Chapter 2.12 — EMERGENCY ORGANIZATION AND FUNCTIONS

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

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1001)

(a) The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(1) "Emergency" 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, 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.

(2) "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.

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

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1002)

(a) The Palo Alto emergency services council is hereby created and shall consist of the following:

(1) The mayor who shall be chairman;

(2) The director of emergency services shall be the city manager, who shall be vice-chairman;

(3) The assistant director of emergency services;

(4) Such chiefs of emergency services as are provided for in the current emergency plan of the city adopted pursuant to this chapter; and

(5) 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.

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1003)

It shall be the duty of the Palo Alto emergency services council, and it is hereby empowered to 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 chairman or in his absence from the city or inability to call such meeting, upon the call of the vice-chairman.

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1004)

(a) There is hereby created the office 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 who shall be appointed by the director.

(c) The director and assistant director are 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, subject to ratification by the city council 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 resources of the area or region are inadequate to cope with the emergency upon request by proper authority;

(3) Control and direct the effort of the civil emergency organization of the city for the accomplishment of the purposes of this chapter;

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

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

(Ord. 2641 § 1 (part) 1971: Ord. 2146 (part), 1963: prior code § 2.1005)

(a) 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 to:

(1) 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;

(2) 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;

(3) 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;

(4) Requisition necessary personnel or material of any city department or agency; and

(5) Execute all of his ordinary power as city manager, 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;

(6) 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 other powers and duties as may be assigned by the director.

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1006)

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 subsection (a)(3) of Section 2.12.060 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 organization of the city of Palo Alto.

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1007)

The Palo Alto emergency services council shall be responsible for the development of the city of Palo Alto emergency plan, which plan shall provide for the effective mobilization of all the resources of this city, both public and private, to meet any condition constituting an emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon its adoption by resolution of the city council.

(Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1008)

(a) At the second council meeting in January each year or as soon thereafter as may be practicable, the city council shall select seven emergency standby council members. Emergency standby council members shall be selected from former members of the city council who agree to serve in that capacity during that year and to reside within the city of Palo Alto during that year so long as they elect to participate as members of the emergency standby council. A member of the emergency standby council shall serve in that capacity from the date of appointment until the appointment of another emergency standby council the following year, unless and until the member notifies the city clerk in writing that the member

has elected to terminate participation in the emergency standby council. Each emergency standby council member shall take the oath of office required for the city council prior to assuming the position of emergency standby council member.

(b) Each emergency standby council member appointed by the city council as described in subsection (a) shall have the duty during the term of that member's appointment to remain informed of the duties of city council members and the business and affairs of the city of Palo Alto to the extent necessary to enable participation as a member of the city council upon appointment in the event of an emergency as provided hereafter.

(c) In the event of the declaration of a state of war emergency, a state of emergency, or a local emergency as those terms are designated in Articles 12, 13, and 14 of Title 2 of the California Government Code and less than a quorum of the city council is available and a city council meeting is urgently required, the members of the emergency standby council shall be contacted for service. At that meeting, any city council members who are unavailable for duty at the time of that meeting as defined by section 8636 of the California Government Code (unavailable such as the officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform the duties of office), shall be replaced by a member of the emergency standby council as necessary to reach seven members. The order of selection of emergency standby council members shall be determined by council policy. The appointment of members of the emergency standby council to fill vacancies created by the unavailability of city council members at any time during a state of emergency shall be performed by city council, and additional emergency standby members shall be appointed during the state of emergency as required to maintain a total of seven members on the city council.

(d) Members of the emergency standby council who are appointed to serve as city council members shall serve in that position until replaced by a member of the city council who becomes no longer unavailable such that the addition of emergency standby council members is no longer necessary in order to constitute a quorum, until termination of the state of emergency, or until the election or appointment of a new regular city council member as provided by law.

(Ord. 4913 § 2, 2006)

(a) It shall be a misdemeanor punishable as provided in Section1.08.010 of this code, for any person during an emergency, to:

(1) 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;

(2) 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;

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

(Ord. 3881 § 1, 1989: Ord. 2641 § 1 (part), 1971: Ord. 2146 (part), 1963: prior code § 2.1010)