Pacifica Municipal Code Ch. 2 Emergency Services

* Chapters 2 entitled "Civil Defense", consisting of Sections 4-2.01 through 4-2.08, codified from Ordinance No. 31, as amended by Ordinance Nos. 339 and 446, amended by Ordinance No. 146-C.S., effective July 9, 1975. Chapter 2 entitled "Emergency Services", consisting of Sections 4-2.01 through 4-2.08, as added by said Ordinance No. 146-C.S., repealed by Ordinance No. 353-C.S., effective December 8, 1982.

The declared purposes of this chapter are as follows:

(a) To provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency;

(b) To provide for the coordination of the emergency functions of the City with all other public agencies and affected private persons, corporations, and organizations; and

(c) To provide for the preparation and carrying out of administrative duties which are required by the provisions of Public Law 85-606.

Any expenditures made in connection with such 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.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

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 earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

The Pacifica Emergency Services Council is hereby created and shall consist of the following:

(a) The Mayor, who shall chair the council;

(b) The Director of Emergency Services, who shall be vice-chair;

(c) The Deputy Director, appointed by the City Manager with the advice and consent of the City Council, who, under the supervision of the Director, shall develop emergency service plans, organize the emergency services program of the City, and have such other duties as may be assigned by the Director;

(d) Such chiefs of emergency service departments, services, or divisions as are provided for by resolution pursuant to the provisions of this chapter; and

(e) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility as may be appointed by the Mayor with advice and consent of the City Council.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

It shall be the duty of the Pacifica Emergency Services Council, and it is hereby empowered, to review and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Emergency Services Council shall meet upon call of the chair or, in his or her absence from the City or inability to call such a meeting, upon the call of the vice-chair, or in his or her absence, upon call in this order, of the Director of Public Safety, Director of Community Development and Services.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

There is hereby created the office of Director of Emergency Services. Such officer shall be the City Manager. The Director is hereby empowered:

(a) To request the City Council to proclaim the existence of a "local emergency" and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not session, subject to confirmation by the City Council at the earliest possible time;

(b) To 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;

(c) To control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter;

(d) To direct coordination and cooperation between divisions, services, and staff of the emergency service organization of the City and to resolve questions of authority and responsibility which may arise between them;

(e) To declare a general curfew for not more than seventy-two (72) hours on the declaration of an emergency, which curfew shall be limited to the areas wherein the emergency conditions have been proclaimed to exist and to the hours the Director finds and publicly declares to be necessary for the protection of persons and property. The Director may extend the curfew beyond the initial seventy-two (72) hours upon recommendation by the City Council, subject to immediate termination at any time upon the City Council's written order.

During the effective hours of a general curfew it shall be unlawful for any person to remain in or upon any public street, road, highway, alley, park, playground, pathway, sidewalk, or other area, private property open to the public, public grounds or buildings, places of public amusement or entertainment, or vacant lots in the curfew areas unless the presence of such person in such places is permitted by written authorization of an officer of the City emergency services;

(f) To declare a special curfew for nor more than twenty-four (24) hours if an emergency has been declared. Such a curfew may be extended only upon recommendation of the City Council; provided, however, the duration of such curfew shall absolutely be restricted to twenty (20) hours in any twenty-four (24) hour period after the passing of the initial twenty-four (24) hour period.

During the effective hours of a special curfew it shall be unlawful for any person to be or appear outside a dwelling house or other building within the curfew area unless compelled to do so by any emergency or unless authorized by a law enforcement officer;

(g) To represent the emergency service organization of the City in all dealings with public or private agencies pertaining to emergencies; and

(h) Subject to approval of the City Council, to appoint from his staff a Deputy Director of Emergency Services:

(1) To develop emergency plans;

(2) To organize the emergency program of the City;

(3) To submit annual and semi-annual reports;

(4) Such other duties as may be assigned by the Director.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

In the event of the proclamation of a "local emergency", or the proclamation of a "state of emergency," by the Governor or the Director of the 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 regarding matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations shall be confirmed at the earliest practicable time by the City Council; and provided further, such rules and regulations shall not supersede State or Federal rules or regulations;

(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, 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 the City is located, or the existence of a "state of war emergency," to command the aid of as many adult citizens of the community as the Director thinks necessary in the execution of his duties. Such persons shall be entitled to all the privileges, benefits, and immunities provided by State laws for requested disaster service works;

(d) To requisition necessary personnel or materials of any City department or agency;

(e) To execute all ordinary powers as City Manager, all the special powers conferred upon him by any statute or agreement approved by the City Council or by any other lawful authority, and, in conformity with the provisions of Section 38791 of the Government Code of the State, to exercise complete authority over the City and all police powers vested in the City by Constitution and general laws of the State; and

(f) To designate the order of succession in the event the Director is unable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council, as follows:

(1) Acting Director of Emergency Services: Director of Public Safety;

(2) Acting Director of Emergency Services: Director of Community Development and Services;

(3) Any other officer or employee duly appointed by the City Council.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

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 laws, including persons pressed into service pursuant to the provisions of subsection (c) of Section 4-2.06 of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency services organization of the City.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)

The City of Pacifica Emergency Services 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 the City, both public and private, to meet any condition 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 plan shall take effect upon adoption by resolution of the City Council.

(§ 1, Ord. 557-C.S., eff. September 26, 1990)