Chapter 2.52 — CIVIL DEFENSE AND DISASTER

For the purposes of this chapter, the following words and phrases shall, when used in this chapter, have the meanings respectively ascribed to them by this section:

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

"Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, earthquake, epidemic, riot, general civil disobedience, multiple law violations or the threat of any or all of the foregoing or other similar public calamity, including, but not limited to, uncontrolled or uncontrollable assemblages of people. (Prior code § 7.1)

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 the 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. (Prior code § 7.2)

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

• A. The mayor, who shall be chairperson.

• B. The director of civil defense and disaster.

• C. The assistant director, appointed by the mayor with the advice and consent of the city 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 deputy directors and chiefs of operating 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.

• (Prior code § 7.3)

It shall be 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 § 7.4)

The civil defense and disaster council shall meet upon call of the chairperson, or, in the chairperson's absence from the city or inability to call such meeting, upon the call of the vicechairperson.

(Prior code § 7.5)

There is created the office of director of civil defense and disaster. The mayor shall be the director of civil defense and disaster. In the absence or incapacity of the mayor, the mayor pro tempore shall exercise the powers and perform the duties of the director of civil defense and disaster and in the absence or incapacity of both the mayor and the mayor pro tempore, such councilperson as is designated by the remaining members of the city council or a majority of them, shall exercise the powers and perform the duties of director of civil defense and disaster. In the absence or incapacity of all of the foregoing, the chief of police shall exercise the powers and perform the duties of director of civil defense and disaster.

(Prior code § 7.6)

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;

• 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 purposes 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 § 7.7)

• A. In the event of the proclamation of a disaster as herein provided, or the proclamation of the state of extreme emergency, by the governor or the state director of civil defense, the director is empowered:

  1. 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, such rules and regulations must be confirmed at the earliest practicable time by the city council;

  2. 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;

  3. 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 or she 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.

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

  5. To execute all of his or her ordinary powers as mayor, 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 State 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.

  6. The director of civil defense and disaster may order a general curfew applicable to the entire city or such geographical areas thereof as he or she deems necessary to protect the public health, safety, welfare and morals. As used herein "curfew" is defined as a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to the duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements.

  7. The director of civil defense and disaster may order the closing of any business establishment anywhere within the city, such businesses to include, but not limited to, those selling alcoholic beverages, gasoline or firearms.

8. The director of civil defense and disaster may order that no persons shall consume any alcoholic beverage in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages shall be found by the director of civil defense and disaster, on just cause, to precipitate a clear and present danger to the well being of the community during the emergency.

   9. The director of civil defense and disaster may order that no person shall carry or possess any gun, bomb, firebomb, knife, rock or any other such weapon or item, the use of which would intend to inflict great bodily harm on persons or damage to property.

   10. The director of civil defense and disaster may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency.

• B. The foregoing specific authorizations of authority vested in the director of civil defense and disaster and other such authorizations as deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such periods.

• C. Once a proclamation of disaster is issued by the director of civil defense and disaster he or she may request the governor for all necessary assistance, requisition necessary personnel or materials from any city department or other source, control and direct all city personnel and equipment, obtain vital supplies 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 market value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency.

• D. The director of civil defense and disaster may also require emergency services of any city official or employee and may command the aid of as many citizens of this city as he or she determines to be necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges and immunities as are provided by state or local law for registered civil defense and disaster worker volunteers.

• E. Any state or local emergency proclaimed in accordance with the provisions of this chapter shall terminate after 48 hours from the issuance thereof or upon the issuance of the proclamation terminating the emergency by the director of civil defense and disaster, whichever occurs first; provided however, that such emergency may be extended for an additional period of time as deemed obligatory by the director of civil defense and disaster.

• F. Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of a misdemeanor which shall be punishable by a fine not exceeding $500 or by imprisonment not exceeding one year or by both such fine and imprisonment.

• (Prior code § 7.8)

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 laws, including persons commandeered under the provisions of Section 2.52.080(C) of this code, 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. (Prior code § 7.9)

Powers and duties of members.

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

• B. 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, 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 § 7.10)

It shall be a misdemeanor and a violation of this chapter for any person during a disaster:

• A. Wilfully to obstruct, hinder or delay any member of the civil defense or 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 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.

• (Prior code § 7.11)