Chapter 2.28 — DISASTER COUNCIL AND EMERGENCY SERVICES

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

(Prior code § 2-401)

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 this city 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 this city, requiring the combined forces of other political subdivisions to combat.

(Prior code § 2-402)

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

A.

The mayor, 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 this 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.

(Prior code § 2-403)

It shall be the duty of the Orange Cove disaster council, and it is 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 chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman.

(Prior code § 2-404)

A.

There is created the office of director of emergency services. The mayor 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 § 2-405)

A.

The director is empowered to:

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, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

The city council shall review, at least fourteen days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant;

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;

Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;

Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them;

Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

B.

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 Emergency Services, or the existence of a state of war emergency, the director is empowered:

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, such rules and regulations must be confirmed at the earliest practicable time by the city council;

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;

To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems 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 disaster service workers;

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

To execute all of his ordinary power as mayor, 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 by any statute, by any agreement approved by the city council, and by any other lawful authority.

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 this city; and shall have such powers and duties as may be assigned by the director.

(Ord. 269 § 2(3), 1990: prior code § 2-406)

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 Section 2.28.060B3 of this chapter be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.

(Prior code § 2-407)

The structure, duties and functions of the city emergency organization and the order of emergency succession to the position of director of emergency services shall be adopted by resolution of the city council. Unless amended by resolution, all present existing regulations shall remain in force.

(Prior code § 2-408)

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 city.

(Prior code § 2-409)

It is 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:

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 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.

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

(Prior code § 2-410)