Chapter 2.20 — EMERGENCY SERVICES

Note: Prior history: Prior code §§ 5-7.1—5-7.10.

The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency situation; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons. (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

In this chapter unless the context otherwise requires:

"Emergency" means any or all of the following, as the context requires: an emergency situation, a local emergency, a state of emergency, or a state of war emergency.

"Emergency situation" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, earthquake, hazardous materials or conditions resulting from acts of terrorism, 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 City, requiring the combined forces of other political subdivisions to combat.

"Local emergency" means the duly proclaimed existence, by an authorized local public entity or local officer, 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 an earthquake, or other conditions, other than conditions resulting from a labor controversy, which 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 California Public Utilities Commission.

"State of emergency" means the duly proclaimed existence, by an authorized State officer, 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, 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

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.20.020

§ 2.20.050

in the California Public Utilities Commission.

"State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever the 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. (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

The Disaster Council is hereby created and shall consist of the following:

• A. The City Manager, who shall be the chair;

• B. The Assistant or Deputy City Manager, who shall be the vice chair;

• C. The Director of Public Safety;

• D. The Manager of Emergency Services;

• E. The Emergency Services Chiefs, who shall be such representatives of departments, services or divisions as are provided for by City Council resolution; and

• F. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency services responsibility as may be appointed by the City Manager.

• (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

• A. It shall be the duty of the Disaster Council:

  1. 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;

  2. To forward a copy of any emergency plan developed and adopted by the City pursuant to Section 2.20.090 to the State Office of Emergency Services, including without limitation, the City's emergency plan provided for in Section 2.20.090.

• B. The Disaster Council is hereby empowered:

  1. To register disaster service workers;

  2. To designate the individual responsible for keeping the registration of disaster service workers current, and for the accuracy and safekeeping of the official registration records, provided, however, that the documented proof that the disaster service worker has taken the oath of office shall be filed in the office of the City Clerk;

  3. To direct the activities of disaster service workers within the City.

• C. The Disaster Council shall meet upon call of the Disaster Council's chair, or in the chair's absence from the City or inability to call such meeting, upon the call of the vice chair.

• (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

NORWALK CODE

§ 2.20.050

§ 2.20.060

§ 2.20.050. Director of Emergency Services, Assistant Director of Emergency Services, and Manager of Emergency Services.

• A. There is hereby created the position of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

• B. There is hereby created the position of Assistant Director of Emergency Services. The Director of Public Safety shall be the Assistant Director of Emergency Services.

• C. There is hereby created the position of Manager of Emergency Services, who shall be appointed by the Director of Emergency Services.

• (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

• A. The Director of Emergency Services is hereby empowered to:

  1. Monitor and evaluate potentially dangerous emergency situations, and when appropriate, request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify or otherwise act upon such proclamation within seven days thereafter. 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. If the City Council does not ratify the local emergency, such inaction shall not affect the validity of any actions taken prior to the termination or expiration of the local emergency.

  2. Request the Governor to proclaim a state of emergency when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency situation and the City Council is not in session.

  3. Control and direct the effort of the emergency organization of this City as provided for in Section 2.20.080 for the accomplishment of the purposes of this chapter.

  4. Direct cooperation between and coordination of services and staff of the emergency organization of this City as provided for in Section 2.20.080; and resolve questions of authority and responsibility that may arise between them.

  5. Coordinate and carry out the policies and direction of the City Council and the Disaster Council, and perform such other duties and responsibilities as delegated by the Disaster Council or by the City Council.

  6. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies.

  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 of Emergency Services is empowered:

     • a. To implement and carry out the City's emergency plan adopted pursuant to

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.20.060

§ 2.20.060

Section 2.20.090;

• b. To make and issue written rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency, including, but not limited to, orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided however such rules and regulations must be confirmed at the earliest practicable time by the City Council;

itten rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency, including, but not limited to, orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided however such rules and regulations must be confirmed at the earliest practicable time by the City Council;

• c. To obtain from other sources vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof as provided in Sections 3.16.070(C) and 3.16.150 and, if required immediately, to commandeer the same for public use;

• d. To require services of any City officer or employee, to command the aid of as many citizens of this community as the Director of Emergency Services deems necessary in the execution of his or her duties, and to grant to public officers, employees, and registered volunteers the authority to command the aid of citizens of this community as the Director of Emergency Services 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;

• e. To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the City shall be deemed duly accepted by the City Council in accordance with Section 37354 of the California Government Code. A report of all such gifts used shall be made to the City Council at its next regular meeting for review;

• f. To requisition necessary personnel or material of any City department or agency; and

• g. To request State aid, including without limitation, financial aid, equipment, personnel, supplies or anything else that the State or Federal government can provide to assist the City in coping with, responding to, or recovering from the emergency;

• h. To perform such other functions as necessary or appropriate to cope with the emergency; and

• i. To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted by the City Council pursuant to Section 2.20.090, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority.

8. In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the Director of

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City of Norwalk, CA § 2.20.060

NORWALK CODE

§ 2.20.090

• Emergency Services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the Government Code.

• B. The Assistant Director of Emergency Services, under the supervision of the Director of Emergency Services, shall have such powers and duties as may be assigned by the Director of Emergency Services.

• C. The Manager of Emergency Services shall, under the supervision of the Director of Emergency Services and with the assistance of the Emergency Services Chiefs, be directly responsible for:

  1. The development and maintenance of emergency plans as provided for in Section 2.20.090;

  2. The management, organization and coordination of emergency programs and training, to include volunteers; and

3. Shall have such other powers and duties as may be assigned by the Director.

(Ord. 08-1605 § 1; Ord. 21-1722 § 2)

• A. Unless otherwise ordered by the City Council, in the event that the Mayor is unavailable during a duly declared local emergency or state of emergency, or during the existence of a state of war emergency, the Vice Mayor shall serve as Mayor. If the Vice Mayor is unavailable, the next senior available City Council member shall serve as Mayor. The term "unavailable" in this subsection shall have the same meaning as provided in Section 8636 of the Government Code.

• B. The Director of Emergency Services shall designate the order of succession to his or her office, to take effect in the event the Director of Emergency Services is unavailable to attend meetings and otherwise perform his or her duties during an emergency. The Director of Emergency Services shall issue a directive providing guidance for determining when he or she is unavailable.

• (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

All officers and employees of this City, 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 Section 2.20.060(A)(7)(d) of this chapter, be charged with duties incident to the protection of life, property and the environment in this City during such an emergency, shall constitute the emergency organization of the City.

(Ord. 08-1605 § 1; Ord. 21-1722 § 2)

The Disaster Council shall be responsible for the development of the City's emergency plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.20.090

§ 2.20.110

state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization as provided for in Section 2.20.080. Such plan shall take effect upon adoption by resolution of the City Council.

(Ord. 08-1605 § 1; Ord. 21-1722 § 2)

Any expenditure 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 City.

(Ord. 08-1605 § 1; Ord. 21-1722 § 2)

It is a misdemeanor, punishable pursuant to Title 1, Chapter 16 of this Code, for any person, during a local emergency, state of emergency or state of war emergency to:

• A. Willfully obstruct, hinder or delay any member of the emergency organization provided for in Section 2.20.080 in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her 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 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. Willfully fail to obey any lawful curfew regulation issued pursuant to this chapter, after being given due notice, either oral or written, of the curfew regulation.

• D. Wear, carry or display, without authority, any means of identification specified by the Director of Emergency Services.

• (Ord. 08-1605 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.24.010

§ 2.24.020