San Mateo County Municipal Code Ch. 2.46 Emergency, Organization and Functions

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 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 public agencies and affected private persons, corporations and organizations consistent with state law.

(Ord. 4324, 08/15/06)

(a) Emergency. As used in this chapter "emergency" means the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons and property within this County caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, actual or imminent enemy attack, or other conditions, other than 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 this County, requiring the combined forces of other political subdivisions to combat.

(b) State of War Emergency. As use in this chapter, "state of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

(c) State of Emergency. As use in this chapter, "state of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single County, City and County, or City and require the combined forces of a mutual aid region or regions to combat.

(d) Local Emergency. 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 this County, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, actual or imminent enemy attack, or other conditions, other than 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 this County and require the combined forces of other political subdivisions to combat.

(Ord. 4324, 08/15/06)

The Emergency Services Council is hereby created to serve as the San Mateo County Disaster Council, and shall consist of the following:

(a) The President of the Board of Supervisors or other member of the Board of Supervisors who shall be appointed by the President of the Board of Supervisors. This member shall serve as Chair of the Emergency Services Council.

(b) The mayor of each city in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor he or she is representing.

The Emergency Services Council shall be advised by an administrative committee, which shall include the following:

(a) The County Manager, acting in the capacity as Director of Emergency Services.

(b) Four city managers from cities in the County, to be selected by the City Managers' Association or any successor organization representing their interests.

(Ord. 4324, 08/15/06)

It shall be the duty of the San Mateo County Emergency Services Council, and it is hereby empowered, to work in coordination with local government entities within and neighboring the County of San Mateo to review, approve, and recommend for adoption by the Board of Supervisors and other legislative agencies, such emergency 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 Council shall meet upon call of the Chair or, in the Chair's absence from the County or inability to call such meeting, upon the call of the Vice Chair.

(Ord. 4324, 08/15/06)

(Ord. No. 04852, § 2, 9-28-2021)

There is hereby created the position of Director of Emergency Services. The County Manager shall be Director of Emergency Services, and may appoint such designees or assistants as are necessary to discharge the duties of Director of Emergency Services.

(Ord. 4324, 08/15/06)

(Ord. No. 04852, § 3, 9-28-2021)

The Director is hereby empowered and shall assume the duty to:

(a) Request the Board of Supervisors to proclaim the existence or threatened existence of a "local emergency," if the Board of Supervisors is in session, or to issue such proclamation if the Board of Supervisors is not in session. Whenever a local emergency is proclaimed by the Director, the local emergency shall not remain in effect for a period in excess of seven days thereafter unless the proclamation has been ratified by the Board of Supervisors within said seven-day period. The Board of Supervisors shall review, at least every thirty (30) days until such local emergency is terminated, the need for continuing the local emergency, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

(b) 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.

(c) Control and direct the effort of the emergency organization of this County for the accomplishment of the purposes of this chapter.

(d) Direct cooperation between and coordination of services and staff of the emergency organization of this County, and resolve questions of authority and responsibility that may arise between them.

(e) Represent the County in all dealings with public or private agencies pertaining to emergencies as defined herein.

(f) 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 further 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 shall be submitted to the Board of Supervisors for confirmation at the earliest practicable time.

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 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 and, in the event of the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services in this County or in the mutual aid region within which this County is located, or in the event of a "state of war emergency," to command the aid of as many citizens of this County as he deems necessary in the execution of his duties. Such persons shall act as disaster service workers, and shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers.

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

5. To execute all of his ordinary powers as County Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the Board of Supervisors, all powers conferred upon him by any statute, by any agreement approved by the Board of Supervisors, and by any other lawful authority.

(Ord. 4324, 08/15/06)

(Ord. No. 04775, § 2, 5-16-2017; Ord. No. 04852, § 4, 9-28-2021)

If a "local emergency" has been proclaimed in accordance with the provisions of section 2.46.060(a) of this chapter, the Director is authorized to declare a general curfew for not more than 72 hours and limited to the area(s) wherein the emergency conditions have been proclaimed to exist, and limited to the hours the Director finds and publicly declares to be necessary for the protection of persons and property. The Director may extend the curfew beyond the initial 72 hours upon recommendation by the Board of Supervisors, but subject to immediate termination at any time upon the Board's written order.

If a "local emergency" has been proclaimed in accordance with the provisions of section 2.46.060(a) of this chapter, the Director is authorized to declare a special curfew for not more than 24 hours. Such curfew may be extended only upon recommendation of the Board of Supervisors, but the duration of such curfew is absolutely restricted to 20 hours in any 24 hour period after the passing of the initial 24 hour period.

(Ord. 4324, 08/15/06)

During the effective hours of a general curfew, it shall be unlawful for any person to remain in or upon any public street, road, highway, alley, park, playground, pathway or sidewalk, or other public ground or building or place of public amusement or entertainment or vacant lot in the curfew area(s) unless the presence of such person in such place(s) is required by some legitimate business in which such person is engaged.

During the effective hours of a special curfew, it shall be unlawful for any person to be or appear outside a dwelling house or other building within the curfew area(s) unless compelled to do so by an emergency or unless authorized by a law enforcement officer.

(Ord. 4324, 08/15/06)

If for any reason the Director of Emergency Services is unable to carry out his duties as provided in this chapter, then the Assistant County Manager shall serve as Acting Director of Emergency Services, with all of the powers and duties provided in this chapter, until such time as the Director of Emergency Services is able to carry out such duties. If for any reason the Assistant County Manager is unable to serve as Acting Director, then the Sheriff or, if he or she is unable to serve, the Director of Emergency Management, or, if he or she is unable to serve, the Director of Public Works, or, if he or she is unable to serve, the District Attorney, or, if he or she is unable to serve, any other County officer or employee duly appointed by the Board of Supervisors shall serve as Acting Director with all of the powers and duties provided in this chapter.

(Ord. 4324, 08/15/06)

(Ord. No. 04852, § 5, 9-28-2021)

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 pressed into service as disaster service workers under the provisions of section 2.46.060(f)(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 the County of San Mateo.

(Ord. 4324, 08/15/06)

(a) The San Mateo County Emergency Services Council shall be responsible for approving the County of San Mateo Emergency Plan developed by the Department of Emergency Management. This plan shall provide for the effective mobilization of all of the resources of this County, 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, establishment and designation of divisions and services, the assignment of functions, powers and duties, and the designation of the staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the Board of Supervisors and other local legislative agencies.

(b) The County of San Mateo and the political subdivisions thereof, pursuant to the California Emergency Services Act, are designated an operational area. The operational area shall be organized and structured as provided by agreement between the governing bodies of the County and the cities therein.

(Ord. 4324, 08/15/06)

(Ord. No. 04852, § 6, 9-28-2021)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local emergency, to:

(a) 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 by virtue of this chapter.

(b) 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, or to imperil the lives or property of inhabitants of this County, or to prevent, hinder, or delay the defense or protection thereof.

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

(Ord. 4324, 08/15/06)

(Ord. No. 04852, § 7, 9-28-2021)

(a) There is established the Department of Emergency Management, under the direction and management of the Director of Emergency Management. The Director of Emergency Management shall be appointed by and be under the administrative supervision of the County Manager as Director of Emergency Services.

(b) The Department of Emergency Management shall:

1. Provide comprehensive emergency management and coordinate County resources to protect lives, property, and the environment through mitigation, preparedness, response, and recovery from all disasters and hazards.

2. Coordinate the County's participation in the San Mateo County Emergency Services Council, including the preparation and development of area-wide Emergency Plans.

3. Coordinate and maintain an area-wide emergency communications service, including public alert and warning systems.

4. Develop and support an area-wide public education and information program for emergency preparedness.

5. Ensure training and exercising of all County employees identified as Disaster Service Workers by Section 3100 of the Government Code, and provide support for Member Agencies in the training and exercise of their employees.

6. Coordinate and assist in the procurement and inventory of emergency equipment and the management, maintenance, and distribution of area-wide inventories of vital supplies and equipment

7. Staff the Regional Operations Center during emergencies.

8. Have such other powers and perform such other duties as may be assigned by the Director of Emergency Services.

(Ord. No. 04852, § 8, 9-28-2021)