Chapter 2.78 - EMERGENCY SERVICES AND DISASTER

This chapter establishes the county emergency services organization and provides for the preparation and carrying out of the plans for the protection of persons and property within the county in the event of an emergency; the direction of the emergency organization; the coordination of the emergency functions of the county with all other governmental agencies, incorporated areas, corporations, organizations, and affected private persons.

(Ord. 360 § 2, 1972).

2.78.030 - Definitions.

A. "City" or "Cities," where used in this chapter and in the emergency plan related thereto, refers to one or both of the two incorporated political subdivisions within Madera County.

B. "Disaster," when used in the text of emergency plans prepared pursuant to this chapter, is synonymous with "emergency."

C. "Emergency," as used in this chapter, means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the county caused by such conditions as air pollution, fire, flood, storm, explosion, land slide, chemical spills, famine, drought, or earthquake, or other conditions including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy.

D. "Emergency plan," where used in this chapter means that portion of the document entitled "Madera County Operational Area Emergency Plan" which is applicable to the entire area of the county.

E. "Governmental agency," where used in this chapter includes all national, state, and local governments and all nonprofit corporations and associations performing a governmental function.

(Ord. 360 § 3, 1972).

2.78.040 - Disaster council membership.

The Madera County disaster council is hereby created and shall consist of all the members of the board of supervisors. The chairman of the board shall be the chairman of the council. The director of emergency services shall be the secretary for the council. The duties of the council shall be to promote, receive, evaluate, coordinate, and make available the best information obtainable from all sources, toward the end that the most effective mobilization of all county resources and facilities, public and private, may be the foundation for the actions taken during emergency operations.

The council shall request representatives from the cities to participate in meetings concerning subjects which affect the cities.

(Ord. 360 § 4, 1972).

2.78.050 - Director of emergency services.

A. There is created the position of director of emergency services.

1. The sheriff is the director of emergency services. In the event that the sheriff is unavailable and/or unable to serve, the under sheriff automatically succeeds to the position of the director.

2. Each January the sheriff shall designate by administrative memorandum the order of succession to the position of director of emergency services by the other members of this staff, and the order of succession within all governmental agencies within the county.

B. There is created the position of assistant director of emergency services. The under sheriff shall be the assistant director of emergency services. The director may appoint an additional assistant director, as needed.

C. There is created the position of emergency services coordinator. Under direction of the emergency services director, he shall be charged with duties required to maintain plans, budget, records, surplus property control and the other requirements.

(Ord. 360-C § 1, 1991: Ord. 360-B § 1, 1986: Ord. 360-A § 1, 1973; Ord. 360 § 5, 1972).

2.78.060 - Director and assistant—County and government cooperation—Powers.

The director is hereby empowered to:

A. Request the board of supervisors to proclaim the existence or threatened existence of a local emergency if the board of supervisors is in session, or to issue such proclamation if the board of supervisors is not in sessions. Whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

B. Request the chairman of the board of supervisors, or his next in succession, to assemble the board of supervisors at least each seven days, in accordance with the provisions of Government Code, Section 8630, the California Emergency Services Act, for the purpose of reviewing the need for continuing the "local emergency," requesting the board terminate the "local emergency" at the earliest possible date conditions warrant;

C. Request the Governor to proclaim a state of emergency when, in the opinion of the director, locally available resources are inadequate to cope with the emergency;

D. Direct and control the effort of the county and all governmental agencies within the county for the accomplishment of the purposes of this chapter, as authorized by the California Government Code;

E. Direct cooperation between and coordination of services and staff of the county and all governmental agencies within the county, and resolve questions of authority and responsibility that may arise between and among them;

F. Represent the county and all governmental agencies within the county in all dealings with public or private agencies on matters pertaining to emergencies falling within the purview of this chapter.

(Ord. 360 § 6A, 1972).

2.78.070 - Director and assistant—Powers when emergency is proclaimed.

In the event of a proclamation of a local emergency as herein provided, 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 hereby empowered to:

A. 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 board of supervisors;

B. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof and, if required immediately, to commandeer the same for public use;

C. Require emergency services of any officer or employee of any governmental agency, and in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of the county as he deems necessary in 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. Order the arrest, removal or temporary detention of any person who interferes with the activities of an employee of a governmental agency during an officially proclaimed local emergency, state of emergency, or state of war emergency, as specified in Section 2.78.150;

E. Requisition necessary personnel or material of any department or agency in this county;

F. Execute all of his ordinary power as county administrative officer.

(Ord. 360 § 6B, 1972).

2.78.080 - Director—Emergency plan development.

The director shall administer the development of emergency plans and associated attachments and annexes thereto. Department heads or comparable heads of county agencies who are assigned tasks and responsibilities as emergency service chiefs or resource managers as defined in the current emergency plan adopted by the board of supervisors, are responsible for preparation of annexes, attachments, and related standing operating procedures, alert lists, and associated implementing actions which may be forthcoming from the director from time to time, as appropriate to their respective roles in the emergency services organization established by this chapter.

(Ord. 360 § 6C, 1972).

2.78.090 - Director—Emergency program administration.

The director shall administer the emergency programs of this county, along with such other duties and powers as may be assigned by the board of supervisors from time to time.

(Ord. 360 § 6D, 1972).

2.78.100 - Director—Organization and plan coordination.

The director of emergency services is empowered to coordinate the emergency services organization and emergency plan requirements and activities with the agencies that comprise the emergency services organization, toward the accomplishment of its purposes, and as shall be necessary for development and maintenance of a current, approved emergency plan.

(Ord. 360 § 6E, 1972).

2.78.110 - Emergency organization.

All officers and employees of the county, 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 of Section 2.78.070(3), who are charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of the county.

(Ord. 360 § 7, 1972).

2.78.120 - Emergency plan.

The county emergency plan shall be developed and maintained current by the director of emergency services. The plan will provide for continuity of government, and the effective mobilization of all of the resources of the county, 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 board of supervisors.

(Ord. 360 § 8, 1972).

2.78.130 - Succession to governmental agency offices.

A. Annually, in January, each governmental agency designated by the director shall file with him, the names of at least three persons from that agency, in order of succession, who are qualified to fill key offices in the event that an office holder is unavailable as defined in Government Code Section 8636. The order of succession may be altered by the director at any time and for any reason.

B. County department heads who are designated chiefs of emergency services and resource management Sections in the emergency plan shall provide for at least a three deep order of succession of appropriate subordinate employees to succeed to the chief position if the department head is unavailable or unable to serve. Such list of succession shall be filed annually in January with the director.

(Ord. 360 § 9, 1972).

2.78.140 - 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 county in accordance with the Government Code Section 53121, and shall supersede any ordinances of the county establishing purchasing procedures, if a conflict should arise.

(Ord. 360 § 10, 1972).

2.78.150 - Obstructing organization member—Penalty.

Any person who obstructs, hinders or delays 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 him by virtue of this chapter, during a state or war, state of emergency, or local emergency, is guilty of a misdemeanor as provided in Chapter 1.12 of this code.

(Ord. 385 § 8(part), 1974: Ord. 378 § 2(part), 1973: Ord. 360 § 11, 1972).

2.78.160 - Aiding the enemy or imperiling inhabitants—Penalty.

Any person who does any act which gives assistance to the enemy, imperils the lives or property or inhabitants of this county, or who prevents, hinders, or delays the protection thereof, shall be penalized as provided in Chapter 1.12 of this code.

(Ord. 385 § 8(part), 1974: Ord. 378 § 2(part), 1973: Ord. 360 § 11.1, 1972).

2.78.170 - Carrying unauthorized identification.

Any person who wears, carries or displays, without authority, any means of identification specified by the emergency agency of the state shall be punished as provided in Chapter 1.12 of this code.

(Ord. 385 § 8(part), 1974: Ord. 378 § 2(part), 1973: Ord. 360 § 11.2, 1972).

Chapter 2.78 - EMERGENCY SERVICES AND DISASTER19

Chapter 2.78 - EMERGENCY SERVICES AND DISASTER¹⁹