Reedley Municipal Code Ch. 8 Disaster and Defense Council

The declared purpose of this chapter is 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; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 466, 1971)

As used in this chapter the following words and phrases shall mean:

AIR RAID WARNING SIGNAL: A signal, by siren, whistle, horn or other audible device, of two (2) minutes duration consisting of either a fluctuating or warbling signal of varying pitch or a succession of intermittent blasts of about five (5) seconds duration separated by a silent period of about three (3) seconds.

ALL CLEAR SIGNAL: A continuous signal, by siren, horn or other audible device, of two (2) minutes duration at a steady pitch.

BLACKOUT STRUCTURE: Any space so enclosed that any illumination maintained or existing therein is not visible from any point outside such enclosure.

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, requiring the combined forces of other political subdivisions to combat.

PERIOD OF AIR RAID ALARM: The interval of time between the giving of the air raid warning signal and the giving of the next succeeding all clear signal. (Ord. 466, 1971)

A. Membership: The Reedley disaster council is hereby created and shall consist of the following:

• 1. The mayor, who shall be chair.
• 2. The director of emergency services, who shall be vice chair.
• 3. The assistant director of emergency services.

4. Such chiefs of emergency services as are provided for in a current emergency plan of the city, adopted pursuant to this chapter.

5. Such representative 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.

B. Powers And Duties: It shall be the duty of the Reedley disaster council, and it is hereby 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 chair or, in his absence from the city or inability to call such meeting, upon call of the vice chair. (Ord. 466, 1971)

A. Creation; Appointments:

1. There is hereby created the office of director of emergency services. The administrative officer shall be the director of emergency services.

2. There is hereby created the office of assistant director of emergency services, who shall be the chief of police.

B. Powers And Duties:

1. The director is hereby 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 (7) days thereafter or the proclamation shall have no further force or effect.

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 effort 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 staff 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 defined herein.

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 office of emergency services, or the existence of a state of war emergency, the director is hereby empowered:

(1) 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;

(2) 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;

(3) 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 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 persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

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

(5) To execute all of his ordinary powers as administrative officer, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto 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.

2. 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. 466, 1971)

A. Powers And Duties: 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 of subsection 2-8-4B1f(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.

B. Structure, Duties And Functions: The structure, duties and functions of the Reedley emergency organization and the order of emergency succession to the positions of director of emergency services shall be as adopted by resolution of the city council. (Ord. 466, 1971)

A. General: In order to enable the chief of police to conform to the request of the United States aircraft warning service for the obscuration, diminution or extinguishment of any illumination, whether in or out of doors, which increases the vulnerability of the city or any portion thereof, to air attack, or for the regulation of traffic during the period of air raid alarm, the chief of police may adopt and promulgate reasonable rules and regulations for such purposes, and any rules or regulations so adopted by him shall be and remain in effect for thirty (30) days thereafter, but no longer unless approved within said time by resolution of the city council; provided, however, that any rule or regulation so adopted by the chief of police may at any time be rescinded by resolution of the city council. Violation of any such rule or regulation so adopted and promulgated is hereby declared to be a misdemeanor.

B. Warning Signals:

1. General: The chief of police is hereby authorized and directed to cause the sounding of an air raid warning signal and of an all clear signal when, and only when, the district in which the city is located is notified so to do by the United States aircraft warning service. (Ord. 466, 1971)

2. Imitation Of Warning Signals: Any person who shall operate a siren, whistle or other audible device in such a manner as to simulate an air raid warning signal or an all clear signal, except upon order of the chief of police or other proper authority, shall be guilty of a misdemeanor.

The provisions of every section of this code and every administrative order made pursuant thereto, requiring any illumination to be maintained in conflict with this chapter or with an rule or regulation made pursuant to section 2-8-8 of this chapter, shall be deemed suspended during the period between an air raid warning signal and the next succeeding all clear signal. (Ord. 225, 12-23-1941)

C. Control Of Lights:

1. Any person who effects or maintains any illumination, or permits any illumination under his control to be effected or maintained, at any place during any period of air raid alarm in the hours of darkness, except a blackout structure, shall be guilty of a misdemeanor.

2. The maintenance or leaving of any illumination, except within a blackout structure, without provision for its extinguishment, within one minute after the commencement of a period of air raid alarm by a competent person over the age of eighteen (18) years attendant at the place where such illumination is controlled, is hereby prohibited.

3. Any illumination contrary to the provisions of this chapter, or to any rule or regulation adopted and promulgated in accordance with section 2-8-8 of this chapter, constitutes a public nuisance, and the same may be summarily abated by any peace officer, highway patrol officer or firefighter. Any structure may be entered by any peace officer, highway patrol officer or firefighter, using reasonable force if necessary, for the purpose of abating such a nuisance by extinguishing such illumination.

D. Directions During Alarm: It shall be unlawful to disobey any lawful direction or order of a peace officer, highway patrol officer or firefighter given during a period of air raid alarm, which order is reasonably necessary for the maintenance of public order or safety or to effect the extinguishment or obscuration of light.

E. Vehicles During Alarm: At the commencement of a period of air raid alarm, the operator of any motor vehicle shall forthwith bring such vehicle as far as possible to the side of the street, road or highway off the main traveled portion thereof, and the operator of such motor vehicle shall bring such motor vehicle to a stop clear of any crossing, intersection, firehouse, fireplug, hospital or other emergency depot or area, and during the hours of darkness shall extinguish all lights therein or thereon, and said motor vehicle shall remain so situated during the period of air raid alarm unless directed or ordered to move by a peace officer, highway patrol officer or firefighter.

F. Identification: It shall be unlawful for any person without authority, during any air raid alarm, to use, wear, exhibit or possess any uniform, insignia, credential or other indication of authority, or any imitation thereof, adopted and issued by any official civilian defense organization. (Ord. 466, 1971)

The provisions of this chapter shall not apply to blackout emergency vehicles, which shall include the following:

A. All army and navy vehicles;

B. All vehicles with United States government credentials indicating the necessity of emergency movement;

C. All authorized emergency vehicles as defined in Vehicle Code 44 and 44.1;

D. All vehicles being operated by members of the California state guard while actually on duty;

E. All vehicles of volunteer personnel engaged in the operation of the aircraft warning service of the fourth interceptor command while such personnel are actually going to or from their posts of duty;

F. All vehicles certified by sheriffs, district attorneys, the California state highway patrol, police chiefs and fire chiefs, when within the respective territorial jurisdictions of the certifying office, as being essential to the preservation of the public peace and safety or to the dissemination of public information or to the national defense; provided, however, that such vehicles shall conform to the uniform lighting regulations approved by the department of motor vehicles and the California state highway patrol for blackout emergency vehicles. No certificate shall be issued which conflicts with any regulations or order of the United States army applicable in the area for which the certificate is issued. (Ord. 466, 1971)

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be conclusively deemed to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 466, 1971)

It shall be a misdemeanor punishable by a fine as provided in the general penalty in section 1-4-1 of this code, for any person during an emergency to: (Ord. 466, 1971; amd. 2007 Code)

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 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. Without authority, to wear, carry or display any means of identification specified by the emergency agency of the state. (Ord. 466, 1971)