Soledad Municipal Code Ch. 2.20 Civil Defense and Disaster

As used in this chapter:

A. "Civil defense" means the preparation of and the 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 disaster. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

B. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

(Prior code § 6-1)

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense 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.

(Prior code § 6-2)

Any expenditures made in connection with civil defense and disaster activities, including mutual aid activities, shall be deemed conclusively to be for the direct benefit of the inhabitants and property of the city.

(Prior code § 6-3)

The city 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 assistant director, appointed by the mayor with the advice and consent of the city council. Under the supervision of the director, the assistant 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 deputy directors and chiefs of operation 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 required by the mayor with the advice and consent of the city council.

(Prior code § 6-4)

It is the duty of the city civil defense and disaster council, and it is empowered, to review and recommend for adoption by the city 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.

(Prior code § 6-5)

The civil defense and disaster council shall meet upon call of the chairman or, in his absence from the city or inability to call a meeting, upon the call of the vice chairman.

(Prior code § 6-6)

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

(Prior code § 6-7)

The director of civil defense and disaster is empowered:

A. To request the city council to proclaim the existence or threatened existence of a disaster 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 confirmation by the city council at the earliest practicable time; provided, that a proclamation issued by the director shall not remain in effect for a period in excess of seven days unless it has been ratified by the city council;

B. To request the Governor to proclaim 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. To control and direct the effort of the civil defense and disaster organization of this city for the accomplishment of the purpose of this chapter;

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

(Prior code § 6-8)

In the event of the proclamation of a disaster as provided by this chapter, or the proclamation of a state of extreme emergency by the Governor or the State Director of Civil Defense, 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 disaster; provided, however, that 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 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. To require emergency services of any city officer or employee and, in the event of the proclamation of 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 worker volunteers;

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

E. To have and exercise, during a declared emergency, all of the powers of the mayor and the city manager if those officials, for any reason, are unable to act;

F. To execute 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.

(Amended during 1986 codification; prior code § 6-9)

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, including persons pressed into service under the provisions of subsection C of Section 2.20.090, who may by agreement or operation of law be charged with duties incident to the protection of life and property in this city during a disaster, constitute the civil defense and disaster organization of the city.

(Prior code § 6-10)

A. The functions and duties of the city civil defense and disaster organization shall be distributed among the divisions, services and staff the city council prescribes by resolution.

B. The city 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 federal government and the civil defense agency of the state.

(Prior code § 6-11)

It is a misdemeanor 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. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such 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.

(Prior code § 6-12)