Sanger Municipal Code § 26-8 Emergency plan

The declared purposes of the article are to provide for 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 established herein; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons. This article is further intended to implement the local disaster council requirements found under California Government Code, § 8610 et seq., as amended.

(Ord. No. 944, § 1, 2-1-96)

As used in this article, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons or property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat. This definition shall include a state of emergency or a state of war emergency called by the governor of the state for territory including the city.

(Ord. No. 944, § 2, 2-1-96)

The city of disaster council is hereby created and shall consist of the following persons:

(1) The mayor, who shall be chairperson;

(2) The director of emergency services, who shall be vice-chairperson;

(3) The assistant director of emergency services;

(4) Such chiefs of emergency services or other persons as are provided for in a current emergency plan of the city, adopted pursuant to this article, or by resolution of the city council.

(Ord. No. 944, § 3, 2-1-96)

It shall be the duty of the city disaster council to develop and recommend for adoption by the city council, 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 council shall meet upon the call of the chairperson or, in his or her absence from the city or inability to call such meetings, upon the call of the vice-chairperson.

(Ord. No. 944, § 4, 2-1-96)

The following offices are hereby established by the city council:

(1) The office of director of emergency services, which shall be held by the city manager;

(2) The office of assistant director of emergency services. The assistant director shall be appointed by the director and shall serve at the pleasure of the director. Upon the appointment of the assistant director, the director shall notify the city council and members of the city disaster council of such appointment.

(Ord. No. 944, § 5, 2-1-96)

(a) The director of emergency is hereby empowered to:

(1) Request the city council to proclaim the existence of threatened existence of a local emergency if the city council is in session, or issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

(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 article;

(4) Direct cooperation between and coordination of services and staff of the emergency organization of the city;

(5) Resolve any questions of authority and responsibility that may arise among city staff, local organizations and the staff of the emergency organization established pursuant to this article, adopted emergency plans or other regulations;

(6) Represent the city in all dealings with public and private agencies on matters pertaining to emergencies as defined herein;

(7) Be the authorized signatory on all emergency-related documents, including state office of emergency services and federal emergency management agency documents, unless another officer is designated by law or regulation;

(8) In the event of the proclamation of a local emergency, 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 must be confirmed at the earliest practicable time (no later than seven days thereafter) by the city council;

b. To obtain 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 of Fresno or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties, which persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster workers;

d. To requisition necessary personnel or material of any city department or agency; and

e. To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him by this article, resolution, regulation, or emergency plan adopted by the city council, all powers conferred on her or him by any statute or regulation, by any agreement approved by the city council, and by any other lawful authority.

(b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform her or 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 and with the assistance of the emergency service chiefs, 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. 944, § 6, 2-1-96)

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, including persons impressed into service under the provisions of subsection 26-6(a)(6)c. of this article, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city.

(Ord. No. 944, § 7, 2-1-96)

The city disaster council shall be responsible for the development of the city emergency plan. The emergency plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency. It shall also provide for the organization, powers and duties, services and staff on the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.

(Ord. No. 944, § 8, 2-1-96)

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. Such expenditures made in connection with emergency activities shall not be subject to the normal bidding requirements under City Code sections 2-206 to 2-221, inclusive.

(Ord. No. 944, § 9, 2-1-96)

It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for not to exceed six months, or both, for any person, during an emergency, to:

(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 article, or in the performance of any duty imposed upon him by virtue of this article;

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this article, 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 the city, or to prevent, hinder or delay the defense or protection thereof;

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

(Ord. No. 944, § 10, 2-1-96)

If any provision of this article or the application thereof to any personal circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of the article are declared to be severable and shall remain in full force and effect.

(Ord. No. 944, § 11, 2-1-96)

Nothing herein shall be deemed to conflict with the California Emergency Services Act found in California Government Code, § 8550 et seq., as amended. Any conflict between this article, the plans and regulations adopted hereunder and the Emergency Services Act and the lawful regulations and proclamations adopted thereunder shall be resolved in favor of the provisions of the state law, rules, regulations and proclamations, as amended.

(Ord. No. 944, § 12, 2-1-96)