Chapter 2.20 — CIVIL DEFENSE, EMERGENCIES AND DISASTER RELIEF

** For statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code §8610 et seq. For statutory provisions on the State Emergency Council's rules and regulations governing disaster service workers, see Gov. Code §8580.

The declared purposes of this chapter are to provide for preparation and carrying out of plans for the protection of persons and property within the city of Parlier 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.

(Ord. 72-140 §1, 1972).

As used in this chapter, "emergency" means actual or threatened existence of conditions of disaster or of 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 conditions resulting from a labor controversy which are, or are likely to be, beyond the control of services, personnel, equipment and facilities of the city, requiring the combined forces of other political subdivisions to combat.

(Ord. 72-140 §2, 1972).

The Parlier disaster council is created and consists of the following:

A.

The mayor, who shall be chairman;

B.

The director of emergency services, who will be vice-chairman;

C.

The assistant director of emergency services;

D.

Such chiefs of emergency services as are provided for in 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.

(Ord. 72-140 §3, 1972).

It is the duty of the 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.

(Ord. 72-140 §4, 1972).

A.

There is created the office of director of emergency services. The director of parks and recreation 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.

(Ord. 72-140 §5, 1972).

A.

The director is hereby 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 such proclamation within seven days thereafter, or the proclamation shall have no further force to effect;

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 the city for the accomplishment of the purposes of this chapter;

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

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

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:

a.

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.

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 the public use,

c.

Require emergency services of any city officer or employee and, in the event of the proclamation 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 privileges, benefits and immunities as are provided by state law for registered disaster service workers,

d.

Requisition necessary personnel or material of any city department or agency,

e.

Execute all of his ordinary powers, 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;

The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council.

B.

The assistant director shall, under the supervision of the director, and with the assistance of emergency service chief, 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.

(Ord. 72-140 §6, 1972).

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 2.20.030 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.

(Ord. 72-140 §7, 1972).

The disaster 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 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.

(Ord. 72-140 §8, 1972).

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.

(Ord. 72-140 §9, 1972).

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:

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 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.

(Ord. 72-140 §10, 1972).