Nevada City Municipal Code Ch. 2.44 Civil Defense, Emergency Preparedness, and Disaster Plan

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection and civil defense of persons and property within this city in the event of an emergency or disaster, and to provide for the coordination of the civil defense, emergency preparedness, and disaster functions of this city with all other public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with civil defense, emergency, and disaster 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. Any emergency or disaster plan prepared pursuant to this chapter is intended to achieve, and shall be interpreted to accomplish, the following goals:

A. Minimize suffering, loss of life, personal injury, and property damage resulting from hazardous and/or emergency conditions;

B. Minimize disaster related shortages and service system disruptions that would have an adverse impact on residents, visitors, and the local economy;

C. Provide immediate relief and promote short-range and long-range recovery;

D. Avoid or reduce loss of life and property damage resulting from disasters;

E:

Comply with state and federal disaster assistance regulations; and

F. Document all disaster related expenses to ensure the fullest possible recovery of funds in the event of a presidential declaration.

(Amended during 1990 codification; Ord. 259 § 1, 1951; Ord. No. 2011-06, § II, 1-13-2011)

As used in the chapter:

The term "civil defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

The term "disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, injury, loss of life or property, or such severe economic or social disruption that supplemental relief assistance is necessary for the county to recover and alleviate the damage, loss, hardship, or suffering caused thereby. At the federal level, as defined under P.L. 93-288, a disaster is any natural catastrophe, (including any hurricane, tornado, storm, flood, high water, wind-driven water, earthquake, landslide, mudslide, snowstorm, or drought), or regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations.

The term "emergency" means the occurrence or imminent threat of a condition, incident, or event that requires immediate response actions to save lives; prevent injuries; protect property, public health, the environment, and public safety; or to lessen or avert the threat of a disaster. At the federal level, an emergency is defined by Title V of P.L. 93-288, Section 102(1), as any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety.

(Ord. 259 § 2, 1951; Ord. No. 2011-06, § III, 1-13-2011)

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

A. The City Manager, who shall be chairman.

B. The Chief of Police, who shall be the vice chairman.

C. The assistant director, appointed by the City Manager with the advice and consent of the city council who, under the supervision of the director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this city, and shall have such other duties as may be as signed by the director.

D. Such deputy directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter.

E. Such representatives of civic, business, later, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the City Manager with the advice and consent of the city council.

(Ord. 259 § 3, 1951; Ord. No. 2020-05, § 1, 3-25-2020)

A. It shall be the duty of die city civil defense and disaster council, and it is hereby empowered, to review and recommend for adoption by the city council, civil defense and disaster and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as necessary to implement such plans and agreements.

B. The civil defense and disaster council shall meet upon call of the chairman or in his absence from the city or inability to call such meeting, upon the call of the vice chairman.

C. A city emergency and/or disaster plan may be adopted by resolution. Nothing in this section is intended to preclude consideration and adoption by the city council of an emergency or disaster plan that was not prepared, reviewed, or recommended by the civil defense and disaster council.

(Ord. 259 § 4, 1951; Ord. No. 2011-06, § IV, 1-13-2011)

Until such time as an emergency and/or disaster plan for the city providing otherwise is adopted by resolution of the city council and is in full force and effect:

A. The City Manager shall be the director of civil defense and disaster.

1. To request the city council to proclaim the existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council within seven (7) days of such proclamation;

2. To request the Governor to proclaim a state of extreme emergency when in the opinion of the director the resources of die area or region are inadequate to cope with the disaster;

3. To control and direct the effort of the civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter;

4. To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this city, and to resolve questions of authority and responsibility that may arise between them;

5. To represent the civil defense and disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster.

B. In the event of the proclamation of a disaster, as provided in this chapter, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, the director is empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed within seven (7) days by the city council;

2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the lives and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

3. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this community as he thinks 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 civil defense and disaster worker volunteers;

C. To requisition necessary personnel or material of any city department or agency;

D. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by any statute, agreement approved by the city council or by any other lawful authority, and in conformity with Section 38791 of the Government Code, or by any other lawful authority, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.

E. In the event that an emergency and/or disaster plan is adopted for the city that provides for activation by a person other than the City Manager or any other provisions inconsistent with those contained in this section, the provisions of that plan shall control over the provisions of this section so long as that plan is in full force and effect and not repealed.

(Ord. 259 § 6, 1951; Ord. No. 2011-06, § V, 1-13-2011; Ord. No. 2020-05, §§ 2—6, 3-25-2020)

A. All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 2.44.040(C) of this chapter, be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the civil defense and disaster organization of the city.

B. The functions and duties of the city civil defense and disaster organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

C. The city council shall concurrently with the adoption of the ordinance codified in this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Civil Defense Agency of the state.

(Ord. 259 §§ 7, 8, 1951)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person during a disaster:

A. Wilfully to obstruct, hinder or delay any member of the civil defense and disaster 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. To do any act forbidden by any lawful rules or regulations 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;

C. To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the state.

(Ord. 259 § 9, 1951)