Napa County Municipal Code Ch. 2.80 Emergency Services

Footnotes:

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Editor's note—Retitled by Ord. No. 1414, § 2, adopted Sept. 20, 2016, from "Emeregency Services Council."

The declared purposes of this chapter are to provide for:

A. The preparation and implementation of plans for the protection of persons and property within the county in the event of an emergency;

B. The direction of the emergency organization; and

C. The coordination of the emergency functions of the county with all other public agencies, corporations, organizations and affected private persons.

(Prior code § 1250)

As used 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 county resulting from such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, war or the imminent threat of war, but other than conditions resulting from a labor controversy which conditions are or are likely to be beyond the capability of the services, personnel, equipment and facilities of the county to control, and will apparently require the combined forces of other political subdivisions to combat.

(Prior code § 1251)

The Napa County emergency services council is created, and shall consist of the following:

A. The chairman of the board of supervisors, who shall be chairman;

B. The director of emergency services, who shall be vice-chairman;

C. The assistant director of emergency services;

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

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility as may from time to time be appointed by the board of supervisors, and serving at the pleasure of the board.

(Prior code § 1252)

It shall be the duty of the county emergency council, and it is hereby empowered, to develop and recommend for adoption by the board of supervisors, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are considered necessary to implement such plans and agreements. The emergency services council shall meet upon call of the chairman or, in his absence from the county or inability to call such meeting, upon call of the vice-chairman.

(Prior code § 1253)

A. There is created the office of director of emergency services. The county administrator shall be the director of emergency services.

B. There is created the office of assistant director of emergency services, who shall be appointed by the director.

(Prior code § 1254)

A. The director is empowered to:

1. Request the board of supervisors to proclaim the existence or threatened existence of a "local emergency" if the board of supervisors is then in session;

2. If the board of supervisors is not then in session, to proclaim that a "local emergency" then exists. Whenever a local emergency is so 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;

3. Recommend that the chairman of the board of supervisors request or, when the board and the chairman are unavailable, request that the Governor proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

4. Control and direct the effort of the emergency organization of the county for the accomplishment of the purposes of this chapter;

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

6. Represent the county in all dealings with public and private agencies on matters pertaining to emergencies as defined in this chapter;

7. In the event of the proclamation of a "local emergency," as herein provided, or 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 is empowered to:

a. 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 board of supervisors,

b. 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 the same for public use,

c. 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 deems necessary in the execution of his duties; such persons so commanded shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency service workers,

d. To requisition necessary personnel or material of any county department or agency, and

e. To execute all of his ordinary power as county administrator, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the board of supervisors, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority.

B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the board of supervisors.

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

(Ord. 1104 § 2, 1996; Ord. 1077 § 1, 1994; prior code § 1255)

A. The county health officer is empowered to declare a local emergency in the county or any area within the county when the health officer reasonably determines that conditions of disaster or extreme peril to the safety of persons within the county are caused by health conditions, such as an epidemic or similar health conditions, and are an immediate threat to public health, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the county, requiring the combined forces of other political subdivisions to combat. The county health officer may take any preventive measure that may be necessary to protect and preserve the public from any public health hazard during any "state of war emergency," "state of emergency," or "local emergency," as defined by Section 8558 of the Government Code. Preventive measure means abatement, correction, removal, or any other protective step that may be taken against any public health hazard that is caused by a disaster and affects the public health.

B. When the county health officer declares a public health emergency, the board shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(Ord. No. 1414, § 1, 9-20-2016)

All officers and employees of the 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 (A)(7) of Section 2.80.060 of this chapter, be charged with duties incident to the protection of life and property in the county during such emergency, shall constitute the emergency organization of the county.

(Prior code § 1256)

The county emergency 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 the county, both public and private, to meet any condition constituting a local emergency or state of emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the board of supervisors.

(Ord. 959 § 1, 1990: prior code § 1257)

Any expenditures made in connection with emergency activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county.

(Prior code § 1258)

It shall be a misdemeanor, punishable as provided by law, for any person, during a state of emergency or local 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 rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of the county, or to prevent, hinder or delay the defense or protection thereof;

C. Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the state.

(Ord. 959 § 2, 1990: prior code § 1259)