San Luis Obispo County Municipal Code Ch. 2.80 Emergency Organization and Functions

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Editor's note— Ord. No. 3523, § 2, adopted February 4, 2025, repealed §§ 2.80.030—2.80.140 and enacted new §§ 2.80.030—2.80.170 as set out herein. Former §§ 2.80.030—2.80.140 pertained to similar subject matter and derived from Ord. 1384 § 2 (part), adopted 1974; Ord. 2265 §§ 4—10, adopted 1986; and Ord. No. 3211, § 1, adopted March 15, 2011.

The declared purposes of the provisions contained in this chapter are to provide for the preparation and implementation of plans for the protection of persons and property within the county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this county with all other affected public agencies, corporations, organizations and private persons.

(Ord. 2265 § 2, 1986: Ord. 1384 § 2 (part), 1974; Ord. No. 3523, § 1, 2-4-25)

As used in this chapter, "local emergency" means 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 county caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest, drought, terrorism (including cyber terrorism), sudden and severe energy shortage/outage, de-energization, electromagnetic pulse attack, plant or animal infestation or disease, the Governor's warning of an earthquake, or volcanic prediction, earthquake, war, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control or capabilities of the services, personnel, equipment, and facilities of the county and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage/outage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(Ord. 2265 § 3, 1986: Ord. 1384 § 2(part), 1974; Ord. No. 3523, § 1, 2-4-25)

The chief executive officer shall be the County of San Luis Obispo Emergency Services Director (ESD). The ESD may appoint such designees or assistants as are necessary to discharge the duties of the ESD.

(Ord. No. 3523, § 2, 2-4-25; Ord. No. 3580, § 1, 1-6-26)

(a) The ESD is empowered to do the following or any portion thereof:

(1) Whenever in the ESD's judgment a local emergency exists, as defined in Section 2.80.020 of this code, request the board of supervisors to proclaim the existence of a local emergency, and the termination thereof, if the board of supervisors is in session, or issue such proclamation if the board of supervisors is not in session.

(2) Control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter and in accordance with the County of San Luis Obispo EOP.

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

(b) Whenever a local emergency is proclaimed by the ESD, the board of supervisors shall:

(1) Take action to ratify the proclamation within seven days thereafter or the proclamation will have no further force and effect.

(2) Review the need for continuing the local emergency at least once every sixty days or as required by state law until the board terminates the local emergency.

(3) Through the chairperson of the board of supervisors, request the Governor of the State of California to proclaim a state of emergency when, in the opinion of the ESD, locally available resources are inadequate to cope with the emergency.

(Ord. No. 3523, § 2, 2-4-25)

There is created the office of emergency services (OES). It is established to ensure coordinated operational area level activities and administer the emergency management program on behalf of the County of San Luis Obispo, operational area (OA) and the ESD. The responsibilities of OES shall include, but not limited to:

(1) Serve as the lead offsite response organization for an emergency at Diablo Canyon;

(2) Ensure that the county is prepared to respond to and recover from emergencies;

(3) Represent the county in dealings with public and private agencies pertaining to emergency planning;

(4) Prepare and maintain the basic emergency plans for the county and submit such plans to the ESD;

(5) Maintain and staff the emergency operations center (EOC) and or the joint information center as needed;

(6) Maintain twenty-four-hour a day availability of an on-call "duty officer";

(7) Provide emergency management personnel for immediate response if called upon by the county;

(8) Exercise the county emergency operations plan (EOP) and the EOC in whole or part, at least biannually;

(9) Ensure the timely receipt and dissemination of warning information along with the alert and warning to local agencies and the public within the operational area;

(10) Provide business and incident support to the San Luis Obispo Regional Hazardous Material Team;

(11) Coordinate recovery efforts from natural and or manmade disasters; and

(12) Lead and coordinate mitigation efforts for natural and or manmade disaster with county departments, cities, and special districts.

(Ord. No. 3523, § 2, 2-4-25)

Under the direction of the CEO, the director of the OES shall be the day-to-day manager of the OES and shall be responsible for carrying out the responsibilities of the office including, but not limited to:

(1) The operations of the EOC and emergency plans;

(2) Represent the county on local, regional, and statewide councils/committees focusing on emergency management, public safety, or other emergency service functions;

(3) Organize, develop and coordinate the county's participation within the OA by working with county departments, governmental entities, supporting agencies, and volunteer groups;

(4) Establish and maintain communications and liaison with the Governor's Office of Emergency Services; and

(5) Coordinate mutual aid for the county and the OA.

(Ord. No. 3523, § 2, 2-4-25; Ord. No. 3581, § 1, 1-6-26)

The San Luis Obispo County Disaster Planning Advisory Committee is created with membership to be designated by the ESD, which may include, but is not limited to, the following:

(1) The ESD or his or her designee, who shall be chairperson;

(2) Members of the staff of the county (OES);

(3) Representatives from county departments with responsibilities for emergency response as provided for in the county's emergency plans; and

(4) Representatives of the cities, state agencies, volunteer agencies, utilities, special districts, and other organizations having responsibilities for emergency response as provided for in the county's emergency plans.

(Ord. No. 3523, § 2, 2-4-25)

It shall be the duty of the San Luis Obispo County Disaster Planning Advisory Committee to advise the county OES in developing emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster planning advisory committee shall meet upon call of the chairperson, as necessary, to recommend changes or additions to county emergency response plans, review new concepts, develop and monitor disaster exercises, and identify training needs.

(Ord. No. 3523, § 2, 2-4-25)

The ESD and OES shall be responsible for the development of the county emergency plans. Those emergency plans shall provide for the effective mobilization of all of the resources of the county, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency, as defined in Government Code Section 8558, and shall provide for the organization, powers and duties, services and staff of the county's emergency organization. Such plans shall take effect upon adoption by resolution of the board of supervisors or the ESD.

(Ord. No. 3523, § 2, 2-4-25)

In the event of a proclamation of local emergency as provided in this chapter, the chairperson of the board of supervisors, or in the event the chairperson is absent from the county or otherwise unavailable, then the ESD is empowered to do the following or any portion thereof:

(1) To make and issue orders and regulations on matters necessary to provide for the protection of life and property; however, such orders and regulations must be confirmed at the earliest practicable time by the board of supervisors. Such orders and regulations, and amendments and revisions thereto, shall be given widespread publicity and notice and may include, but not be limited to the following:

a. Curfew. Order a general curfew within designated boundaries as is deemed necessary to preserve the public order and safety. "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any public alley, street or highway, any public property or any vacant premises, except persons officially designated to duty with reference to the civil emergency and representatives of the news media, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighter and law enforcement officers and personnel, OES staff, and those specifically authorized by the San Luis Obispo County Sheriff or his duly authorized agent;

b. Business Closing. Order the closing of any business establishment within the curfew area or within any other specified portion of the County of San Luis Obispo, for the period of emergency; such businesses to include, but not limited to, those selling intoxicating liquors, cereal malt beverages, gasoline, or firearms;

c. Alcoholic Beverages. Order that no person within the curfew areas or within any other specified portion of the county shall consume any alcoholic beverage in any public street or place which is publicly owned or in any motor vehicle driven or parked there on;

d. Weapons. Order that no person within the curfew area, or within any other specified portion of the county, shall carry or possess on his or her person any firearm, bomb, firebomb, knife, rock, bottle, club, brick, explosive, or weapon; provided, however, that notwithstanding the above, duly authorized law enforcement officers and members of the National Guard may carry and possess therein during such period, guns, weapons, ammunition, explosives, flammable materials or liquids, or other dangerous weapons;

e. Traffic Control. Designate any public street, thoroughfare or vehicle parking areas within the curfew area or within any other specified portion of the county closed to motor vehicles and pedestrian traffic; and

f. General Authority. Issue such other orders and regulations as are necessary for the protection of life and property; and

g. Restrict agricultural products. Limit and or restrict the movement of agricultural products during a locally declared health emergency.

(2) To obtain vital supplies, equipment, vehicles and such other property and services which, in the chairperson or ESD's judgment are lacking and needed for the protection of the life and property of San Luis Obispo County and the people therein, and to bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use;

(3) To require emergency services of any county officer or employee; such persons shall be entitled to all privileges, benefits and immunities as are provided by law;

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

(5) To execute all of the ordinary powers of his or her regular office, all of the special powers conferred upon the ESD by this chapter or by resolution or emergency plan, all powers conferred upon the ESD by any statute or any other lawful authority, and to exercise complete authority over the county, and all police powers vested in the county by the constitution and general laws; and

(6) To order other protective actions, including closure of areas for the purposes defined in Penal Code, Section 409.5.

(Ord. No. 3523, § 2, 2-4-25)

The ESD shall appoint such assistants and deputies as are necessary to aid the ESD in carrying out his/her powers and duties, and except as is specified in Section 2.80.120 hereof, such assistants and/or deputies shall have such powers and duties as are specified in writing by the ESD.

(Ord. No. 3523, § 2, 2-4-25)

The ESD shall designate within the EOP the order of succession to that office, to take effect in the event the ESD is not available to attend meetings or otherwise perform his or her duties during an emergency. In the event the ESD is absent from the county, or is otherwise unavailable during a local emergency, a state of emergency or a state of war emergency, or threat of the same, any and all of the powers granted by this chapter to the ESD may be exercised by the person or persons so designated and approved, in the order of succession so designated and approved.

(Ord. No. 3523, § 2, 2-4-25)

All officers and employees of this county, 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 Section 2.80.100(3) of this chapter) be charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of this county.

(Ord. No. 3523, § 2, 2-4-25)

County owned vehicles, while operated in the line of duty by office of emergency services personnel responding to emergencies, but not returning from, emergency calls, are designated as authorized emergency vehicles pursuant to Vehicle Code Section 2416, Subdivision (11).

(Ord. No. 3523, § 2, 2-4-25; Ord. No. 3582, § 1, 1-6-26)

Any expenditures made in connection with the emergency activities, including mutual aid activities, are conclusively deemed to be for the direct protection and benefit of the inhabitants and property of this county.

(Ord. No. 3523, § 2, 2-4-25)

It is a misdemeanor, punishable upon conviction by a fine not to exceed five hundred dollars or by imprisonment for not to exceed six months or by both such fine and imprisonment, for any person during a state of war emergency, state of emergency or local emergency to do any of the following:

(1) 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 him by virtue of this chapter;

(2) Violate any of the provisions of this chapter, or refuse or willfully neglect to obey any lawful order or regulation promulgated or issued as provided in this chapter;

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

(Ord. No. 3523, § 2, 2-4-25)

(a) As used in this section, the terms "unavailable" and "stand-by officers" shall have the meanings set forth in Government Code Sections 8635 through 8644, inclusive, and in future amendments thereto.

(b) The board of supervisors may examine, investigate, appoint, remove and replace standby officers in accordance with Government Code Sections 8635 through 8644, inclusive, and any future amendments thereto.

(c) Stand-by officers shall have the duties and authority set forth in Government Code Section 8641 and in future amendments thereto.

(d) Should all members of the board of supervisors, including all stand-by officers, be unavailable, temporary members of said board shall be appointed pursuant to Government Code Section 8644, and to future amendments thereto; provided however, that in the event such appointments are made by the board of supervisors' chairperson of other counties within one hundred fifty miles of this county, then the following shall be the order in which such other counties shall appoint:

(1) Kern County;

(2) Santa Barbara County;

(3) Monterey County;

(4) Kings County.

(e) Annually, the board of supervisors shall review the status of all stand-by appointments, and, if necessary, fill vacancies as set forth hereinabove. Stand-by officers shall be listed and maintained in the San Luis Obispo County Continuity of Operations Plan.

(Ord. No. 3523, § 2, 2-4-25)