Petaluma Municipal Code Ch. 2.32 Civil Defense and DISASTER1

1 Editor’s Note: For statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code

§8610, et seq. For the 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 the preparation 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 aJected private persons. (Ord. 1053 NCS §1, 1972; Ord. 189 NCS §2; prior code §9.1.)

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, Gre,

Hood, 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. (Ord. 1053 NCS §1, 1972; Ord. 189 NCS §1; prior code

§9.2.)

The city 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 oIcial

emergency responsibility, as may be appointed by the director with the advice and consent of the city council.

(Ord. 1053 NCS §1, 1972; Ord. 189 NCS §3; prior code §9.3.)

It shall be the duty of the city 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. 1053 NCS §1, 1972; Ord. 189 NCS §4; prior code §9.4.)

A. There is created the oIce of director of emergency services. The city manager shall be the director of

emergency services.

B. There is created the oIce of assistant director of emergency services, who shall be appointed by the director.

(Ord. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.5.)

The director is empowered to:

A. 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 eJect;

B. 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. Control and direct the eJort of the emergency organization of this city for the accomplishment of the

purposes of this chapter;

D. Direct cooperation between and coordination of services and staJ of the emergency organization of this city;

and resolve questions of authority and responsibility that may arise between them;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as

deGned in Section 2.32.020;

F. 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 OIce of Emergency Services, or the existence of a "state

of war emergency," the director is empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and

property as aJected by such emergency; provided, however, such rules and regulations must be conGrmed at

the earliest practicable time by the city council,

2. Pursuant to California Government Code Section 22050, to obtain vital supplies, equipment, services,

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 and to the extent permitted by law, to commandeer

the same for public use.

3. To require emergency service of any city oIcer 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 person shall be entitled to all privileges, beneGts, and immunities as are provided by state law for

registered disaster service workers, and

4. To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this

chapter or by resolution of emergency plan pursuant thereto 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.

(Ord. 2149 NCS §1, 2003; Ord. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.6(A).)

The director of emergency services shall designate the order of succession to that oIce, to take eJect 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. (Ord. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.6(B).)

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. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code

§9.6(C).)

All oIcers 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 Section 2.32.060(F)(3) 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. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.7.)

The city disaster council shall be responsible for the development of the city emergency plan, which plan shall

provide for the eJective mobilization of all of the resources of this 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 staJ of the emergency organization. Such plan shall take eJect

upon adoption by resolution of the city council. (Ord. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.8.)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed

conclusively to be for the direct protection and beneGt of the inhabitants and property of the city. (Ord. 1053 NCS

§1, 1972; Ord. 189 NCS §5; prior code §9.9.)

It is a misdemeanor, punishable by a Gne of not to exceed Gve 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 ordinance, 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;

C. Wear, carry, or display, without authority, any means of identiGcation speciGed by the emergency agency of

the state.

(Ord. 1053 NCS §1, 1972; Ord. 189 NCS §5; prior code §9.10.)