Chapter 9

EMERGENCIES

§ 9-1. Purposes. [Ord. No. 604, § 1; Ord. No. 1084, § 9.1]

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 the City of Oakdale in the event of an emergency; the direction of the emergency organization and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations and affected private persons.

§ 9-2. Definitions. [Ord. No. 604, § 1; Ord. No. 1084, § 9.2]

EMERGENCY — Shall mean 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, earthquake, or other conditions including those resulting from war or imminent threat of war, but not those likely to be beyond the control of the services, personnel, equipment and facilities of the city, requiring the combining forces of other political subdivisions to combat.

§ 9-3. Disaster council – Membership. [Ord. No. 604, § 1; Ord. No. 1084, § 9.3]

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

• (a) The mayor, who shall be chairperson.

• (b) The director of emergency services, 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 city, adopted pursuant to this chapter.

• (e) Such representatives 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 city council.

1. Editor's Note: See Section 9-13 for temporary suspension of Sections 9-1 through 9-12.

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City of Oakdale, CA § 9-4

OAKDALE CITY CODE

§ 9-6

§ 9-4. Disaster council – Powers and duties. [Ord. No. 604, § 1; Ord. No. 1084, § 9.4]

It shall be the duty of the Oakdale disaster council, and it is hereby empowered, 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. The disaster council shall meet upon call of the chairperson, or in his/her absence from the city or inability to call such meeting, upon call of the vice chairperson.

§ 9-5. Director and assistant director of emergency services. [Ord. No. 604, § 1; Ord. No. 1084, § 9.5]

• (a) There is hereby created the office of director of emergency services. The city administrator shall be the director of emergency services.

• (b) There is hereby created the office of assistant director of emergency services, who shall be the fire chief.

§ 9-6. Powers and duties of the director and assistant director of emergency services. [Ord. No. 604, § 1; Ord. No. 1084, § 9.6]

• (a) The director is hereby empowered to:

  • (1) 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 the director proclaims a local emergency, the city council shall take action to ratify such proclamation within seven days thereafter, or the proclamation shall have 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 city 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 city; and resolve questions of authority and responsibility that may arise between them.

  • (5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

  • (6) In the event of the proclamation of a local emergency as herein provided, 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 hereby empowered:

    • a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council.

    • 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 city for the fair value thereof and, if required immediately, to commandeer the same for public use.

    • c. To require emergency service of any city officer or employee and, in the event of the

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City of Oakdale, CA § 9-6

EMERGENCIES

§ 9-10

proclamation of a state of war emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his duties; such persons shall be entitled to privileges, benefits and immunities as are provided by state law for registered disaster service workers.

• d. To requisition necessary personnel or material of any city department or agency.

• e. To execute all of his/her powers as city administrator, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council, and by any other lawful authority.

• (7) In the event the director of emergency services is unavailable to attend meetings and otherwise perform his duties during an emergency, the assistant director shall act as director. The director of emergency services shall designate the order of succession to his office in the event that both the director and the assistant director are unavailable to attend meetings and otherwise perform the duties of director during an emergency. A clear order of succession shall be set forth, sufficient to offer assurance that there will be a successor able to act in the event of a foreseeable disaster. Such order of succession shall be submitted to the city council and approved by the city council by motion recorded in the minutes.

• (8) 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 city; and shall have such other powers and duties as may be assigned by the director.

§ 9-7. Emergency organization. [Ord. No. 604, § 1; Ord. No. 1084, § 9.7]

All officers and employees of the 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 pressed into service under the provisions of section 9.6(a)(6)c of this chapter, be charged with duties incidental to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the City of Oakdale.

§ 9-8. Emergency plan. [Ord. No. 604, § 1; Ord. No. 1084, § 9.8]

The Oakdale disaster council shall be responsible for the development of the City of Oakdale emergency plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet and condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization. Such plan shall take effect upon adoption by resolution of the city council.

§ 9-9. Expenditures. [Ord. No. 604, § 1; Ord. No. 1084, § 9.9]

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 of Oakdale.

§ 9-10. Punishment of violations. [Ord. No. 604, § 1; Ord. No. 1084, § 9.10]

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 an emergency to:

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City of Oakdale, CA § 9-10

OAKDALE CITY CODE

§ 9-13

• (a) Willfully 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 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) Wear, carry or display without authority any means of identification specified by the emergency agency of the State.

§ 9-11. Repeal of conflicting ordinances. [Ord. No. 1084, § 9.11]

All ordinances in conflict herewith are hereby repealed; provided that it is the intent of the city council in enacting this ordinance that it shall be considered a revision and continuation of the ordinances repealed by this ordinance, and the status of volunteers shall not be affected by such repeals; nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations or resolutions adopted pursuant to such repealed ordinances be affected by such repeal until amended, modified or superseded as provided in this ordinance; unless such plans, agreements, rules, regulations or resolutions are inconsistent with the provisions of this ordinance and in conflict therewith, in which case they are repealed.

§ 9-12. Severability. [Ord. No. 604, § 1; Ord. No. 1084, § 9.12]

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter are declared to be severable.

§ 9-13. Suspension of Sections 9-1 through 9-12 during time the City of Oakdale is a participant in the Stanislaus County Disaster Council.

The powers and duties enumerated in Sections 91 through 9-12 are hereby suspended during the term in which the City of Oakdale is a participant in the Stanislaus County Disaster Council. This suspension shall terminate on the date the City of Oakdale is no longer a participant in the Stanislaus County Disaster Council.

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City of Oakdale, CA