Article I — STANDARDIZED EMERGENCY MANAGEMENT SYSTEM

The declared purposes of this chapter are to provide the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons following the requirements set forth in the Standardized Emergency Management System.

(Ord. No. 2004-1226, 5-25-04)

As used in this chapter, emergency shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of San Marcos caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, terrorist attack or other conditions including 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, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 2004-1226, 5-25-04)

The City shall use SEMS for coordinating all local emergencies. The basic framework of SEMS incorporates the use of the Incident Command System, multi-agency or inter-agency coordination, the State's master mutual aid agreement and mutual aid system, the operational area concept, and the Operational Area Satellite Information System.

(Ord. No. 2004-1226, 5-25-04)

(a)

There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

(Ord. No. 2004-1226, 5-25-04)

(b)

There is hereby created the Office of Assistant Director of Emergency Services who shall be appointed by the Director of Emergency Services.

(Ord. No. 2004-1226, 5-25-04)

(a)

The Director is hereby empowered to:

(1)

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.

(2)

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.

(3)

Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this chapter.

(4)

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

(5)

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

(6)

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:

(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, such rules and regulations must be confirmed at the earliest practical time by the City Council;

(b)

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;

(c)

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 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;

(d)

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

(e)

To execute all ordinary powers as City Manager, 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 agreement approved by the City Council, and by any other lawful authority.

(b)

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 duties during an emergency. Such order of succession shall be approved by the City Council.

(c)

The Assistant Director shall, under the supervision of the Director develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.

(Ord. No. 2004-1226, 5-25-04)

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, pressed into emergency service duties, specific to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of San Marcos.

(Ord. No. 2004-1226, 5-25-04)

The City of San Marcos Fire Department shall be responsible for the development of the City of San Marcos Emergency Plan, which 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 by resolution of the City Council. The Director of Emergency Services shall have the authority to make administrative changes to the Emergency Plan, which changes shall be brought forward to the City Council for their information.

(Ord. No. 2004-1226, 5-25-04)

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 of San Marcos.

(Ord. No. 2004-1226, 5-25-04)

It shall be a misdemeanor, punishable in accordance with Section 1.12.010 et seq., for any person during an emergency to:

(a)

Willfully obstruct, hinder, or delay any member of the emergency organization with 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.

(Ord. No. 99-1053, 2-1-99; Ord. No. 2004-1226, 5-25-04; Amend. of 2-5-2025(1))