Redwood City Municipal Code Ch. 10 Emergency and Disaster Relief

Footnotes:

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Editor's note— Ord. No. 1524, §§ 1 and 2, adopted Feb. 14, 1972, amended this Code by repealing former Ch. 10, §§ 10.1—10.16, relative to civil defense and disaster relief, and enacting in lieu thereof a new Ch. 10, §§ 10.1—10.13, as herein set out. Secs. 3 and 4 of said ordinance, validity and effective date provisions, were omitted from codification. Former Ch. 10 was derived from Ord. No. 665, §§ 1—9; Ord. No. 862, § 3; and Ord. No. 1430, §§ 1—7, adopted Oct. 20, 1969.

Cross reference— Fire Prevention, Ch. 12; Offenses and Miscellaneous Provisions, Ch. 21; Police Reserves, Ch. 26.

State Law reference— Disaster preparedness, Mil. & Vet. C., § 1500 et seq.; oath of allegiance for civil defense workers, Gov. C., § 3100 et seq.

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

(Ord. No. 1524, § 2, 2-14-72)

For the purposes of this Chapter, the following words or terms shall have the meanings respectively ascribed thereto:

CURFEW: A prohibition against any person or persons being or remaining in any alley, street, highway, road, park, playground, pathway or sidewalk or other public ground or building or place of public amusement or entertainment or other public property or vacant premises within the geographical area to which a general curfew is ordered applicable.

DIRECTOR: The Director of Emergency Services as specified in Section 10.5.

DISASTER ADVISORY COMMITTEE: The committee specified and established pursuant to Section 10.3.

LOCAL EMERGENCY: The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe emergency energy shortage, plant or animal infestation or disease, the warning of an earthquake or volcanic prediction issued by the Governor or an earthquake or other conditions, 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 the City and which require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

STATE OF EMERGENCY: The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State as further defined in subdivision (b) of Government Code section 8558.

STATE OF WAR EMERGENCY: The condition described in subdivision (a), Government Code section 8558: The condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States or upon receipt by the State of a warning from the Federal Government indicating that such an enemy attack is probable or imminent.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

The City Disaster Advisory Committee is hereby established and shall consist of the following:

A. The Mayor who shall be the chairperson.

B. The Council member who has been designated by the Mayor as liaison to the County Emergency Services Council, County of San Mateo, California, who shall be the vice chairperson and who shall be the acting chairperson in the Mayor's absence.

C. The City Manager, as Director of Emergency Services, who shall be the acting chairperson in the absence of the Mayor and vice chairperson.

D. Such other representatives of City, civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, who may be appointed ad hoc by the chairperson as needed during an emergency.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

It shall be the duty of the Disaster Advisory Committee to advise, assist in developing and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement and coordinate such plans and agreements. The Disaster Advisory Committee shall meet upon the call of the chairperson or, in his or her absence from the City or inability to call such meeting, upon the call of the acting chairperson.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

A. The office of the Director of Emergency Services is hereby established. The City Manager shall be the Director of Emergency Services.

B. The office of Emergency Operations Manager is hereby established. The Fire Chief shall be the Emergency Operations Manager.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

A. Upon determining that conditions which constitute a local emergency exist, the Council or, if a quorum of the Council is unable to convene, the City Manager as Emergency Services Director may proclaim the existence of a local emergency; provided that whenever a local emergency is proclaimed by the Director, the Council shall ratify or rescind the proclamation at the earliest practicable time thereafter.

B. Upon the proclamation of a local emergency or state of emergency or the existence of state of war emergency, the City Council or, if a quorum of the Council is unable to convene the Director is hereby empowered to:

1. Request the Governor to proclaim a state of emergency when, in the opinion of the Director, locally available resources are inadequate to cope with a local emergency.

2. Control and direct the efforts of the emergency organization of the City for the accomplishment of the purposes of this Chapter.

3. Direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them.

4. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

5. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; provided, however, such rules and regulations, if not enacted by the Council pursuant hereto, shall be ratified or rescinded by the Council at the earliest practicable time after issuance thereof.

6. Order a general curfew applicable to such geographical areas of the City or to the City as a whole as deemed advisable and necessary during such hours of the day or night necessary for the furtherance of the public health, safety and welfare and reasonably calculated to avoid damage or injuries to persons, property or the disruption of the public peace.

7. Make in the interest of public health, safety and welfare any or all of the following orders with reference to certain geographical areas of the City or the City as a whole:

a. Order the closing of all retail liquor stores.

b. Order the closing of all bars and beer taverns.

c. Order the closing of all private and public clubs or portions thereof wherein the consumption of intoxicating liquor, wine or beer is permitted.

d. Order the discontinuance of the sale of liquor and wine.

e. Order the discontinuance of selling, distributing or giving away gasoline or other flammable liquid, flammable or combustible products in any container other than for dispensing fuel into a fuel tank properly affixed to a motor vehicle.

f. Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or similarly combustible products.

g. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition or explosive of any character whatsoever.

h. Order the closing of any and all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition or explosives.

i. Order the closing of any and all establishments and premises where crowds gather or tend to gather, including but not limited to theaters, stadiums, dance halls, gymnasiums, amusement areas and public places.

j. Issue other orders relating to the closing or restriction of businesses or portions thereof, the mere existence of which would reasonably constitute a threat to public safety.

8. Make under emergency life-threatening or potentially life-threatening situations any findings or orders relating to summary abatement of public nuisances, emergency demolition of building and structures and access restrictions to buildings or areas of the City necessary for the public health, safety and welfare.

C. Upon the proclamation of a local emergency or state of emergency or the existence of a state of war emergency, the Director is hereby empowered to:

1. Obtain vital supplies, equipment and such other properties found lacking and needed for the fair value thereof and, if required immediately, to commandeer the same for public use.

2. Require the emergency services of any City officer or employee and command the aid of as many citizens of this community as deemed necessary in the execution of the emergency powers and duties hereunder. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workers.

3. Requisition necessary personnel or material of any City department or agency.

4. Execute all of the special powers conferred by this Chapter or by resolution or emergency plan adopted pursuant hereto by the Council, all powers conferred by any statute or by any agreement approved by the City Council and by any other lawful authority.

D. The Director 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. Such order of succession shall be approved by the Council.

E. The Emergency Operations Manager shall, under the supervision of the Director and with the assistance of emergency services chiefs, develop emergency plans and manage the emergency operations center and the emergency operations programs of the City and exercise such other powers and duties as may be assigned by the Director.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 1639, § 1, 7-14-75; Ord. No. 2030, § 1, 11-5-90)

(Ord. No. 2385, § 1, 9-24-2012)

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 impressed into service under the provisions of subsection 10.6B2, be charged with duties incident to the protection of life and property in the City during such emergency shall constitute the emergency organization of the City.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

The City Disaster Advisory Plan shall be prepared under the supervision of the Director. Said plan shall provide for the effective mobilization of all of 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 thereof by resolution of the Council.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

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. The main police station, main fire station and City Hall are hereby designated as essential facilities necessary for the protection of community health, safety, welfare and general recovery following any emergency and shall receive priority funding in order to assure sustained operations thereof.

(Ord. No. 1524, § 2, 2-14-72; Ord. No. 2030, § 1, 11-5-90)

All persons, other than officers and employees of the City, volunteering services pursuant to the provisions of this Chapter, shall serve without compensation from the City. While engaged in such services, they shall have and enjoy the same immunities as officers and employees of the City performing similar duties.

(Ord. No. 1524, § 2, 2-14-72)

Emergencies proclaimed pursuant to this Chapter shall constitute a calamity under Penal Code, section 409.5 and be authority for the Chief of Police to take steps therein provided and authorized and pursuant to authority of this Chapter.

(Ord. No. 1524, § 2, 2-14-72)

The following general provisions apply to proclamations, rules, regulations, and orders made pursuant to the foregoing Sections of this Chapter:

A. Any such proclamation, rule, regulation, or order promulgated pursuant to the authority conferred by this Chapter shall be in force and effect from the time of promulgation and until amended, or repealed by the Director, or Assistant Director, or until repealed by the City Council.

B. Any conditions or activities conducted or maintained contrary to such proclamations, rules, regulations, or orders are public nuisances.

C. All such proclamations, rules, regulations, and orders, other than the closing of public ways under Section 10.11, shall be in writing and shall be available for public inspection at the place and during the hours fixed by the Director.

D. Persons going to or coming from any public utility, health or disaster or emergency service for the purpose of attending thereto; or persons duly authorized by any news service, newspaper, radio, or television or network to gather or report the news, shall not be subject to any curfew order under this Chapter.

E. This Chapter shall not be construed so as to conflict with any State or Federal statute, rule, regulation, or order relating to conditions in the City during the effectiveness of said proclamations, rules, regulations or orders.

(Ord. No. 1524, § 2, 2-14-72)

It shall be a misdemeanor 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 proclamation, rule, regulation or order 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 proclamation, rule, regulation or order 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 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 Emergency Agency of the State or of the City.

(Ord. No. 1524, § 2, 2-14-72)