Port Hueneme Municipal Code Ch. 2 Disaster Council

The purpose of this Chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of the City with all other public agencies and affected private persons, corporations and organizations.

As used in this Part, the term "civil defense" means 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 damages resulting from disasters. "Disaster" as used in this Chapter, means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(a) Membership. The Civil Defense and Disaster Council is hereby created. It shall consist of the following: The Mayor, who shall be Chairman; the City Manager, who shall act as the Director of Civil Defense and Disaster, and the Police Chief who shall be the Vice Chairman.

(b) Powers and Duties. It shall be the duty of the Civil Defense and Disaster Council, and it is hereby empowered, to review and recommend for adoption by the Council, civil defense and disaster plans, as are necessary to implement such plans and agreements. The Council shall meet upon call of the Chairman or, in his absence, upon the call of the Vice Chairman.

The Director of Civil Defense and Disaster is hereby empowered:

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

(b) To request, upon authorization of the Council if time permits the obtaining of such authorization, the Governor to proclaim a state of disaster or a state of extreme 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 civil defense and disaster organization of the City;

(d) To direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of the City, and to resolve questions of authority and responsibility that may arise between them; and

(e) To represent the civil defense and disaster organization of the City in all dealings with public or private agencies pertaining to civil defense and disaster.

In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the Director of the California Disaster Office, the Director is hereby empowered:

(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the Council;

(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 and bind the City for the payment of 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 to command the aid of as many private persons 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 civil defense and disaster service volunteers;

(d) To exercise all powers conferred by any lawful authority, including, but not limited to, those set forth in Section 38791 et seq. of the Government Code.

(a) Membership. All officers and employees of the City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 3105(c) of this Part, be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the civil defense and disaster organization of the City.

(b) Organization, Duties and Functions. The organization, duties and functions of the City civil defense and disaster organization, its relationship with the American National Red Cross, and the order of emergency succession to the position of Director of Civil Defense and Disaster shall be as set forth in the current civil defense and disaster emergency operations plan of the City. Insofar as possible, the form of organization titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the Federal Government and the State.

No person shall:

(a) Willfully obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this Part, or in the performance of any duty imposed upon him by virtue of this Part;

(b) Do any act forbidden by any lawful rules or regulations issued pursuant to this Part, 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 the 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 civil defense and disaster agency of the State.