Chapter 8.08 — DISASTERS AND EMERGENCIES

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 persons. (Ord. 1510 § 2)

As used in this chapter, "emergency" shall mean 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.

"City operational area" means all areas within the city limits of the city.

"Emergency plan" means the emergency service plan for the city, which shall be known as Oroville's multihazard functional emergency plan.

"Local emergency" means the duly proclaimed existence of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, 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, and require the combined forces of other political subdivisions to combat.

"State of emergency" means, when duly proclaimed by the governor or the director of the office of emergency services, the existence 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, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, 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.

"State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this 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. 1510 § 2)

The Oroville emergency services council is hereby created and shall consist of the following:

• A. The mayor, who shall be chairperson;

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City of Oroville, CA § 8.08.030

OROVILLE CODE

§ 8.08.060

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

• C. Such chiefs of emergency services as are provided for in a current emergency plan of this city adopted pursuant to this chapter;

• D. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility as may be recommended by the director to the city council for appointment.

• (Ord. 1510 § 2)

The Oroville emergency services council shall develop and recommend emergency and mutual aid plans and agreements for adoption by the city council, together with ordinances and resolutions and rules and regulations as may be necessary or convenient for the implementation of such plans and agreements. The emergency services council shall meet upon call of the chairperson or, in the absence from the city or inability to call such meeting, upon call of the vice-chairperson.

(Ord. 1510 § 2)

The offices of director and assistant director of emergency services are hereby created. These offices shall be filled by appointment by the mayor. (Ord. 1510 § 2)

• A. If the mayor is unable to act, 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 a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within 7 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 this city for the accomplishment of the purposes of this chapter;

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

  5. Represent this 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:

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.08.060

§ 8.08.080

• 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, 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 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 or she 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,

• d. To requisition necessary personnel or materials of any city department or agency, and

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

• B. The assistant director of emergency services 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 other powers and duties as may be assigned by the director. In case of the absence or disability of the director, the assistant director of emergency services shall assume the office and duties of the director of emergency services.

• (Ord. 1510 § 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 provision of Section 8.08.060(A)(6)(c) 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.

• (Ord. 1510 § 2)

The Oroville emergency service council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all the resources of this city, both public and private, to meet any conditions constituting a local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plans shall take effect upon adoption by

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City of Oroville, CA

OROVILLE CODE

§ 8.08.110

§ 8.08.080

resolution of the city council. (Ord. 1510 § 2)

Any expenditures made in connection with the 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. 1510 § 2)

It shall be a misdemeanor punishable by a fine not to exceed the amount outlined in the Master Fee Schedule or by imprisonment for not to exceed 6 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 by virtue of this chapter;

• B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter, if such act is of good 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.

• (Ord. 1510 § 2)

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.

(Ord. 1510 §2)

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.12.010

§ 8.12.030