Woodlake Municipal Code Ch. 2.40 Emergency Services

The purpose of this chapter is to provide for the preparation and carrying out of plans for disaster and emergency services, the protection of persons and property within the county in the event of an emergency, the direction of the emergency organization, and the coordination of emergency functions of the county with all other affected persons and agencies, both public and private. Any expenditures made in connection with such disaster or emergency services, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the county.

(Ord. 425 § 2, 1988)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other public calamity.

"Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this county caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this county, requiring the combined forces of other political subdivisions to combat.

"Emergency services" means the preparation for carrying out disaster functions, other than functions for which military forces are primarily responsible, and 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.

"Emergency services office" means those physical facilities of the Tulare County department of health service constituting the Tulare operational area's emergency services office, the primary emergency operating center and the necessary staff and personnel to operate such facilities on a day-to-day or disaster emergency basis.

"Tulare operational area" means the unincorporated area of the county, and the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake.

(Ord. 425 § 3, 1988)

The emergency council of the Tulare operational area is created and shall consist of the following members:

A. The chairperson of the board of supervisors of the county who shall serve as chair. The board of supervisors shall appoint an additional member of the board to serve as an alternate member of the emergency council when the chairperson is absent from the county or is not immediately available to perform his duties;

B. The Tulare County executive;

C. The coordinator of emergency services who shall serve as vice chair;

D. Such county department heads as are provided for in the current emergency plan of this county;

E. Such representatives of civic, business, labor, veterans professional or other organizations having an official emergency responsibility, as may be appointed by the board of supervisors.

(Ord. 425 § 4, 1988)

The emergency council shall meet upon call of the chair or, in his absence from the county or inability to call such meeting, upon call of the vice chair at a time and place established by the council. Special meetings of the council shall be called in accordance with Section 54950 et seq. of the Government Code of the state of California. Special meetings may be called by the chair or the vice chair. The council shall meet at least one time each year. The council shall have the power to adopt rules and regulations governing the conduct of its meetings.

(Ord. 425 § 5, 1988)

The chair of the emergency council is empowered to perform the following acts:

A. Serve as the emergency services director of the Tulare operational area;

B. Request the Governor to proclaim a state of disaster when in the opinion of the chair the resources of the area are inadequate to cope with the disaster on a local basis.

(Ord. 425 § 6, 1988)

The Tulare County emergency council shall be responsible for the development of the county of Tulare multihazard functional plan.

(Ord. 425 § 7, 1988)

The Tulare County multihazard functional plan shall provide for the effective mobilization of all of the resources of this county, 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 Woodlake City council.

(Ord. 425 § 8, 1988)

There is created the position of coordinator of emergency services. The health services director shall be the coordinator of emergency services. There is created the position of emergency services programs manager who shall be appointed by the coordinator to administer the day-to-day functions of emergency services in accordance with this chapter. The powers and duties of the coordinator of emergency services are:

A. Request the board of supervisors to proclaim the existence or threatened existence of a local emergency if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the coordinator, 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;

B. Recommend that the chair of the board of supervisors request the Governor to proclaim a state of emergency when, in the opinion of the coordinator, the locally available resources are inadequate to cope with the emergency;

C. Control and direct the effort of the emergency organization of this county 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 county; and resolve questions of authority and responsibility that may arise between them;

E. Represent this county 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 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 coordinator is hereby empowered to perform the following acts:

1. 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, such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors,

2. 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 uses,

3. To require emergency services of any county officer or any statute, by any agreement approved by the board of supervisors, and by any other lawful authority;

G. The coordinator of emergency services shall designate the order of succession to that office, to take effect in the event the coordinator is unavailable to attend meetings and otherwise perform his duties during an emergency;

H. The emergency programs manager shall, under the supervision of the coordinator, and with the assistance of department heads or their designees, develop emergency plans and manage the emergency programs of this county; and shall have such other powers and duties as may be assigned by the coordinator.

(Ord. 425 § 9, 1988)

All officers and employees of this county, 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 county during such emergency, shall constitute the emergency service organization of the county of Tulare.

(Ord. 425 § 10, 1988)

A violation of this Chapter is not punishable as an infraction or misdemeanor, a violation of this Chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this Chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 425 §§ 11, 12, 1988)

(Ord. No. 641, § 2, 11-8-2021)