Moraga Municipal Code Ch. 2.48 Emergency Organization and Functions

The purpose of this chapter is to provide for: (a) the preparation and carrying out of plans for the protection of persons and property within the town in the event of an emergency; (b) the direction of the emergency organization; and (c) the coordination of the emergency functions of the town with all other public agencies, corporations, organizations and affected private persons.

(Prior code § 12-201)

In this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the town caused by such conditions as air pollution, fire flood, storm, epidemic, riot or earthquake, or other conditions, including 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 the town, requiring the combined forces of other political subdivisions to combat.

(Prior code § 12-202)

The town disaster council is created and shall consist of the following:

A. The mayor, who shall be chairperson;

B. The town manager, who is designated the director of emergency services and who shall be vice chairperson;

C. The assistant director of emergency services:

D. Such chiefs of emergency services as are provided for in a current emergency plan of the town, adopted pursuant to this chapter;

E. Such representative of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the town council.

(Prior code § 12-203)

The town disaster council shall develop and recommend for adoption by the town 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 call of the chairperson or, in his or her absence from the town or inability to call such meeting, upon call of the vice chairperson.

(Prior code § 12-204)

A. There is created the office of director of emergency services. The town manager is the director of emergency services.

B. There is created the office of assistant director of emergency services. The director appoints the assistant director.

(Prior code § 12-205)

A. The director has the authority to:

1. Request the town council to proclaim the existence or threatened existence of a local emergency if the town council is in session, or may issue such proclamation if the town council is not in session.* Whenever a local emergency is proclaimed by the director, the town council shall take action to ratify the proclamation within seven days thereafter or the proclamation has no further force or effect;**

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;***

3. Control and direct the effort of the emergency organization of the town for the accomplishment of the purposes of this chapter;

4. Direct cooperation between and coordination of services and staff of the emergency organization of the town, and resolve questions of authority and responsibility that may arise between them;

5. Represent the town in all dealings with public or private agencies on matters pertaining to emergencies.

B. The director of emergency services shall designate the order of succession to that office, to take effect if the director is unavailable to attend meetings and otherwise perform his duties during an emergency. The town council must approve the order of succession.

C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency pans and manage the emergency programs of the town and shall have such other powers and duties as may be assigned by the director.

(Prior code § 12-206)

* See suggested local proclamations: Part Three, State Emergency Plan.

** Note the provisions of Section 8630 of the California Emergency Services Act which require that the town council review, at least every fourteen (14) days until a local emergency is terminated, the need for continuing the local emergency, and further require that the town council terminate the local emergency at the earliest possible date the conditions warrant.

*** Section 8625 of the California Emergency Services Act provides that such request is to be made, in the case of a town, by the mayor or chief executive.

After a local emergency has been proclaimed as provided in this chapter, after a state of emergency has been proclaimed by the Governor or the Director of the State Office of Emergency Services, or after a state of war emergency exists, the director may:

A. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, provided such rules and regulations are confirmed at the earliest practicable time by the town council;

B. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the town for their fair value and, if required immediately, to commandeer the same for public use;

C. Require emergency services of any town officer or employee and, in the event of the proclamation of a state of war emergency, to command the aid of as many citizens of this community 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 for registered disaster service workers;

D. Requisition necessary personnel or material of any town department or agency; and

E. Execute all of his or her ordinary power as town manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted by the town council, all powers conferred upon him or her by any statute, by any agreement approved by the town council and by any other lawful authority. *

(Prior code § 12-207)

* General law cities see Section 38971 of the Government Code regarding authority to provide for a chief executive with special powers during emergencies.

All officers and employees of the town together with those volunteer forces enrolled to aid them during an emergency and all groups, organizations and persons who may be agreement or operation of law, including persons impressed into service under Section 2.48.070(C) be charged with duties incident to the protection of life and property in the town during such emergency, shall constitute the emergency organization of the town.

(Prior code § 12-208)

The town disaster council shall be responsible for the development of the town emergency plan, which plan shall provide for the effective mobilization of all of the resources of this town, 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 and duties, services and staff or the emergency organization. Such plan takes effect upon adoption by resolution of the town council.

(Prior code § 12-209)

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 town.*

(Prior code § 12-210)

* See § 53021 of the Government Code, page 36 of Part 3, State Emergency Plan.

It is a misdemeanor, punishable as provided in Section 1.24.020, for any person during an emergency to:

A. Wilfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule of regulation issued under this chapter, or in the performance of any duty imposed upon him or her by this chapter;

B. Do any act forbidden by any lawful rule or regulation issued under this chapter, if the 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 town, or to prevent, hinder or delay the defense or protection of the town;

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

(Prior code § 12-211)