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HomeMy WebLinkAboutOrd. No. 2006-1192 ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING AND RESTATING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DISASTER RELIEF WHEREAS, Chapter 2.20 Disaster Relief, of the Lake Elsinore Municipal Code identifies a list of emergency situations and provides for an organized response by the city to them; and WHEREAS, the last major revision of Chapter 2.20 was in 1991; and WHEREAS, the list of enumerated emergencies and the appropriate responses to them is incomplete by today's standards. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2.20 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: Sections: 2.20.010 2.20.020 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 2.20.130 Chapter 2.20 DISASTER RELIEF General purposes. Definitions. Disaster council established -- membership. Disaster council powers and duties. Disaster corps. Disaster corps -- activation. Orders by members of disaster corps. Disaster director Office of disaster preparedness. Powers of succession. Line of succession for council members. Emergency operating centers. Proclamation of emergency -- effective term CITY COUNCIL ORDINANCE NO. 1192 PAGE 2 OF 10 2.20.150 2.20.160 2.20.170 2.20.180 Proclamation of emergency -- rules and regulation -- powers of disaster director. Requisition of equipment or personnel. Termination of emergency. Prohibited acts during emergencies. Violation -- penalty. 2.20.140 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County of Riverside and with all other public agencies, corporations, organizations and affected private persons. 2.20.020 Definitions. "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 other conditions (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 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 that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. "State of emergency" means 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 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 the conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of the 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 CITY COUNCIL ORDINANCE NO. 1192 PAGE 3 OF 10 the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. "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 an enemy attack is probable or imminent. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act. 2. 20.030 Disaster council established -- Membership. The city disaster council is created and established and shall consist of the following individuals: A. The city manager, who shall be the chair of the council; B. The city emergency services coordinator, who shall be designated by the city manager and who shall serve as vice-chair of the council; and C. Such other city personnel as may be appointed by the city manager. 2.20.040 Disaster council powers and duties. It shall be the duty of the city 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 the call of the council's chair or in the chair's absence from the city or inability to call such meeting, upon the call of the council's vice-chair. 2.20.050 Disaster corps. The city disaster corps consists of all officers and employees of the city and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the city. The officers CITY COUNCIL ORDINANCE NO. 1192 PAGE 4 OF 10 of the city shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the city, and to conduct the activities thereof. 2.20.060 Disaster corps -- Activation. The disaster corps shall be activated and shall function as a disaster relief body, only: A. Upon the existence of a state of war emergency; B. Upon the declaration by the governor of the state or of persons authorized to act in his stead, of a state of emergency affecting and including the city; C. Upon the declara~ion of a local emergency by the board of supervisors of Riverside County, or by persons authorized to act in its stead, affecting and including the city; or D. Upon the declaration of a local emergency by the city council of the city, or by persons herein authorized to act in its stead. 2.20.070 Orders by members of disaster corps. During the existence of a state of war emergency or of a proclaimed state of emergency or local emergency affecting the city each member of the city disaster corps shall have authority to require that all persons shall follow reasonable orders given by him within the scope of his functions in order to execute the disaster operations plan of the city, and the willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.080 Disaster director. The city manager shall be the disaster director. In the city manager's absence or inability to act the city manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the city. The disaster director shall have the following powers and duties: A. To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps; B. To request the city council to proclaim the existence of a local emergency if the council is in session, or to issue such proclamation if the council is not in session and order activation of the city's Emergency Operating Center (EOC). 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 CITY COUNCIL ORDINANCE NO. 1192 PAGE 5 OF 10 shall have no further force or effect. The city council shall review the necessity for continuing the local emergency no less frequently than every fourteen days until the emergency is terminated; C. During the existence of a state of war emergency, or the proclaimed existence of a state of emergency or a local emergency affecting the city, to: 1. Control and direct the activities of the city disaster corps; 2. Use all city resources for the preservation of life and property and to reduce the effects of disaster; 3. Resolve questions of authority and responsibility that may arise in disaster operations; 4. Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the city for the fair value thereof or by commandeering the same; 5. Delegate to elected and appointed officials of the city such duties and authorities as he deems necessary; 6. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; 7. Require performance of emergency services by any city officer or employee and to command the aid of as many citizens of the city as he thinks necessary in the execution of his duties; and 8. Exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general laws; D. In addition to the powers granted in this chapter, the director shall have such power incidental to the performance of his duties as shall be necessary to allow him to carry out the disaster operations plan of the city, it being the intent of this chapter that the enumerated powers herein are not limitations upon his powers. 2.20.090 Office of disaster preparedness. There is created the city office of disaster preparedness, which shall consist of such positions as may be established by the city manager. 2.20.100 Powers of succession. Each person who shall succeed to each position or office as provided in this chapter, and as provided in the disaster CITY COUNCIL ORDINANCE NO. 1192 PAGE 6 OF 10 operations plan of the city, shall succeed to all powers and duties of the office succeeded to immediately upon such succession. 2.20.110 Line of succession for council members. The line of succession for the position of mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the city council, shall be mayor pro tempore followed by the remaining city council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the California Government Code. 2.20.120 Emergency operating centers. The EOC manager is the City emergency services coordinator. The EOC is located at the Lake Elsinore Police Department; alternate EOCs are located at the Lake Elsinore City Hall and McVicker Canyon Fire Station. 2.20.130 Proclamation of emergency-- Effective Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the governing body. 2.20.150 Proclamation of emergency-- Rules and regulations--Powers of disaster director. After issuance of a proclamation of local emergency, the disaster 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 such emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the city council. In addition to those powers and duties set forth in Section 2.56.080, the disaster director is granted, but shall not be limited to, the following powers: A. Curfew. 1. The disaster director may order a general curfew applicable to the entire city or such geographical areas thereof as he deems necessary to protect the public health, safety, welfare and morals. 2. 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 CITY COUNCIL ORDINANCE NO. 1192 PAGE 7 OF 10 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, firemen and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements. B. Business Closing. The disaster director may order the closing of any business establishments anywhere within the city, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms. C. Alcoholic Beverages. The disaster 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 the consumption of such alcoholic beverages shall be found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency. D. Weapons. The disaster director may order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item the use of which would tend to inflict great bodily harm on persons or damage to property. E. Closed Areas. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such emergency. The forgoing specific authorizations of authority vested in the disaster director and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 2.20.150 A. Requisition of equipment or personnel. Once a proclamation of emergency is issued, the disaster director may request from the governor all necessary assistance, requisition necessary personnel or materials from any city department or other source, control and direct all city personnel and equipment, obtain vital supplies and such other properties found lacking and needed for their protection of life and property, and bind the city for the fair value CITY COUNCIL ORDINANCE NO. 1192 PAGE 8 OF 10 thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. B. The disaster director may also require emergency services of any city official or employee and may command the aid of as many citizens of this city as he determines to be necessary in the execution of his duties. Such person shall be entitled to all privileges, benefits and immunities as are provided by state or local law for registered civil defense and disaster worker volunteers. 2.20.160 Termination of emergency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate upon the issuance of a proclamation by the governing body terminating the emergency. 2.20.170 Prohibited acts during emergencies. It is a criminal act and a misdemeanor for any person during a state emergency, war emergency, local emergency or other condition of disaster: A. To willfully obstruct, hinder or delay any member of the city disaster corps in the enforcement 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 corps member by virtue of this chapter; 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 of 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 of disaster or civil defense agencies of the federal or state governments. 2.20.180 Violation--Penalty. Any person violating any provision of this chapter or any executive order issued pursuant thereto is guilty of a misdemeanor and subject to punishment in accordance with Section 1.16.010. - SECTION 2. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. CITY COUNCIL ORDINANCE NO. 1192 PAGE 9 OF 10 SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 22nd day of August, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING September 12 , 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE NOES: ABSTAIN: COUNCILMEMBERS:BUC;KLy c;) . t / ./0 Robert E. Mag ayor City of Lake E sinore Frederick ay, City Clerk City of Lake Elsinore CITY COUNCIL ORDINANCE NO. 1192 PAGE 10 OF 10 - APPROVED AS TO FORM: { eibold, City Attorney lsinore - -