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HomeMy WebLinkAbout10-08 CC Ordinance ORDINANCE NO. 10 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.56 OF THE TEMECULA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Chapter 2.56 of the Temecula Municipal Code to read as follows: "Chapter 2.56 Emergency Organization and Functions 2.56.010 PURPOSES 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 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. 2.56.020 DEFINITION A. As used in this chapter, "emergency" shall mean 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 for this city, requiring the combined forces of other political subdivisions to combat. B. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act. 2.56.030 DEVELOPMENT OF EMERGENCY AND MUTUAL AID PLANS AND IMPLEMENTING REGULATIONS It shall be the duty of the City Manager, and he or she is hereby empowered, to develop and recommend for adoption by the city council, the city's emergency plan, mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The city's emergency plan shall provide for the effective mobilization of all of the resources of this city, 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, RJOrds 2010 /Ords 10 -08 1 and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. 2.56.040 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. There is hereby created the office of director of emergency services ( "director "). The city manager shall be the director of emergency services. B. There is hereby created the office of assistant director of emergency Services ( "assistant director "), who shall be appointed by the director. 2.56.050 POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES A. Subject to applicable state and federal laws, the director is hereby 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 (7) calendar days thereafter or the proclamation shall have no further force or effect. The city council shall review the local emergency proclamation at least every thirty (30) days, or such other period as required by law, and shall terminate the emergency proclamation at the earliest possible date the conditions warrant. (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 city's emergency organization for the accomplishment of the purposes of this chapter. (4) Direct cooperation between and coordination of services and staff of the city's emergency organization; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Secretary of California Emergency Management,. or the existence of a "state of war emergency," the director is hereby empowered: R: /Ords 2010 /Ords 10 -08 2 (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, such rules and regulations must be confirmed 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" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the city's departments or agencies; and (e) To execute all ordinary power as city manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, 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 duties during an emergency. Such order of succession shall be approved by the city council. C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. 2.56.070 EMERGENCY ORGANIZATION 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 service under the provisions 2.56.060A.(6)(c) of this chapter, be 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. R: /Ords 2010 /Ords 10 -08 3 2.56.090 EXPENDITURES 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 city. 2.56.100 PROHIBITED ACTS DURING EMERGENCIES A. It shall be a violation of this code for any person during an emergency, to: 1. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation or order issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. 2. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, 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. B. Any person violating any of the provisions of this chapter may be prosecuted pursuant to the enforcement provisions set forth in Title 1 of this code." Section 2. It is the intent of the City Council in enacting this Ordinance that it shall be a revision and continuation of Chapter 2.56, originally enacted by Ordinance No. 91 -34, and that the appointment and status of volunteers and such plans, agreements, rules, regulations and resolutions adopted pursuant to Chapter 2.56 shall continue in full force and effect by their terms, until such time as they may be amended, modified, superseded or repealed by actions pursuant to Chapter 2.56. Section 3. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. R: /Ords 2010 /Ords 10 -08 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27 day of April, 2010. G Jeff Comerchero, Mayor ATTEST: ( Susan . Jo es, MM City Cle k [SEAL] RJOrds 2010 /Ords 10 -08 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10 -08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of April, 2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27 day of April, 2010, by the following vote: AYES: 4 COUNCIL MEMBERS: Edwards, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None Susa W. Jones, MMC City Clerk RJOrds 2010 /Ords 10 -08 6