Thousand Oaks Municipal Code Ch. 4 Emergency and Disaster Plan and Organization

The purpose of this chapter is to provide for the preparation and implementation of plans for the protection of persons and property within the City in the event of an emergency or a disaster and to provide for the coordination of the emergency or disaster functions of the City within the Standardized Emergency Management System (SEMS) with all other public agencies and affected private persons, corporations, and organizations. Any expenditures made in connection with such emergency or disaster activities, including mutual aid and activities and emergency preparedness services provided the City under contract or agreement, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 1, Ord. 1360-NS, eff. August 10, 2000)

(a) “Disaster” shall mean a sudden calamitous emergency event bringing injury, death, damage, loss, or destruction to persons or property.

(b) “Emergency” shall mean a condition of disaster or of extreme peril to the safety of persons arid property caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions (excepting conditions resulting from a labor controversy).

(c) “Emergency Plans” shall mean those official and approved documents which describe principles, policies, concepts of cooperation, methods and procedures to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, emergency functions of governmental agencies, mobilization and application of resources, mutual aid, and public information.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by §§ 1 and 2, Ord. 197-NS, eff. April 8, 1971, and § 1, Ord. 1360-NS, eff. August 10, 2000)

The City of Thousand Oaks Emergency and Disaster Council, which shall meet at times and at a location as determined by the City Manager, is hereby created and shall consist of the following:

(a) The Mayor, who shall be chair;

(b) The Director of Emergency Services (City Manager), who shall be the vice-chair;

(c) The Assistant Director of Emergency Services, appointed by the City Manager, who, under the supervision of the Director, shall develop emergency and disaster plans and organize the emergency and disaster program of the City and shall have such other duties as may be assigned by the Director;

(d) Such department representatives of emergency and disaster departments, agencies, services, or divisions as are provided for by resolution pursuant to the provisions of this chapter; and

(e) Such representatives of civic, business, labor, veterans, or professional or other organizations having an official group or organization with emergency and disaster responsibility as may be appointed by the City Council.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 1, Ord. 1360-NS, eff. August 10, 2000)

The duty of the City of Thousand Oaks Emergency and Disaster Council is to review and recommend, as needed, City Council emergency, disaster, and mutual aid plans and agreements, including such ordinances, resolutions, rules, and regulations necessary to implement such plans and agreements. The Emergency and Disaster Council shall meet upon call of the chair or, in his/her absence from the City or inability to call such a meeting, upon the call of any member.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 1, Ord. 1360-NS, eff. August 10, 2000)

The Director of Emergency Services is empowered to:

(a) Request the City Council to proclaim the existence or threatened existence of a disaster or an emergency 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) Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the resources of the area or region are inadequate to cope with the emergency or disaster;

(c) Require the emergency services of any City officer or employee and, in the event of the proclamation of a state of disaster or state of emergency by the Governor in the County in which this City is located, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State law for registered disaster emergency service workers;

(d) Requisition necessary personnel or materials of any City department or agency; and

(e) Execute all ordinary powers as City Manager, all of the special powers conferred upon him/her by the provisions of this chapter or by resolution adopted pursuant thereto, and all powers conferred upon him/her by any statute, agreement approved by the City Council, or by any other lawful authority.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 3, Ord. 197-NS, eff. April 8, 1971, and § 1, Ord. 1360-NS, eff. August 10, 2000)

In the event of the proclamation of a local disaster or an emergency as herein provided, or the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services during a “state of war emergency,” with or without a proclamation thereof by the Governor or whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the Federal Government indicating that such an enemy attack is probable or imminent, the Director is empowered to:

(a) Make and issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided such rules and regulations be confirmed at the earliest practicable time by the Council;

(b) Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property 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 state of emergency by the Governor in the County in which this City is located, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster emergency service workers;

(d) Requisition necessary personnel or material of any City department or agency;

(e) Execute all ordinary powers as City Manager, all of the special powers conferred upon him/her by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him/her by any statute, agreement approved by the City Council, or by any other lawful authority.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 3, Ord. 197-NS, eff. April 8, 1971, and § 1, Ord. 1360-NS, eff. August 10, 2000)

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency or a disaster, and all groups, organizations and persons pressed into service under the provisions of this chapter, charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the Emergency and Disaster Organization of the City.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 1, Ord. 1360-NS, eff. August 10, 2000)

The City of Thousand Oaks Emergency and Disaster, Council shall be responsible for the development of the City of Thousand Oaks Emergency Plan which shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency and which plan shall provide for the organization, powers and duties, services, and staff of the emergency organization.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § 5, Ord. 197-NS, eff. April 8, 1971, and § 1, Ord. 1360-NS, eff. August 10, 2000)

It shall be unlawful and a violation of this Code, pursuant to Section 1-2.01, for any person during a disaster to:

(a) Wilfully obstruct, hinder or delay any member of the Emergency and Disaster Organization in the enforcement of any lawful rule, order, or regulation issued pursuant to the provisions of this chapter, or in the performance of any duty imposed upon him by virtue of the provisions of this chapter;

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of 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 the 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 the State.

(§ 1, Ord. 191-NS, eff. February 11, 1971, as amended by § IX, Ord. 770-NS, eff. February 26, 1981, and § 1, Ord. 1360-NS, eff. August 10, 2000)

If any provision of this chapter is held invalid, such invalidity shall not affect the remaining provisions of this chapter which can be given effect without the invalid provision or application. To this end the provisions of this chapter are declared to be severable.

(§ 1, Ord. 191-NS, eff. February 11, 1971)