San Clemente Municipal Code Ch. 8.12 Emergency Services

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 and to provide for the coordination of the emergency functions of this City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such 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.

(Prior code § 19-1)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:

"Emergency" means actual or threatened enemy attack, sabotage, extraordinary fire, pollution, flood, storm, epidemic, riot, earthquake or similar public calamity. Included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code, including "state of war emergency," "state of emergency" and "local emergency."

State of war emergency or state of emergency are of such magnitude as to appear likely to require the combined forces of a mutual aid region or regions to combat. A local emergency consists of an emergency within the territorial limits of this county or within the territorial limits of this City, which is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of this City and requires the combined forces of other political subdivisions to combat. A state of local emergency may be proclaimed locally, as provided under Section 8.12.050 of this chapter.

"Emergency services" 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 damage resulting from an emergency. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

(Prior code § 19-2)

The City Emergency Service Advisory Group is created and shall consist of the following:

A. The City Manager, who shall be chairperson;

B. Assistant Director of Emergency Services as vice-chairman. This position shall be designated by the City Manager from among the City staff;

C. The Fire Chief or designee, Police Chief, Director of Public Works, Community Development Director, Director of the Office of Management and Budget, and Marine Safety Director. These operating department heads, under the supervision of the director, shall develop emergency operations plans and organize emergency services programs for this City, and fulfill such other duties as may be assigned to the group;

D. Such representatives of civic, business, labor, veterans, professional or any other organizations that have responsibility for emergency services, as may be appointed by the Mayor with advise and consent of the City Council.

(Ord. 1140 § 6, 1994; prior code § 19-3)

It shall be the duty of the City Emergency Services Advisory Group, and it is hereby empowered, to review and recommend for adoption by the City Council, emergency operations 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 Advisory Group shall meet upon call of the chairman or in his or her absence from the City or inability to call such a meeting, upon the call of the vice-chairman.

(Prior code § 19-4)

A. .....There is created the office of Director of Emergency Services. Such officer shall be appointed by the Mayor with the advice and consent of the City Council.

B. .....The director is empowered:

1. To request the City Council to proclaim the existence or threatened existence of an emergency and the termination thereof, if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time;

2. To request the county Operational Area Coordinator, the state Regional Area Coordinator or the Governor to proclaim a "local emergency" or "state of emergency" when in the opinion of the director the resources of the area or region are inadequate to cope with the emergency situation;

3. To control and direct the effort of the Emergency Services Organization of this City for the accomplishment of the purpose of this chapter;

4. To direct coordination and cooperation between divisions, services and staff of the Emergency Services Organization of this City, and to resolve questions of authority and responsibility that may arise between them;

5. To represent the Emergency Services Organization of this City in all dealings with public or private agencies pertaining to emergency services and operations.

(Prior code § 19-5)

In the event of the proclamation of a local emergency as herein provided, or the proclamation of a state of emergency or a state of war emergency by the Governor or the Director of the State Office of Emergency Service, 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 such emergency; provided, however, that 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 the 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 emergency or a state of war emergency by the Governor in the region in which this City is located, to command the aid of as many citizens of this community as he or she thinks necessary in the execution of his or her duties; such persons shall be entitled to all such privileges, benefits and immunities as are provided for by state law for registered disaster service volunteers (Government Code of State of California, Title I, Division 4, Chapter 8);

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

E. To execute all of his or her ordinary power as director, 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 of the state and to exercise all police power vested in the City by the Constitution and general laws.

(Prior code § 19-6)

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 pressed into service under the provisions of Section 8.12.060 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 Services Organization of the City.

(Prior code § 19-7)

A. .....The functions and duties of the Emergency Services Organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution.

B. .....The City Council shall, subsequent to adoption of this chapter, adopt a resolution setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the emergency services agencies of the federal government and the state.

(Prior code § 19-8)

It shall be unlawful for any person during an emergency:

A. To willfully obstruct, hinder or delay any member of the Emergency Services Organization in the enforcement of any lawful rules 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, to imperil the lives or property of inhabitants of this City or to prevent, hinder or delay the defense or protection thereof, or to violate any state, county, or local heath order;

C. To wear, carry or display, without authority, any means of identification specified by the emergency services agency of the state.

(Prior code § 19-9; Ord. No. 1664, § 16, 9-18-2018; Ord. No. 1698, § 2, 4-21-2020; Ord. No. 1699, § 2, 5-5-2020)