San Marino Municipal Code Art. 03 Director of Emergency Services

There is hereby created the position of director of emergency services. The city manager shall serve as the director of emergency services. (Ord. 0-11-1252, 6-24-2011)

The director of emergency services 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 not in session, the director shall be empowered to proclaim the local emergency, which action must be ratified by the city council within seven (7) calendar days or the proclamation shall have no further force or effect. Such proclamation shall be renewed no less than every thirty (30) days by the council.

B. Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are not adequate to cope with the emergency.

C. Control and direct the effort of the emergency organization of the 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 the city, and resolve questions of authority and responsibility that may arise between them.

E. Represent the city in all dealings with public and private agencies on matters pertaining to emergencies as defined herein.

F. To exercise any and all other powers given to him or her and to take whatever other actions may be required of him or her by the city's emergency operations plan.

G. 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 secretary of the California emergency management agency 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 or the existence of a "state of war emergency", to command the aid of as many citizens of the city as he/she deems necessary in the execution of his/her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency service workers 1 .

4. To requisition necessary personnel or material of any city department or agency.

5. To suspend without pay any city employee who fails to obey an order by the director or his/her designated representative.

6. To execute all of his/her ordinary power as city manager, all of the special powers conferred upon him/her by this chapter or by resolution or approved plan adopted pursuant hereto, all powers conferred upon him/her by any statute or agreement approved by the council or by any other lawful authority and, in conformity with section 38791 of the state Government Code and the emergency services act beginning at state Government Code section 8550, to exercise complete authority over the city and to exercise all police powers vested in the city by the state constitution and general laws.

7. To declare hours of curfew for all persons, and during said hours of curfew, all persons shall be at their homes and shall not be on the streets, alleys or other public areas of the city, except in cases of extreme urgency. The curfew shall be confirmed in a proclamation of the mayor within seven (7) days, which proclamation shall be delivered to the police chief, who shall then see that said proclamation and curfew are enforced and warn the public that any violation of the curfew shall be deemed a misdemeanor, and violators will be arrested.

8. To temporarily close any and all streets, alleys and other public rights of way or property in the city to the public whenever, in the opinion of the director, it is necessary in order to maintain the peace or safety of said community.

9. To declare all or any business establishments to be closed and remain closed until further order. Any person, after notice, refusing to close and remain closed shall be guilty of a misdemeanor. The mayor shall issue a proclamation within seven (7) days of said order which shall inform said business of said closure.

10. To invoke any or all of the following provisions:

a. Alcoholic Beverages: No person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.

b. Weapons: No unauthorized person shall carry or possess any rock, bottle, club, brick, gun or other weapon in a public street or place or within a duly designated restricted area, except where the carrying of a firearm is otherwise allowed by federal, state or local law.

c. Restricted Areas: No person shall enter any area designated by the director as a restricted area unless in the performance of official duties or with the written permission from the director or his/her duly designated representative, or such person shall prove residence therein. (Ord. 0-11-1252, 6-24-2011)

The Director of Emergency Services shall designate the Fire Chief, Police Chief, or Parks and Public Works Director to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Said successor shall be approved by the City Council. Should the Director of Emergency Services be unable to designate a successor, individuals who hold permanent appointments to the following positions in government shall automatically serve as acting Director, in the order shown, and shall serve until a successor has been appointed by the City Council. An individual serving as the acting Director shall have the authorities and powers of the Director.

A. Fire Chief - First alternate.

B. Police Chief - Second alternate.

C. Parks and Public Works Director - Third alternate. (Ord. 0-11-1252, 6-24-2011; amd. Ord. O-22-1391, 6-8-2022)