Scotts Valley Municipal Code Ch. 2.48 Civil Defense and Disasters

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 a disaster and to provide for the coordination of the civil defense and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster 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.

(Ord. 31 § 1, 1969)

A. Civil Defense. As used in this chapter, the term "civil defense" means preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

B. Disaster. As used in this chapter, the term "disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(Ord. 31 § 2, 1969)

The Scotts Valley civil defense and disaster council is created and shall consist of the following:

A. The mayor, who shall be chairman;

B. The director of civil defense and disaster, who shall be vice-chairman;

C. The deputy director appointed by the director of civil defense with the advice of the council who, under the supervision of the director, shall develop civil defense and disaster plans and organize the civil defense and disaster program of this city, and shall have such other duties as may be assigned by the director;

D. Such assistant directors and chiefs of civil defense and disaster departments, services or divisions as are provided for by resolution pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil defense and disaster responsibility as may be appointed by the mayor with the advice and consent of the city council.

(Ord. 31 § 3, 1969)

It shall be the duty of the Scotts Valley civil defense and disaster council, and it is empowered, to review and recommend for adoption by the council, civil defense and disaster 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 civil defense and disaster council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon the call of the vice-chairman.

(Ord. 31 § 4, 1969)

There is created the office of director of civil defense and disaster. Such officer shall be appointed by the mayor with the advice and consent of the city council.

The director is empowered to:

A. Request the council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof if the council is in session, or to issue such proclamation if the council is not in session, subject to confirmation by the council at the earliest practicable time;

B. Request the governor to proclaim a state of disaster or a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster;

C. Control and direct the effort of the civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter;

D. Direct coordination and cooperation between divisions, services and staff of the civil defense and disaster organization of this city, and to resolve questions of authority and responsibility that may arise between them;

E. Represent the civil defense and disaster organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster.

(Ord. 31 § 5, 1969)

In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the governor or the director of the California Disaster Office, the director is hereby empowered to:

A. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.

B. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

C. Require emergency services of any city officer or employee and, in the event of the proclamation of a state of disaster or a state of extreme emergency by the governor in the region in which this city is located, to command the aid of as many citizens of this community as he thinks 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 civil defense and disaster service volunteers;

D. Requisition necessary personnel or material of any city department or agency;

E. Execute all of his ordinary powers as required by his official position within the city, all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him 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.

(Ord. 31 § 6, 1969)

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of subsection C of Section 2.48.060 of this chapter, be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the civil defense and disaster organization of the city.

(Ord. 31 § 7, 1969)

The functions and duties of the civil defense and disaster organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution. The council shall, concurrently with the adoption of the ordinance codified in 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. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the civil defense and disaster agencies of the federal government and the state of California.

(Ord. 31 § 8, 1977)

It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person during a disaster to:

A. Wilfully obstruct, hinder or delay any member of the civil defense and disaster 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 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 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 civil defense and disaster agency of the state.

(Ord. 31 § 9, 1977)