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State of war emergency means 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. 4-1.04 Director and Assistant Director of Emergency Services. (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. (b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. 4-1.05 Powers and duties of the Director and Assistant Director of Emergency Services. 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. (a) The Director of Emergency Services or acting Director (if the Director is unavailable) is hereby empowered: (1)To request the City Council to proclaim the existence or threatened existence of a"local emergency" if the governing body 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) days thereafter or the proclamation shall have no further force or effect. (2) To request that the Governor through appropriate channels proclaim a state of emergency when,in the opinion of the Director,Assistant Director or acting Director,the resources of the Town are inadequate to cope with an emergency; (3)To represent or provide representation of the Town in all dealings with public or private agencies pertaining to civil preparedness in the event of an emergency. (4) Control and direct the effort of this emergency organization for the accomplishment of the purposes of this chapter. (5) Direct cooperation between and coordination of services and staff of this emergency organization; and resolve questions of authority and responsibility that may arise between them. (b) The Assistant Director shall, under the supervision of the Director and with the assistance of Disaster Council representatives, prepare emergency plans and manage the emergency programs of this jurisdiction; and shall have such other powers and duties as may be assigned by the Director. (c) 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 the California Office of-Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered to: (1) Make and issue rules and regulations on matters reasonably related to the protection of life,property and environment as affected by the emergency;provided,however,that the rules and regulations must be confirmed at the earliest practicable time by the City Council; Ordinance 565 Page 2