Yuba County Municipal Code Ch. 4.20 Emergency Services

In conjunction with the Board of Supervisors independent power to declare a local emergency pursuant to Government Code § 8630 and to take independent action associated therewith, the declared purposes of this Chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this County in the event of an emergency, the direction of the emergency organization; and the coordination of the emergency functions of this County with all other public agencies, corporations, organizations, and affected private persons.

(Prior Code, § 4.20.010; Ord. No. 479; Ord. No. 1114; Ord. No. 1266)

As used in this Chapter, "emergency" means the conditions described in Government Code § 8558 as follows:

(1) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, 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 enemy attack is probable or imminent.

(2) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the State 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 or conditions causing a "state of war emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(3) "Local 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 a county, city and county, or 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 that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

(Prior Code, § 4.20.020; Ord. No. 479; Ord. No. 1114; Ord. No. 1320; Ord. No. 1441)

As used in this Chapter, "Disaster Council" means an organization created by means of Yuba County ordinance to provide the local emergency organizations with guidance on rules and regulations for dealing with local emergencies, and to enact mutual aid and other agreements.

(Prior Code, § 4.20.030; Ord. No. 1441)

State Law reference— Disaster Council authorized, Government Code § 8610.

The Yuba County Disaster Council is hereby created and shall consist of the following:

(1) The Disaster Council consists of the following:

(2) The following shall serve as ex-officio members without vote:

a. County Counsel or his/her designee, which must be the Chief Deputy County Counsel or Deputy County Counsel,

b. Director of Public Works or his/her designee,

c. Director of Health and Human Services Department or his/her designee,

d. The Public Health Officer,

e. Mayor of City of Marysville, or his or her designee,

f. Mayor of Wheatland, or his or her designee,

g. Such representatives of reclamation districts and other special districts, civil, business, labor, veterans, professional, or other organizations, public or private, having an official emergency responsibility, as may be appointed by the Board of Supervisors.

(Prior Code, § 4.20.035; Ord. No. 479; Ord. No. 1114; Ord. No. 1266; Ord. No. 1348; Ord. No. 1405; Ord. No. 1441)

It shall be the duty of the County Disaster Council and it is so empowered to advise and make recommendations to the Board of Supervisors on all matters pertaining to:

(1) Planning for a state of war;

(2) Planning for State and local emergencies;

(3) Recommending revisions to the County's Emergency Operations Plan;

(4) Recommending ordinances or resolutions which are necessary to implement such plans and agreements.

(Prior Code, § 4.20.040; Ord. No. 479; Ord. No. 1114; Ord. No. 1266; Ord. No. 1441)

The Disaster Council is authorized to appoint subcommittees in order to facilitate emergency planning and the receipt of grant funds as they become available for grants that are related to the preparation and planning for emergencies, including preparation and planning related to terrorist activities. Additionally, the Disaster Council may serve as the Emergency Services Operational Area Council for obtaining such grants.

(Prior Code, § 4.20.045; Ord. No. 1307; Ord. No. 1441)

The local Disaster Council shall adopt rules of procedure which shall govern their actions. The rules shall include, but not be limited to:

(1) Provisions regarding the time, place, and frequency of meetings, such frequency to be no less than once every third month, unless unique circumstances exist as to delay the meeting for a period not to exceed two months. All meetings of the council shall be public.

(2) After each Disaster Council meeting the Board of Supervisors shall be provided the agenda and minutes to said meeting. Any matters recommended to the Board of Supervisors by the Disaster Council shall be placed on the agenda and heard at a regularly scheduled Board of Supervisors meeting as appropriate.

(Prior Code, § 4.20.050; Ord. No. 479; Ord. No. 1114; Ord. No. 1441)

(a) There is created the office of Director of Emergency Services. The County Administrator shall be the Director of Emergency Services and may appoint a qualified designee to run the day to day operations of the office of Emergency Services.

(b) If the County Administrator is not available to respond during an emergency, his/her qualified designee shall exercise all powers and duties of the Director.

(c) If neither the County Administrator or the qualified designee are available to respond during an emergency, the Sheriff shall exercise all powers and duties of the Director.

(d) In the event the County Administrator, the qualified designee and the Sheriff are not available to respond during an emergency, the Chairman of the Board of Supervisors shall exercise all powers and duties of the Director.

(Prior Code, § 4.20.060; Ord. No. 479; Ord. No. 1114; Ord. No. 1266; Ord. No. 1441)

(a) In the event of the proclamation of a local emergency by County Director of Emergency Services, or Yuba County Board of Supervisors or the existence of a state of war emergency, the Director is empowered:

(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; provided, however, the 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 them for public use;

(3) To require emergency services of any County officer or employee and, in the event of the proclamation of a state of emergency in the County or the existence of a state of war emergency to command the aid of as many citizens of the County 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 to register disaster service workers;

(4) To requisition necessary personnel or material of any County department or agency; and

(5) To execute all of his ordinary power as Director of Emergency Services and use all of the special powers conferred upon him by this Section or by resolution or emergency plan pursuant hereto 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 is hereby empowered to:

(1) 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 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) Recommend that the Chairman of the Board of Supervisors 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.

(3) Control and direct the effort of the emergency organization of this 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 this County; and resolve questions of authority and responsibility that may arise between them.

(5) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(Prior Code, § 4.20.070; Ord. No. 479; Ord. No. 1114; Ord. No. 1266; Ord. No. 1441)

In the event the Yuba County Health Officer determines there is a public health emergency caused by the potential spread of a contagious, infectious or communicable disease or by an act of bioterrorism or as the result of a chemical terrorist attack, the Health Officer is hereby authorized to declare a local state of emergency pursuant to Government Code § 8630, and to take such measures as may be necessary to prevent the spread of chemical or biological agents and the spread of contagious, infectious or communicable diseases.

(Prior Code, § 4.20.075; Ord. No. 1320)

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 Section 4.20.070, charged with duties incident to the life and property in this County during such emergency, shall constitute the emergency organization of the County of Yuba.

(Prior Code, § 4.20.080; Ord. No. 1114; Ord. No. 1266)

The Yuba County Disaster Council shall, with the assistance of the Director of the office of Emergency Services, be responsible for the development of the Emergency Operations Plan for the County of Yuba. The Emergency Operations Plan shall comply with the Standardized Emergency Management System (SEMS) mandated by Government Code § 8607 and the National Incident Management System (NIMS) adopted by the Yuba County Board of Supervisors. The Emergency Operations 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 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.

(Prior Code, § 4.20.090; Ord. No. 479; Ord. No. 1114; Ord. No. 1266; Ord. No. 1441)

Any expenditure 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 County.

(Prior Code, § 4.20.100; Ord. No. 1114; Ord. No. 1266)

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000.00, or by imprisonment for not to exceed six months, or both for any persons, during a state of war emergency, state of emergency, or local emergency to:

(1) Willfully 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.

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this County, or to prevent, hinder or delay the defense or protection thereof.

(3) Wear, carry, or display, without authority any means of identification specified by the Emergency Agency of the State.

(Prior Code, § 4.20.101; Ord. No. 479; Ord. No. 1114; Ord. No. 1441)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.