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Ordinance No. 55 ORDINANCE NO. 55 .f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING CHAPTER 2 .20, "DISASTER RELIEF, " OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE TERMINOLOGY USED THEREIN THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20, "Disaster Relief, " of the Chino Hills Municipal Code is hereby amended to read as follows: "Chapter 2 .20 DISASTER RELIEF Sections: 2.20. 010 General Purposes. 2 .20.020 Definitions. 2.20.025 Disaster Council Established, Membership. 2 . 20.026 Disaster Council Powers and Duties. 2.20.030 Disaster Corps. • 2. 20. 040 Disaster Corps -- Activation. -- 2 . 20. 050 Director of Emergency Services. 2 .20. 060 Director of Emergency Services Powers and Duties. 2.20. 070 Office of Emergency Services. 2.20. 080 Powers on Succession. 2.20. 091 Orders by Members of Disaster Corps. 2 .20. 100 Line of Succession for Council Members. 2 .20. 110 Emergency Operating Centers. 2 .20. 120 Prohibited Acts During Emergencies. 2 .20. 180 Proclamation of Emergency -- Determination -- Authority. 2.20. 191 Proclamation of Emergency -- Effective When -- Term. 2 . 20.200 Proclamation of Emergency -- Rules and Regulations -- Powers of Director of Emergency Services. 2 . 20.210 Requisition of Equipment or Personnel. 2 .20.220 Termination of Emergency. 2.20.230 Penalty for Violation. 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 411 of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and 410 affected private persons. 2 .20. 020 Definitions. As used in this Chapter: (a) '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. (b) '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 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 the . combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extra ordinary measures beyond the IIIauthority vested in the California Public Utilities Commission. (c) '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 requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2.20. 025 Disaster Council Established, Membership. The City of Chino Hills Disaster Council is hereby created and established and shall consist of the following individuals: • -2- (1) The City Manager, who shall be the Chair of the • Council; (2) The Coordinator of the Office of Emergency Services, who shall be designated by the City Manager and who shall serve as Vice-Chair of the Council; (3) Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this Chapter; (4) Such representatives of civic, business, labor, veterans, professional, or the organizations having an official emergency responsibility, as may be appointed by the Coordinator of the Office of Emergency Services with the advice and consent of the City Council. 2 .20. 026 Disaster Council Powers and Duties. It shall be the duty of the City of Chino Hills Disaster Council, and it 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. 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. 030 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 emergency management plan of the City. The officers 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 emergency management plan of the City, and to conduct the activities thereof. The plan shall clearly define the roles and responsibilities of the Mayor and City Council. 2.20.040 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; • -3- (b) Upon the declaration by the Governor of the State, or III of persons authorized to act in his/her stead, of a state of emergency affecting and including the City; (c) Upon the declaration of a local emergency by the Board of Supervisors of San Bernardino 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. 050 Director of Emergency Services. The City Manager shall be the Director of Emergency Services. In the City Manager's absence or inability to act, the City Manager shall automatically be succeeded as Director of Emergency Services by the officials and persons named for this purpose, and in the order specified, in the emergency management plan of the City. 2.20.060 Director of Emergency Services - Powers and Duties. The Director of Emergency Services 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; III (b) To request the City Council to proclaim the existence of a local emergency if said Council is in session, or to issue such proclamation if said Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation 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 (14) 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- (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/she 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/she thinks necessary in the execution of his/her 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 herein, the Director of Emergency Services shall have such powers incidental to the performance of his/her duties as shall be necessary to allow him/her to carry out the disaster operations plan of the City, it IIIbeing the intent of this Chapter that the enumerated powers herein are not limitations upon his/her powers. 2 .20. 070 Office of Emergency Services. There is created the City Office of Emergency Services which shall consist of such positions as may be established by the City Manager. 2 .20. 080 Powers of Succession. Each person who shall succeed to each position or office as provided herein, and as provided in the emergency management plan of the City, shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. 2.20.091 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/her within the scope of his/her functions in order to execute the emergency management plan of the City, and the willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2 .20. 100 Line of Succession for Council Members. The line of succession for the position of Mayor during a state of • -5- • 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 Government Code of the State. For Members of the Council elected at the same election, seniority for succession to the office of Mayor shall be by lots drawn by the City Clerk. 2.20. 110 Emergency Operating Centers. Unless exigencies • render the same impossible or unduly hazardous to safety, an emergency operating center shall normally be maintained within . the City, at City Hall. 2.20. 120 Prohibited Acts During Emergencies. It is a criminal act and a misdemeanor for any person during a state of 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, 410 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, or 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 or disaster or civil defense agencies of the federal or state governments. 2 .20. 180 Proclamation of Emergency - Determination - Authority. Whenever riots, general civil disobedience, multiple law violations, or the threat of the same occur in the City, the Director of Emergency Services, or in the event of his/her inability to act, the chief of police, may determine that a local emergency exists. At such time, the Director of Emergency Services shall forthwith proclaim in writing the existence of a state of local emergency. He/she shall cause widespread publicity and notice to 'be given to such proclamation. 2 .20. 191 Proclamation of Emergency - Effective When - 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 • -6- is issued until such time as it is similarly and duly terminated • by the Director of Emergency Services. 2 .20. 200 Proclamation of Emergency - Rules and Regulations - Powers of Director of Emergency Services. After the issuance of a proclamation of local emergency, the Director of Emergency Services 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 said 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 .20.060, the Director of Emergency Services is granted, but shall not be limited to, the following powers: (a) CURFEW. The Director of Emergency Services may order a general curfew applicable to the entire City or such geographical areas thereof as he/she deems necessary to protect the public health, safety, welfare, and morals. 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 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 Director of Emergency Services 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 Director of Emergency Services 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 open to the public on which the consumption of such alcoholic beverages shall be found by the Director of Emergency Services, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The Director of Emergency Services may order that no persons 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; • -7- (e) CLOSED AREAS. The Director of Emergency Services may designate any public street, thoroughfare, or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations of authority vested in the Director of Emergency Services 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. 210 Requisition of Equipment or Personnel. Once a proclamation of emergency is issued, the Director of Emergency Services 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 the protection of life and property, and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment, and personnel necessary for the public use during the term of the emergency. The Director of Emergency Services 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/she determines to be necessary in the execution of his/her 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. 220 Termination of Emergency. Any state of local emergency proclaimed in accordance with the provisions of this Chapter shall terminate after forty-eight (48) hours from the issuance thereof or upon the issuance of a proclamation terminating the emergency by the Director of Emergency Services, whichever occurs first; provided, however, that such emergencies may be extended for additional periods of time as deemed necessary by the Director of Emergency Services. 2 .20.230 Penalty for Violation. 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 1.01.200, et seq. of this Code, and it shall also be unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200, et sea. of this Code for any person during an emergency, to: (a) 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 him/her by virtue of this Chapter. -8- • (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. " SECTION 2. Upon the effective date of this Ordinance, the provisions thereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code or other relevant non-codified San Bernardino County Ordinances as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. SECTION 3 . If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, . subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933 . • -9- PASSED, APPROVED, AND ADOPTED this 10th day of fillMay , 1994 . ,4,161.411 GARY LARSON, MAYOR ATTEST: C: ..,.Dt.✓� LINDA D. RUTH, TY CLERK APPROVED AS TO FORM: earseri\1 6. DIAZ, ASSISTANT CITY ATTORNEY 411 • -10- :11110 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Ordinance 55 was duly introduced for first reading at a regular meeting of the City Council held on the 25th of January 1994, was duly re-introduced as an amended first reading at a regular meeting of the City Council held on the 26th of April, 1994, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 10th day of May, 1994, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY, AND THALMAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE • LINDA D. RUTH, ITY CLERK (SEAL) The foregoing is the original of Ordinance No. 55 duly passed and adopted by the Chino Hills City Council at their May 10, 1994 meeting. LIND�TH, CI CLERK • (SEAL) -11-