Windsor Municipal Code Art. 1 General

The purpose of this chapter is to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8550): to provide for the preparation and carrying out the plans for the protection of persons and property within the Town of Windsor in the event of an emergency; to provide for the mitigation of the effects of natural, man-made, or war-caused emergencies which result in conditions of disaster or extreme peril to life, property, or the resources of the Town of Windsor; and to create an organization based on the Standardized Emergency Management System (SEMS)/National Incident Management System (NIMS).

(Ord. No. 92-22 § 2 (part); Ord. No. 96-91 § 1; Ord. No. 2008-234 § 1 (part))

As used in this article:

Coordinator shall mean the Coordinator of Emergency Services of the Town of Windsor.

Director shall mean the Director of Emergency Services.

Emergency shall mean the existence of a state of war emergency, state of emergency, or local emergency as hereinabove defined.

Emergency Council shall mean the Town of Windsor Emergency Council organized pursuant to the provisions of Section 3-19-130 of this chapter.

Emergency Services Organization shall mean all officers and employees of the Town, all persons enrolled to aid such officers and employees during an emergency, and all officers and employees of political subdivisions, groups, organizations, or persons, who may, by agreement, or by operation of law, be charged with duties incident to the protection of life and property within the Town during an emergency, or who may be impressed into service pursuant to law.

Local emergency shall mean the duly proclaimed existence, or threatened existence, of conditions of disaster or of extreme peril to the safety of persons and property within the territory of the Town or within any portion thereof, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, 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 Town and require the combined forces of other political subdivisions to combat.

Political subdivision shall mean all counties, city and counties, cities, districts, and other political subdivisions of the State of California, including the Town of Windsor.

State of emergency shall mean the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within this state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, other than conditions resulting from a labor controversy, or conditions causing a "state of war emergency," which conditions by reasons of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single Town and require the combined forces of a mutual aid region or regions to combat.

State of war emergency shall mean a condition with or without a proclamation thereof by the governor whenever this State or the United States is attacked by an enemy of the United States, or upon receipt by the State of California of a warning from the federal government indicating that such an enemy attack is probable or imminent.

Town shall mean the Town of Windsor in the County of Sonoma, California.

(Ord. No. 92-22 § 2 (part))

The Town Manager is hereby designated Director of Emergency Services.

(Ord. No. 92-22 § 2 (part))

The Director is hereby empowered to:

a. Direct the efforts of the Emergency Services Organization within the Town for the accomplishment of the purposes of this chapter, or of any other law, ordinance, or rules and regulations, relating to the preparation and implementation of emergency plans or programs now in effect, or as may be hereinafter adopted in accordance with law, by the Town, the State of California or the United States of America;

b. Request the Town Council to proclaim the existence of a local emergency, if the Town Council is in session, or to issue such proclamation of local emergency under his/her own authority if the Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force and effect after the seventh day from the date of issuance;

c. 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 an emergency;

d. Promote cooperation, and resolve questions of authority and responsibility that may arise, between agencies making up the emergency services organization, and coordinate the services of and direct staff within the Emergency Services Organization;

e. Subject to the approval of the Town Council, to enter into mutual aid agreements between the Town and the County and other political subdivisions, or any corporation, individual, or group of individuals; provided, however, that any mutual aid contract entered into with any political subdivision, the whole of whose territory is located within the County of Sonoma, and any contract with any corporation, group of individuals or individual within the County, shall contain the express provision that in the event of a local emergency duly proclaimed by the Town Council or the Director, the Director shall direct all operations of the emergency services organization within the Town so designated by said proclamation, and the Director shall resolve all questions of authority or responsibility that may arise between agencies responding to the proclamation of local emergency;

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

g. In the event of the proclamation of a local emergency as hereinabove provided, or the proclamation of a state of emergency 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 affected by such emergency, provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the Town Council,

2. Obtain necessary supplies, equipment, and such other properties found to be lacking or needed for the protection of life and property, and to bind the Town for the fair value thereof, and if required immediately, to commandeer the same for public use,

3. Require the immediate service of any Town officer or employee and, in the event of proclamation of a state of emergency, or the existence of a state of war emergency, to command the aid of any citizen as he deems necessary in the execution of his duties; such persons so impressed into such service shall be entitled to all the privileges, benefits, and immunities as are provided by law for registered disaster service workers,

4. Requisition necessary personnel and materials from any department or agency of the Town,

5. Execute all of his ordinary powers as Town Manager, all of the special powers conferred upon him by the ordinance codified in this chapter or by any resolution or emergency plan heretofore or hereafter adopted by the Town Council and all powers conferred on him by any statute, agreement or other lawful authority,

6. In the event of a local emergency, the Director or his duly authorized representative may order any person impeding efforts of any emergency service personnel to leave the area designated as an area within which a local emergency exists. Refusal by any person to obey the lawful directions of the Director or his duly authorized representative, or the hindrance or interference by any person with the lawful duties of any emergency service personnel shall constitute a violation of this Code and shall be punishable in the manner provided by Section 1-1-225 of this Code;

h. Director shall designate the order of succession to that office to take effect in the event the Director is unable to attend meetings, or to otherwise perform his duties during an emergency.

(Ord. No. 92-22 § 2 (part); Ord. No. 96-91 § 3)

The Coordinator of Emergency Services shall be appointed from the classified services of the Town of Windsor by the Director. The Coordinator shall have all of the powers and duties as specified by law, and shall in addition have such additional powers and duties as may be determined by the Director.

(Ord. No. 92-22 § 2 (part); Ord. No. 96-91 § 4)

a. There is hereby created the Town of Windsor Emergency Council.

b. The Emergency Council shall consist of the following members:

1. The Mayor or designee;

2. The Director (Town Manager) or designee;

3. The Chief of Police or designee;

4. The Director of the Department of Public Works or designee;

5. The Town Engineer or designee;

6. The Fire Chief of the Windsor Fire Protection District or designee;

7. One member representing the public utilities engaged in the transmission of power, gas, telephonic or telegraph communications or other similar utility;

8. Superintendent of Schools of the Windsor School District or designee;

9. One member representing the general public appointed annually by the Director.

c. The Mayor shall be ex officio of the Emergency Council. In his/her absence the Director shall serve as Chairperson.

(Ord. No. 92-22 § 2 (part); Ord. No. 96-91 § 5)

a. The Emergency Council is empowered to study and revise the Town emergency plan, and to review and recommend action upon all proposed mutual aid agreements with the County, other political subdivisions, corporations, groups or individuals, and to review and recommend the adoption of such ordinances, resolutions and rules and regulations as may be necessary to implement the Town emergency plan or any mutual aid agreement entered into pursuant to such plan.

b. The Emergency Council shall be responsible for the development of the local emergency plan, which shall provide for the effective mobilization of all the resources of the Town, both public and private, to meet conditions constituting an emergency and shall provide for the organization, powers and duties, services and staff of the Town Emergency Services Organization.

c. The Coordinator shall be ex officio secretary of the Emergency Council and shall provide such administrative, technical, and other assistance to the Emergency Council as may be needed and as are approved by the Director.

d. Approval of recommendations by the Emergency Council shall be by majority vote, a quorum of members being present. Presence in person by a majority of the members of the Council shall constitute a quorum for the transaction of business. The Emergency Council shall appoint such committees as shall be necessary to advise the Council on questions relating to management of resources, communications, health services, utilities, the preservation of peace and safety, and in such other areas as may be deemed necessary to the Council.

e. The Emergency Council may meet annually or sooner if needed to review or exercise the Town emergency plan.

f. The Emergency Council may recommend the calling and conducting of test exercises, either singularly or in conjunction with the County or any political subdivision, corporation, group or individual. The Director shall order such exercises as it deems necessary; provided, however, that no person conducting such exercises shall have the power to command the assistance of any private citizen, and the failure of any citizen to obey any order or regulation pertaining to the test exercise shall not constitute a violation of this chapter.

(Ord. No. 92-22 § 2 (part); Ord. No. 96-91 § 6; Ord. No. 2008-234 § 1 (part))

Any expenditure made in connection with the emergency services organization, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants of and property of the Town of Windsor.

(Ord. No. 92-22 § 2 (part))