Trinity County Municipal Code Ch. 2.40 Emergency Services

This chapter shall be known as the "Trinity County disaster ordinance."

(Ord. 295-1 §1, 1972)

The declared purpose of this chapter is to provide for the implementation and carrying out of plans for the safety of persons and property within the territorial limits of Trinity County, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions, or if a state of war exists. Conditions resulting from a labor controversy are excepted, being conditions which are or are likely to be beyond the control of the services, personnel, equipment and facilities of the county; and to coordinate the emergency functions of the county with all other public agencies, corporations, organizations and affected private persons.

(Ord. 295-1 §2, 1972)

A. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, air pollution, earthquake or other conditions.

B. "Disaster council" means the Trinity County disaster council.

C. "Emergency" means 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 county.

(Ord. 295-1 §3, 1972)

The Trinity County disaster council is created and shall consist of the following:

A. The chairman of the board of supervisors, who shall be chairman of the council;

B. The director of emergency services, who shall be vice-chairman of the council;

C. The assistant director of emergency services;

D. Such chiefs of various emergency services as are provided for in the current emergency plan of the county, adopted pursuant to the ordinance codified in this chapter or to its predecessor ordinances;

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director of emergency services, with the advice, consent and approval of the board of supervisors.

(Ord. 295-1 §4, 1972)

A. It shall be the duty of the disaster council, and it is empowered to develop and recommend for adoption by the board of supervisors, emergency and mutual aid plans and agreements and such ordinances and resolutions, rules and regulations as are necessary to implement such plans and agreements.

B. The disaster council shall meet upon call of the chairman, or, in his absence from the county or inability to call such meeting, upon call of the vice chairman.

(Ord. 295-1 §5, 1972)

A. There is created the office of director of emergency services. The director of emergency services shall be appointed by the board of supervisors.

B. There is created the office of assistant director of emergency services, who shall be appointed by the director of emergency services.

(Ord. 295-1 §6, 1972)

A. The director of emergency services is empowered to:

1. Request the board of supervisors to proclaim the existence of a local emergency if the board is in session, or to issue such proclamation if the board is not in session. Whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;

2. Request the Governor of the state to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency organization of the county for the accomplishment of the purposes of this chapter;

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

5. Represent the county in all dealings with public or private agencies on matters pertaining to emergencies;

6. In the event of the proclamation of a local emergency as provided in this section, the proclamation of a state of emergency by the Governor of the state, or by the Director of the California Office of Emergency Services, or the existence of a state of war emergency, the director of emergency services of the county 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 emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors,

b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof, and, if required immediately, to commandeer the same for public use,

c. To require emergency services of any county officer or employee, and, in the event of the proclamation of a state of emergency or the existence of a state of war emergency, to command the aid of as many citizens as he deems 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 disaster service workers,

d. To requisition necessary personnel or material of any department or agency of the county, and

e. To execute all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto or pursuant to predecessor ordinances theretofore adopted by the board of supervisors, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority.

B. 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 perform his duties during an emergency. Such order of succession shall be approved by the board of supervisors.

C. The assistant director of emergency services shall have such powers and duties consistent with the purpose of this chapter as shall be assigned by the director.

(Ord. 295-1 §7, 1972)

All officers and employees of Trinity County, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement, or by operation of law, including persons whose services were commanded under the provisions of Section 2.40.070 A(6)c , be charged with duties incident to the protection of life and property in Trinity County during such emergency, shall constitute the emergency organization of the county.

(Ord. 295-1 §8, 1972)

The disaster council shall be responsible for the development of the Trinity County emergency plan, which plan shall provide for the effective mobilization of all of the resources of the county, both public and private, to meet any condition constitution 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 board of supervisors.

(Ord. 295-1 §9, 1972)

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 the property of the county.

(Ord. 295-1 §10, 1972)

It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars or by imprisonment for not to exceed six months or by both fine and imprisonment, 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 chapter, or in the performance of any duty imposed upon him by virtue of this chapter;

B. Do any act forbidden by any lawful rule or regulation 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 the inhabitants of the county, or to prevent, hinder or delay the defense or protection thereof;

C. Wear, carry or display, without authority, any means of identification specified or used by the emergency organization of the county or any emergency agency of the state.

(Ord. 295-1 §11, 1972)