San Joaquin Municipal Code Ch. 32 Civil Defense

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense 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. Any expenditures made in connection with the civil defense and disaster 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.

(1994 Code, § 2.32.010)

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

CIVIL DEFENSE. The preparation for and the 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 disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

DISASTER. Actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(1994 Code, § 2.32.020)

(A) The City Civil Defense and Disaster Council is created and shall consist of the following:

(1) The Mayor, who shall be Chairperson;

(2) The Director of Civil Defense and Disaster, who shall be Vice-Chairperson;

(3) The deputy directors and chiefs of operating civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter; and

(4) The representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the Mayor with the advice and consent of the City Council.

(1994 Code, § 2.32.030)

(B) It is the duty of the Civil Defense and Disaster Council and it is empowered, to review and recommend for adoption by the City Council, civil defense and disaster and mutual aid plans and agreements and the laws and resolutions and rules and regulations as are necessary to implement the plans and agreements. The Civil Defense and Disaster Council shall meet upon call of the Chairperson or, in his or her absence from the civil or inability to call the meeting, upon the call of the Vice-Chairperson.

(1994 Code, § 2.32.040)

There is created the Office of Director of Civil Defense and Disaster. The officer shall be appointed by the Mayor with the advice and consent of the City Council. The Director is empowered:

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

(B) To request the Governor to proclaim 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 for the accomplishment of the purposes of this chapter;

(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.

(1994 Code, § 2.32.050)

In the event of the proclamation of a disaster, as provided in this chapter, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, 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 disaster; provided, however, the rules and regulations must be confirmed at the earliest practicable time by the City Council;

(B) To obtain vital supplies, equipment and the 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 extreme emergency by the Governor in the region in which the city is located, to command the aid of as many citizens of the community as he or she thinks 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 civil defense and disaster worker volunteers;

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

(E) To execute 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 the Cal. Gov't Code § 38791, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.

(1994 Code, § 2.32.060)

(A) All officers and employees of this 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 laws, including persons commandeered under the provisions of § 32.05(C), be charged with duties incident to the protection of life and property in the city during the disaster, shall constitute the civil defense and disaster organization of the city.

(1994 Code, § 2.32.070)

(B) The functions and duties of the Civil Defense and Disaster Organization shall be distributed among the divisions, services and special staff as the City Council shall prescribe by resolution. The City Council shall, concurrently with the 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, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Civil Defense Agency of the state.

(1994 Code, § 2.32.080)

It is unlawful for any person during a disaster:

(A) To 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 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 the act is of 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; and/or

(C) To wear, carry or display, without authority, any means of identification specified by the Civil Defense and Disaster Agency of the state.

(1994 Code, § 2.32.090) Penalty, see § 10.99