Pismo Beach Municipal Code Ch. 2.32 Emergency Services

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the safety of persons and property within the city in the event of a disaster and to provide for the coordination of the emergency services and disaster functions of this city with all other public agencies and affected private persons, corporations, and organizations, for the express purpose of the protection of the health, safety, and property of persons within the city and the preservation of peace and order. (Ord. 04-06 (part), 2004)

For purposes of this chapter, the words and phrases defined in this section shall have the following meanings:

"Emergency" means the actual or threatened conditions of disaster or extreme peril to the health and safety of persons and property within this city due to an actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar calamity which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat.

"Emergency services" means the preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from any emergency. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. (Ord. 04-06 (part), 2004)

The city of Pismo Beach emergency services committee is created and shall consist of the following:

A. The mayor, who shall be the chairperson of the emergency services committee;

B. The city manager, who shall be the director of emergency services, shall be the vice-chairperson, and shall develop emergency services and disaster plans and organize the program for the city, and shall have such other duties as may be assigned;

C. An emergency services coordinator, who shall be the assistant director of emergency services, who is responsible for plan updates and other duties;

D. Such chiefs of emergency services and departments, services or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civic, business, labor, and veterans, professional or other organizations having an official group or organization of emergency service of disaster responsibility as may be appointed by the director of emergency services with the advice and consent of the city council. (Ord. 04-06 (part), 2004)

It shall be the duty of the city emergency services committee, and it is empowered, to review and recommend for adoption by the city council, emergency services 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 emergency services committee shall meet upon call of the chairman or, in his or her absence from the city or inability to call such meeting, upon the call of the vice-chairperson. (Ord. 04-06 (part), 2004)

The city manager shall be the director of emergency services and is empowered:

A. To request the city council to proclaim the existence, or threatened existence of a disaster and the termination thereof if the city council is in session or to issue such proclamation if the city council is not in session, such action to be confirmed by the city council at the earliest practicable time;

B. To 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 disaster;

C. To control and direct the effort of the emergency services 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 services committee of this city, and to resolve questions of authority and responsibility that may arise between them;

E. To represent the emergency services committee of this city in all dealings with the public or private agencies pertaining to emergencies and emergency services as defined herein. (Ord. 04-06 (part), 2004)

2.32.050

In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of emergency by the governor or the state director of emergency services, or the existence of a state of war emergency, the city director of emergency services is empowered:

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 of the people, and 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 extreme emergency by the governor in the county or the existence of a state of war emergency, to command the aid of as many citizens of this community as thought necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by law for registered emergency services workers and volunteers;

D. To requisition necessary personnel or material of any city department or agency;

E. To execute all of his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him or her by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws;

F. 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 the city and shall have such other powers and duties as may be assigned by the director. (Ord. 04-06 (part), 2004)

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations, and persons, including persons commandeered under the provisions of Section 2.36.060 C, who may by agreement or operations of laws, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency services organization of the city. (Ord. 04-06 (part), 2004)

A. The functions and duties of the city emergency services committee shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution.

B. The city council shall concurrently with the adoption of this chapter, adopt a resolution setting forth the form or organization establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the emergency services agency of the state. (Ord. 04-06 (part), 2004)

The emergency services committee shall be responsible for the development of the city emergency operating plan, which plan shall provide for the effective 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 staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. 04-06 (part), 2004)

Any expenditure made in connection with such emergency services and 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. 04-06 (part), 2004)

It is a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed six months, or both, for any person during an emergency:

A. Wilfully to obstruct, hinder or delay any member of the emergency services 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 or her by virtue of this chapter;

B. To do any act forbidden by any lawful rules or regulations 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;

C. To wear, carry or display, without authority, any means of identification specified by the emergency services committee of the state or of the city. (Ord. 04-06 (part), 2004)