Yucca Valley Municipal Code Ch. 2.40 Emergency Organization

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the town in the event of an emergency or disaster, the direction of the emergency organization; and the coordination of the emergency functions of the town with the county and with all other public agencies, corporations, organizations and affected private persons. (Ord. 193, 6-26-2008)

As used in this chapter:

EMERGENCY: The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this town caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities for this town, requiring the combined forces of other political subdivisions to combat.

LOCAL EMERGENCY: The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the town or the county of San Bernardino 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.

STATE OF EMERGENCY: The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions such as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions, but 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 town, county, or city, town and county, and require the combined forces of a mutual aid region or regions to combat.

STATE OF WAR EMERGENCY: A 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 an enemy attack is probable or imminent.

Other terms used herein shall have meanings as used in the California emergency services act. (Ord. 193, 6-26-2008)

The town of Yucca Valley disaster council is hereby created and shall consist of the following:

A. The mayor, who shall be chair;

B. The director of emergency services ("director"), who shall be the town manager and vice chair;

C. The assistant director of emergency services ("assistant director");

D. Such chiefs of emergency services as are provided for in the current emergency plan of this town, adopted pursuant to this chapter.

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the town council. (Ord. 193, 6-26-2008)

It shall be the duty of the town of Yucca Valley disaster council, and it is hereby empowered, to develop and recommend for adoption by the town council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chair or, in the chair's absence from the town or inability to call such meeting, upon call of the vice chair. (Ord. 193, 6-26-2008)

A. There is hereby created the office of director of emergency services. The town manager shall be the director of emergency services.

B. There is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. 193, 6-26-2008)

A. The director is hereby empowered to:

1. Request the town council to proclaim the existence or threatened existence of a "local emergency" if the town council is in session, or to issue such proclamation if the council is not in session. Whenever a local emergency is proclaimed by the director, the town council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force of effect.

2. 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 town 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 town; and resolve questions of authority and responsibility that may arise between them.

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

6. During the existence of a state of war emergency or the proclaimed existence of a state of emergency or a local emergency affecting the town:

a. Use all town resources for the preservation of life and property and to reduce the effects of the disaster;

b. Resolve questions of authority and responsibility that may arise in disaster operations;

c. 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 town council;

d. Obtain vital supplies, equipment and other resources found lacking and needed for the preservation of life and property by either binding the town for the fair value thereof or by commandeering the same;

e. Require performance of emergency services by any town officer or employee and, in the event of the proclamation of a state of emergency in San Bernardino County, or the existence of a state of war emergency, to command the aid of as many citizens of the community as the director deems necessary in the execution of the director's duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state and local laws for registered disaster service workers;

B. In addition to the powers granted herein, the director shall have such powers incidental to the performance of the director's duties as shall be necessary to allow the emergency plan to be effectively carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director's powers.

C. 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 attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the town council.

D. The assistant director shall, under the supervision of the director and with assistance of the chiefs of emergency services, develop emergency plans and manage the emergency programs of the town, and have such other powers and duties as may be assigned by the director. (Ord. 193, 6-26-2008)

All officers and employees of this town, 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 provisions of subsection 2.40.060A6e of this chapter, be charged with duties incident to the protection of life and property in this town during such emergency, shall constitute the emergency organization of the town of Yucca Valley. (Ord. 193, 6-26-2008)

The disaster council shall be responsible for the development of the town of Yucca Valley ("emergency plan"), which shall provide for the effective mobilization of all the resources of the town, 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 the town council. (Ord. 193, 6-26-2008)

During the existence of a state of war emergency or of a proclaimed state of emergency or local emergency affecting the town, each member of the town disaster council shall have authority to require that all persons shall follow reasonable order given by that member within the scope of that member's functions in order to execute the emergency plan of the town, and the wilful failure of any person to follow such reasonable order(s) is unlawful and a misdemeanor. (Ord. 193, 6-26-2008)

The line of succession for the position of mayor during a state of war emergency, state of emergency, local emergency or other condition of disaster, unless otherwise ordered by the town council, shall be mayor pro tempore followed by the remaining town council members in order of their seniority excluding standby successors who may have been appointed pursuant to California Government Code section 8638, or if equal in seniority of service then in order of most votes cast in most recent election. (Ord. 193, 6-26-2008)

Unless exigencies render the same impossible or unduly hazardous to safety, two (2) emergency operating centers shall normally be maintained within the town. (Ord. 193, 6-26-2008)

It is unlawful and a violation of this code, for any person during a state of war emergency, state of emergency, local emergency or other condition of disaster:

A. To wilfully obstruct, hinder or delay any member of the disaster council in the enforcing of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster council member by virtue of this chapter; or

B. To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or

C. To wear, carry or display, without authority, any means of identification specified by the emergency services or disaster or civil defense agencies of the federal or state governments. (Ord. 193, 6-26-2008)

After the issuance of a proclamation of local emergency, the director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the town council. In addition to those powers and duties set forth in section 2.40.060 of this chapter the disaster director is granted, but shall not be limited to, the following powers:

A. Curfew: The director may order a general curfew applicable to the entire town or such geographical areas thereof as he deems necessary to protect the public health, safety, welfare and morals.

As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and law enforcement officers and other such personnel as well as those specifically authorized by duly delegated authority are exempted from the foregoing curfew requirements;

B. Business Closings: The director may order the closing of any business establishments anywhere within the town, such businesses to include, but not be limited to, those selling alcoholic beverages, gasoline or firearms;

C. Alcoholic Beverages: The director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which consumption of such alcoholic beverages shall be found by the director, on just cause, to precipitate a clear and present danger to the well being of the community during the emergency;

D. Weapons: The director may order that no persons shall carry or possess any gun, bomb, firebomb, knife, rock or other such weapon item, the use of which would tend to inflict great bodily harm on persons or damage to property;

E. Street Closures: The director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency.

The foregoing specific authorizations, and other such authorizations as may be deemed necessary during such emergency, are declared to be imminently necessary for the protection of life and property during an emergency period. (Ord. 193, 6-26-2008)

Any person violating any provision of this chapter, or executive order issued pursuant thereto, is guilty of a misdemeanor. (Ord. 193, 6-26-2008)