Temple City Municipal Code Ch. 7 Civil Defense and Disaster Council

The declared purposes of this section through section 2-7-11 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 the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. Any expenditures made in connection with such civil defense and disaster activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (1960 Code)

As used in this chapter, "emergency" shall mean, in accordance with California Government Code section 8558(c), the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, and require the combined forces of other political subdivisions to combat. (Ord. 12-961)

The Temple City civil defense and disaster council is hereby 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 city manager 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 city emergency services as are provided for in the current civil defense and disaster emergency operations plan of the city and as confirmed by the director;

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. (1960 Code)

It shall be the duty of the Temple City disaster council and it is hereby empowered, to develop and recommend for adoption by the city council, emergency 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 disaster council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice chairman. (1960 Code)

There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services. Furthermore, there is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (1960 Code)

The director is hereby empowered to:

A. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to 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 (7) days; otherwise, the same shall lapse;

B. 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;

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

D. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;

F. In the event of the proclamation of a "local emergency" as herein provided, 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 to:

1. 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;

2. Obtain vital 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;

3. Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" 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 this community as he deems necessary in the execution of his duties;

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

5. Execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or approved plan 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;

6. Declare hours of curfew for all persons and, during said hours of curfew, all persons shall be at their homes and shall not be on the streets, alleys or other public areas of the city, except in cases of extreme urgency. The curfew shall be declared in a proclamation of the mayor, which proclamation shall be delivered to the chief of police, who shall then see that said proclamation and curfew and warn the public that any violation of the curfew shall be deemed a misdemeanor and violators will be arrested;

7. Temporarily close any and all streets, alleys, and other public ways in the city to the public whenever, in the opinion of the director, it is necessary in order to maintain the peace of said community;

8. Declare all or any business establishments to be closed and remain closed until further order. Any person, after notice, refusing to close and remain closed shall be deemed guilty of a misdemeanor. The mayor shall issue a proclamation which shall be delivered to the chief of police, who shall inform said business of said proclamation;

9. Invoke any or all of the following provisions:

a. Alcoholic Beverages: No persons shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.

b. Weapons: No unauthorized person shall carry or possess any rock, bottle, club, brick or weapon.

c. Restricted Areas: No person shall enter any area designated by the city manager as a restricted area unless in the performance of official duties or the written permission from the city manager or his duly designated representative, or such person shall prove residence therein. (1960 Code)

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 his duties during an emergency. Such order of succession shall be approved by the city council. (1960 Code)

The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city and shall have such other powers and duties as may be assigned by the director. (1960 Code)

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 may by agreement or operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city of Temple City. (1960 Code)

The organization's duties and functions of the civil defense and disaster organization (city emergency organization), its relationship with the American National Red Cross and the order of emergency succession to the position of director of civil defense and disaster of the city shall be as set forth in the current civil defense and disaster of the city shall be as set forth in the current civil defense and disaster agencies of the federal government and the state of California. (1960 Code)

The Temple City disaster council shall be responsible for the development of the city of Temple City emergency plan, which 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; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (1960 Code)

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 of Temple City. (1960 Code)

It shall be a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed six (6) months, or both, for any person, during an emergency, to:

A. Wilfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this section.

B. Do any act forbidden by any lawful rule or regulations issued pursuant to this section, 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. Wear, carry or display, without authority, any means of identification specified by the emergency agency of this state. (1960 Code)

The following sections shall govern the succession of the city council during calamity:

A. In the event of great public calamity, such as extraordinary fire, flood, storm, epidemic, earthquake, sabotage, nuclear catastrophe or enemy attack any vacancies in the city council shall be filled pursuant to subsections B through E of this section.

B. Any vacancies in the city council to be filled pursuant to subsection A of this section shall be filled by the members of the city council able to act, or by the sole remaining member able to act, from members of the planning commission, transportation and public safety commission and parks and recreation commission who shall be able to act.

C. In the event no councilman is able to act five (5) people, selected pursuant to subsections C1, C2, C3, C4 and C5 of this section shall act as the city council until such time as any councilman shall be able to act, at which time a council shall be selected by the councilman able to act, pursuant to subsection B of this section. Selection shall be accomplished as follows:

1. The five (5) members of the planning commission shall act.

2. If there are not sufficient members of the planning commission able to act, those remaining members or anyone who can act, shall select the members needed from the transportation and public safety commission.

3. If there are no members of the planning commission able to act, the transportation and public safety commission shall act.

4. If there are not sufficient members of the transportation and public safety commission able to act, the parks and recreation commission shall act.

5. If there are not sufficient members of the parks and recreation commission able to act, those who are able to act shall select the remaining council members from residents of the city of Temple City.

D. Councilmen becoming able to act after one councilman has become able to act (and has filled the council vacancies) shall replace emergency appointments with the most recent appointment being the first replaced.

E. Upon the conclusion of any public calamity the city council shall cause an election to be held to fill any vacancy not filled within thirty (30) days of the particular vacancy in accordance with the Government Code of the state of California. (1960 Code; amd. Ord. 93-747; Ord. 94-763; Ord. 13-986)