CHAPTER 34: CIVIL DEFENSE
Section
   34.01   Purpose
   34.02   Definitions
   34.03   Civil Defense and Disaster Council; creation and membership
   34.04   Powers and duties of Disaster Council; meetings
   34.05   Office of Director created; powers and duties generally
   34.06   Powers and duties of Director during emergency
   34.07   Emergency organization
   34.08   Distribution of functions and duties; form of organization
   34.09   Unlawful acts
   34.10   Compliance with the California Emergency Services Act
   34.11   Emergency plan
   34.12   Expenditures
   34.99   Penalty
Statutory reference:
   Local emergencies, see Cal. Gov't Code §§ 8630 et seq.
§ 34.01 PURPOSE.
   (A)   The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations.
   (B)   Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities and disaster preparedness services provided this city under contract or agreement, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.
(‘81 Code, § 8.12.020) (Am. Ord. 1288, passed 12-4-19)
§ 34.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DISASTER. The duly proclaimed, actual or threatened, existence of conditions of disaster or of extreme peril to the safety of persons, property and environment, within or affecting the territorial limits of the city, which are, or are likely to be, beyond the control of the city services, personnel, equipment and facilities and requiring the combined forces of other public agencies of combat. Conditions may include air pollution, drought, earthquake, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, sudden and severe energy shortage, technological interruptions and conditions such as, the Governor's warning of an earthquake or volcanic prediction, or other conditions including conditions resulting from war or imminent threat of war.
   STATE OF WAR EMERGENCY. The condition that 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 a state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
(‘81 Code, § 8.12.010) (Am. Ord. 1288, passed 12-4-19)
§ 34.03 DISASTER COUNCIL; CREATION AND MEMBERSHIP.
   The City Disaster Council is created and shall consist of the following:
   (A)   The Mayor, who shall be chairperson;
   (B)   The Director of Emergency Services, who shall be vice-chairperson;
   (C)   The Assistant Director of Emergency Services appointed by the City Manager with the advice and consent of the City Council;
   (D)   Such chiefs of emergency services as are provided for in a current emergency plan of this jurisdiction, adopted pursuant to this ordinance; and
   (E)   Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization with civil defense and disaster responsibility, as may be appointed by the Mayor, with the advice and consent of the City Council.
(‘81 Code, § 8.12.030) (Am. Ord. 1288, passed 12-4-19)
§ 34.04 POWERS AND DUTIES OF DISASTER COUNCIL; MEETINGS.
   (A)   It shall be the duty of the Director of Emergency Services, and he/she is hereby 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.
   (B)   The Disaster Council shall meet upon call of the chairperson; or, in his or her absence from the city or inability to call such a meeting, upon the call of the vice-chairman.
(‘81 Code, § 8.12.040) (Am. Ord. 1288, passed 12-4-19)
§ 34.05 OFFICE OF DIRECTOR CREATED; POWERS AND DUTIES GENERALLY.
   (A)   There is created the office of the Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
   (B)   The Director is empowered:
      (1)   To request the City Council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time, but in no case shall such proclamation remain in effect for a period in excess of seven days unless it has been ratified by the City Council;
      (2)   To request the Governor to proclaim a state of emergency when, in the opinion of the Director, the resources of the area or region are inadequate to cope with the disaster;
      (3)   To control and direct the effort of the Disaster Organization of this city for the accomplishment of the purposes of this chapter;
      (4)   To direct coordination and cooperation between divisions, services and staff of the Disaster Organization of this duty, and to resolve questions of authority and responsibility that may arise between them; and
      (5)   To represent the Disaster Organization of this city in all dealings with public or private agencies pertaining to disasters as defined herein.
(‘81 Code, § 8.12.050) (Am. Ord. 1288, passed 12-4-19)
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