San Mateo Municipal Code Ch. 2.78 Emergency Services

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 city in the event of an emergency; the direction of the emergency organization; and to provide for the coordination of the emergency functions of this city with all other public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with such 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.

prior code § 13.01

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 city caused by such conditions as air pollution, earthquake, epidemic, extreme and sudden energy shortages, drought, fire, flood, riot, storm, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined efforts of other political subdivisions to respond.

prior code § 13.02

There is created the office of director of emergency services. The City Manager shall be the director of emergency services.The director is empowered:

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

(b) To request through the mayor that the governor proclaim a state of emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the emergency;

(c) To control and direct the effort of the emergency services organization of this city for the accomplishment of the purposes of this chapter;

(d) To direct coordination and cooperation between divisions, services and staff of the emergency services organization of this city, and to resolve questions of authority and responsibility that may arise between them;

(e) To represent the emergency services organization of this city in all dealings with public or private agencies pertaining to emergency services.

prior code § 13.05

In the event of the proclamation of a local emergency as provided in this chapter, as 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 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 practicable 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 bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use;

(c) To require emergency service of any city officer or employee, and, in the event of a proclamation of a state of emergency by the governor in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of the community as he or she determines are necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered and disaster service workers;

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

(e) To execute all of his or her ordinary powers as city manager, 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 Section 38791 of the Government Code, to exercise complete authority over the City and to exercise all police power vested in the City by the constitution and general laws.

prior code § 13.06

All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who, by agreement or operation of laws, including persons commandeered under the provisions of Section 2.78.040(c), may be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency services organization of the City. All volunteers shall be registered, and it is intended that they be protected by workers' compensation laws of the state while in training or in active emergency duty.

prior code § 13.07

The functions and duties of the San Mateo emergency services organization shall be distributed among such 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, and the designation of officers and employees with specific emergency responsibilities. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the state office of emergency services.

prior code § 13.08

It is unlawful for any person during an emergency:

(a) Willfully to obstruct, hinder or delay any member of the emergency services 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 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;

(c) To wear, carry or display without authority, any means of identification specified by the state office of emergency services.

prior code § 13.09