Chapter 36 — EMERGENCY ORGANIZATIONS

The purpose of the City Council in enacting this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.

('83 Code, § 2.65.010) (Ord. 1006, passed - -89; Am. Ord. 1007, passed - -89)

Statutory reference:

Emergency services, see Cal. Gov't Code §§ 8550 et seq.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city 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 of the city, requiring the combined forces of other political subdivisions to combat.

('83 Code, § 2.65.020) (Ord. 1006, passed - -89; Am. Ord. 1007, passed - -89)

A Disaster Council for the city is created. Membership on the Disaster Council shall consist of the following.

• (A) The City Manager, who shall be Chairperson.

• (B) The Police Chief who shall be Vice Chairperson.

• (C) The Director of Public Works.

• (D) A representative of Los Angeles County Fire Protection District and such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.

(E) The Mayor or the Mayor pro tem in the absence of the Mayor, and the City Council's representative to the Civil Defense Area "D" Committee.

(F) Such other city officers and/or representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the Chairperson with approval of the City Council.

('83 Code, § 2.65.030) (Ord. 1006, passed - -89; Am. Ord. 1007, passed - -89)

It shall be the duty of the Disaster Council, and it is empowered, to develop and recommend for adoption by the City 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 Chairperson, or, in his absence from the city or inability to call such meeting, upon call of the Vice-Chairperson. ('83 Code, § 2.65.040) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

(A) There is created the office of Director of Emergency Services. The City Manager shall serve as the Director without additional compensation.

(B) There is created the office of Assistant Director. The Police Chief shall serve as the Assistant Director without additional compensation.

('83 Code, § 2.65.050) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

(A) The Director is empowered to:

(1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council 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 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 city 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 city, and resolve questions of authority and responsibility that may arise between them.

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

(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 or the Director of the State Office of Emergency Services, or the existence of a state of war emergency the Director 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, the rules and regulations must be confirmed or modified at the earliest practicable time by the City Council.

(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 city for the fair value thereof and, if required immediately, to commandeer the same for public use.

(c) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency by the County of Los Angeles, or the existence of a state of war emergency, to command the aid of as many persons as he deems necessary to 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 city department or agency.

(e) To execute any powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, and/or by any agreement approved by the City Council, and by any other lawful authority.

(B) The Director 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 duties during an emergency. Such order of succession shall be approved by the City Council.

(C) The Director shall develop emergency plans and manage the emergency programs for this city. ('83 Code, § 2.65.060) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

All officers and employees of this city, 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 other applicable law charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. ('83 Code, § 2.65.070) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

The Disaster Council shall be responsible for the development of the city's emergency plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. The plan shall take effect upon adoption by resolution of the City Council. ('83 Code, § 2.65.080) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

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 of the city. ('83 Code, § 2.65.090) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89)

The following acts are prohibited during an emergency.

(A) To 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 such member by virtue of this chapter.

(B) To do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives and property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof.

(C) To wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.

('83 Code, § 2.65.100) (Ord. 1007, passed - -89; Am. Ord. 1006, passed - -89) Penalty, see § 36.99

It shall be a misdemeanor, punishable by a fine not to exceed $1000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to commit any of the violations mentioned in § 36.10. ('83 Code, § 2.65.100) (Ord. 1006, passed - -89; Am. Ord. 1007, passed - -89)