volcano, or other conditions, other than conditions resulting from a labor controversy, which conditions may or may not be beyond the control of the services, personnel, equipment, and facilities of the county and may or may not require the combined forces of other political subdivisions to combat; such determinations to be made by the board of supervisors based upon recommendation from the county director of emergency services.

A "local emergency" may be proclaimed locally as provided in Section 2.60.070, or, depending upon the magnitude of the calamity, by the Governor if requested by the board of supervisors on a majority vote, or on the Governor's own initiative if he finds that local authority is inadequate to cope with the emergency, as provided for in Section 8625 of the California Government Code.

(Ord. 83-441-B § 2 (part), 1983.)

The Mono County emergency services council is created and shall consist of the following members:

A. The chairman of the board of supervisors, or an alternate appointed by him from the board of supervisors, who shall be ex officio chairman of the emergency services council;

B. The county director of emergency services and/or his designated representatives;

C. The county auditor-controller or his designated representative;

D. The county director of social welfare or her designated representative;

E. The county public health officer or his designated representative;

F. The county director of public works or his designated representative;

G. The county sheriff-coroner or his designated representative;

H. The county area fire coordinator or his designated representative;

I. The Mono County area commander of the California Highway Patrol or his designated representative, as an ex officio member;

J. The district director of Caltrans District 09 or his designated representative, as an ex officio member;

K. The forest supervisor of Inyo National Forest, FS-USDA or his designated representative, as an ex officio member;

L. The forest supervisor of Toiyabe National Forest, FS-USDA, or his designated representative, as an ex officio member;

M. Such representatives of school districts, other special public districts formed under state law, civic, business, labor, veterans, professional or other organizations having an official group or organization emergency responsibility, as may be appointed by the board of supervisors by majority vote.

(Ord. 85-441-D § 2 (part), 1985: Ord. 84-441-C § 2 (part), 1984: Ord. 83-441-B § 2 (part), 1983.)

Members of the emergency services council shall not receive compensation for their services under this chapter, but they shall be reimbursed for their actual and necessary expenses incurred in connection with their duties hereunder.

(Ord. 83-441-B § 2 (part), 1983.)

It shall be the duty of the Mono County emergency services council, and it is empowered, to review and recommend for adoption by the board of supervisors emergency and mutual aid plans and agreements and such ordinances, resolutions, and rules and regulations as are necessary to implement such plans and agreements.

The emergency services council shall meet upon call of the chairman or, upon his absence from the county or inability to call such meeting, upon call of the vice chairman, not less frequently than quarterly.

The Mono County emergency services council shall be responsible for the development of the county emergency plan, which plan shall provide for the effective mobilization of all of the resources of this county, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers, duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the board of supervisors.

(Ord. 83-441-B § 2 (part), 1983.)

The county of Mono and all political subdivisions within the county area are designated an "operational area," defined as an intermediate level of the state emergency services organization in Section 8605 of the California Government Code. In a state of war emergency, the operational area shall serve as a link in the system of communications and coordination between the state's emergency operation centers and the operation centers of the political subdivisions comprising the operational area.

(Ord. 84-331-B § 2 (part), 1983.)

In the event of an actual or threatened emergency, the board of supervisors, upon recommendation of the county director of emergency services, shall proclaim a state of local emergency if the board is in session; or the county director of emergency services shall issue the proclamation himself if the board is not in session subject to ratification by the board at the earliest practicable time. When a local emergency is proclaimed by the county director of emergency services, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors.

(Ord. 83-441-B § 2 (part), 1983.)

The board of supervisors shall review the need for continuing a declaration of local emergency in conformity with applicable law until such local emergency is terminated, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

If the board of supervisors is not in session at the conclusion of a local emergency, the county director of emergency services shall issue the proclamation terminating the local emergency, subject to board ratification at the earliest practicable time.

(Ord. 83-441-B § 2 (part), 1983.)

(Ord. No. 17-08, § 1, 5-16-2017)

A. There is a county director of emergency management ("director") who shall run the day-to-day operations of the office of emergency services.

1. If the director is not available to respond during an emergency, his or her qualified designee shall exercise all powers and duties of the director.

2. If neither the director or the qualified designee is available to respond during an emergency, the sheriff-coroner shall exercise all powers and duties of the director.

3. In the event the director, the qualified designee, and the sheriff-coroner are not available to respond during an emergency, the county administrative officer (or if he or she is not available, the assistant county administrative officer) shall exercise all powers and duties of the director.

B. The director of emergency management and any appointed qualified designee is empowered:

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

2. To 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 them for public use;

3. To 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 citizens of the county as he or she 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 to registered disaster service workers;

4. To requisition necessary personnel or material of any county department or agency;

5. To execute all of his or her ordinary power as director of emergency services and use all of the special powers conferred upon him or her by this section or by resolution, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority;

6. To request the board of supervisors to proclaim the existence or threatened existence of a "local emergency" if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, 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;

7. To recommend that the chair of the board of supervisors 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;

8. To control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter;

9. To direct cooperation between and coordination of services and staff of the emergency organization of this county, and to resolve questions of authority and responsibility that may arise between them; and

10. To represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

C. The director of emergency management and any appointed qualified designee shall be responsible for:

1. Development of planning and training for Mono County emergency response functions;

2. Research and the drafting and dissemination of emergency response plans;

3. Serving as operational area coordinator;

4. Performing such other duties as may be prescribed by the board of supervisors.

D. Notwithstanding any other provisions of this section, the sheriff is responsible for the operational command and control, direction, and deployment of public safety resources relating to law enforcement.

E. Notwithstanding any other provisions of this chapter, the sheriff shall have the following duties:

1. To exercise operational command and control, direction, and deployment of public safety resources relating to law enforcement; and

2. To coordinate law enforcement mutual aid for the county.

(Ord. 85-441-D § 2 (part), 1985: Ord. 84-441-C § 2 (part), 1984: Ord. 83-441-B § 2 (part), 1983.)

(Ord. No. 23-002, § 1, 4-18-2023)

During a state of war emergency or a state of emergency or a local emergency, the board of supervisors shall:

A. Ascertain the damage to the county and its personnel and property. For this purpose, the board of supervisors shall have the power to issue subpoenas to compel the attendance of witnesses and the production of records;

B. Proceed to reconstitute itself by filling vacancies until there are sufficient officers to form the largest quorum required by the law to act, pursuant to Sections 8635—8644 of the California Government Code. Should only one member of the board of supervisors or only one stand-by officer be available, that one shall have power to reconstitute the board of supervisors;

C. Proceed to reconstitute the county by appointment of qualified persons to fill vacancies;

D. Proceed to perform its functions in the preservation of law and order and in the furnishing of local services.

(Ord. 83-441-B § 2 (part), 1983.)

Whenever a state of war emergency or a state of emergency or a local emergency exists, the board of supervisors shall meet as soon as possible. The place of meeting need not be at the county seat or within the county. The meeting may be called by the chief executive of the county or by a majority of the members of the board of supervisors. Should there be only one member of the board of supervisors, he may call and hold said meeting and perform acts necessary to reconstitute the board of supervisors, pursuant to Sections 8635—8644 of the California Government Code.

(Ord. 83-441-B § 2 (part), 1983.)

The Mono County emergency organization shall consist of the following:

A. The board of supervisors;

B. The county director of emergency services or the deputy county director of emergency services if the director is unavailable;

C. The emergency services council;

D. The county counsel serving as legal advisor;

E. All other officers and employees of this county;

F. Those volunteer forces enrolled to render aid during an emergency; and

G. All groups, organizations, and persons who may, by agreement or operation of law, including persons impressed into service pursuant to Section 8610 of the California Government Code, be charged with duties incident to the protection of life and property in this county during such emergency.

(Ord. 83-441-B § 2 (part), 1983.)

It is a misdemeanor, punishable as provided in Section 1.12.010, for any persons during an emergency to:

A. Wilfully 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;

B. Do any act forbidden by any lawful rules or regulations 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 county, or to prevent, hinder, or delay the defense or protection thereof; and/or

C. Wear, carry, or display, without authority, any means of identification specified by the emergency services agency of the state and the county.

(Ord. 83-441-B § 2 (part), 1983.)