Red Bluff Municipal Code Art. I General Provisions

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 this city in the event of an emergency; to direct the emergency organization; and to coordinate the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.

(`61 Code, § 6.1) (Ord. 547, passed 3-12-1974)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY. 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, fire, flood, storm, epidemic, riot, 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, and to combat which requires the combined forces of other political subdivisions.

(`61 Code, § 6.2) (Ord. 547, passed 3-12-1974)

The Disaster Council is created and shall consist of the following:

(A) The Mayor, who shall be Chairperson;

(B) The Director of Emergency Services, who shall be Vice-Chairperson;

(C) The Assistant Director of Emergency Services;

(D) The chiefs of emergency services, as are provided for in a current emergency plan to this city, adopted pursuant to this chapter; and

(E) The 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.

(`61 Code, § 6.3) (Ord. 547, passed 3-12-1974)

It shall be 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 the ordinances and resolutions and rules and regulations as are necessary to implement the plans and agreements. The Disaster Council shall meet upon call of the Chairperson or, in his or her absence from the city or inability to call the meeting, upon call of the Vice-Chairperson.

(`61 Code, § 6.4) (Ord. 547, passed 3-12-1974)

(A) There is hereby created the Office of the Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(B) There is hereby created the Office of the Assistant Director of Emergency Services, who shall be appointed by the Director.

(`61 Code, § 6.5) (Ord. 547, passed 3-12-1974)

(A) The Director of Emergency Services is 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 the 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 effect.)

(2) 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;

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

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

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

(6) 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 empowered:

(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; (The 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 and to 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 emergency in the county in which the city is located or the existence of a state of war emergency, to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; (The persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers.)

(d) To requisition necessary personnel or material of any city department or agency; and

(e) To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council and all powers conferred upon him or her by any statute, by any agreement approved by the City Council and by any other lawful authority.

(B) 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 or her duties during an emergency. The order of succession shall be approved by the City Council.

(C) 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 other powers and duties as may be assigned by the Director.

(`61 Code, § 6.6) (Ord. 547, passed 3-12-1974)

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 hereof, be charged with duties incident to the protection of life and property in this city during the emergency shall constitute the emergency organization of the city.

(`61 Code, § 6.7) (Ord. 547, passed 3-12-1974)

The Disaster Council shall be responsible for the development of the city emergency plan, which 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. The plan shall take effect upon adoption by resolution of the City Council.

(`61 Code, § 6.8) (Ord. 547, passed 3-12-1974)

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.

(`61 Code, § 6.9) (Ord. 547, passed 3-12-1974)

It shall be an infraction, punishable by a fine not to exceed $500 for any person, during an emergency, to:

(A) Willfully 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 by virtue of this chapter;

(B) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if the 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; and

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

(`61 Code, § 6.10) (Ord. 547, passed 3-12-1974)

It is the intent of the City Council, in enacting this chapter, that it will be considered a revision and continuation of the chapter repealed by this section and the status of volunteers shall not be affected by repeal, nor shall plans and agreements, rules and regulations or resolutions adopted pursuant to repealed chapter be affected by repeal until amended, modified or superseded as provided in this chapter.

(`61 Code, § 6.11) (Ord. 547, passed 3-12-1974)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications, and to this end the provisions of this chapter are declared to be severable.

(`61 Code, § 6.12) (Ord. 547, passed 3-12-1974)