HomeMy WebLinkAbout420 ORDINANCE NO. 420
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS AMENDING CHAPTER 1 (EMERGENCY SERVICES)
OF TITLE 4 (PUBLIC SAFETY) OF THE LOS ALTOS HILLS
MUNICIPAL CODE
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to
amend the Emergency Services provisions of the Municipal Code in order to take
advantage of the California Emergency Services Act (CESA), Gov. Code Section 8550,
et seq.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does
ORDAIN as follows:
1. AMENDMENT OF CODE. Chapter 1 (Emergency Services) of Title 4
(Public Safety) of the Municipal Code of the Town of Los Altos Hills is amended in its
entirety and replaced with Chapter 1(Emergency Organization and Protection),
consisting of Sections 4-1.01 through 4-1.09, as follows:
Chapter 1
Emergency Organization and Protection
Sec. 4.1.01 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
the Town in the event of an emergency, and to provide for the coordination of the
emergency services of the Town with all other public agencies and affected private
persons, corporations and organizations. Any expenditures made in connection with
such 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 Town.
Sec. 4.1.02 Definitions.
(a) "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 Town caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, earthquake, acts of terrorism, or other conditions including
conditions resulting from war or imminent threat of war.
(b) "Emergency Services" means the preparation and carrying
out of all emergency functions, other than functions for which the military forces are
primarily responsible, to prevent, minimize, and repair injury and damage resulting from
disaster. It shall not include preparation for any conditions relating to a labor
controversy.
(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 the Town, in the absence of a duly proclaimed State of War
Emergency or State of Emergency, caused by such conditions as air pollution, fire,
CMocuments and Settings\pdowdlLocal Settings\Temporary Internet Fi1esk0LK2F1\emerg1.ord.doc
1
flood, storm, epidemic, riot, drought, acts of terrorism, sudden and severe energy
shortage, plant or animal infestation or disease, the Governor's warning of an
earthquake or volcanic prediction, or earthquake or other conditions which are, or are
likely to be, beyond the control of the services, personnel, equipment and facilities of the
Town and require the combined forces of other public agencies to combat, or with
respect to regulated energy utilities, a sudden and severe energy shortage which
requires extraordinary measure beyond the authority vested in the California Public
Utilities Commission. "Local emergency" does not include, nor does any provision of
this Chapter apply to any conditions resulting from a labor controversy.
(d) "Plan" means the Town's emergency plan for response to an
Emergency which shall incorporate the Standard Emergency Management System
("SEMS"). This Plan shall be effective upon the filing of the Plan with, and the
acceptance thereof by, the City Council, all as more particularly set forth in 4.1-05
(Emergency Preparedness Committee; Duties), below. The Plan shall provide
operational concepts relating to various emergency situations, identify components of
the Town area and county emergency management organization and describe the
overall responsibilities of the Town for protecting life and property. The Plan shall also
identify the sources of outside support which might be provided (through mutual aid and
specific statutory authorities) by other jurisdictions, state and federal agencies, and the
private sector.
(e) "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, acts of terrorism, sudden and severe energy shortage, plant or animal
infestation or disease, the Governor's warning of an earthquake or volcanic prediction,
or earthquake or other conditions, which conditions, by reason of their 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 which requires extraordinary measure beyond
the authority vested in the California Public Utilities Commission. "State of Emergency"
does not include, nor does any provision of this Chapter apply to, any conditions
resulting form a labor controversy or conditions causing a "State of War Emergency."
(f) "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 a state
of a warning from the federal government indicating that such .an enemy attack is
probable or imminent
Sec. 4-1.03 Director of Emergency Services; Declaration of Local
Emergency .
(a) The City Manager shall be the Director of Emergency
Services. The Planning Director shall hold the office of Assistant Director of Emergency
Services. In the event the Planning Director is unavailable to serve, the Mayor shall
serve as the acting Director of Emergency Services. In the event of the absence or
inability of the Mayor to act, the following persons shall serve as acting Director of
Emergency Services in successive order: the Mayor Pro Tem, the most recent past
Mayor, the remaining councilmembers in order of seniority. The Director of Emergency
CADocuments and Settings\pdowdlLocal Settings7emporary Internet Files\OLIQF1\emerg1.ord.doc
2
Services or the Assistant or acting Director (if the Director is unavailable) is hereby
empowered:
(1) To proclaim the existence or threatened existence of
a Local Emergency and/or the termination thereof,
subject to confirmation by the City Council at the
earliest practicable time;
(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.
(b) The Director, Assistant Director or acting Director of
Emergency Services shall have the City Council confirm the proclamation of the
existence of a Local Emergency and the termination thereof. If the City Council is not in
session, the mayor, or the mayor's successor, as set forth in this Code, shall confirm
the proclamation of Local Emergency, subject to confirmation by the City Council at the
earliest practicable time and in no event later than seven (7) days after such
confirmation.
Sec. 4-1.04 Director of Emergency Services — Powers and Duties in the
Event of Emergency.
(a) In the event of a "State of War Emergency," "State of
Emergency" or "Local Emergency" as provided in this Chapter, or the proclamation of a
State of Emergency or a State of War Emergency by the Governor, County Manager, or
the Director of the State Office of Emergency Services, the Director of Emergency
Services, when specifically directed by the Town Mayor, or the Mayor's successor is
empowered to:
(4) Make and issue rules and regulations on matters
reasonably related to the protection of life and
property as affected by the Emergency; provided,
however, that the rules and regulations must 'be
confirmed at the earliest practicable time by the City
Council;
(5) obtain vital supplies, equipment and other properties
found lacking and needed for the protection of the life
and property of the people, and bind the Town for the
fair value thereof and if required immediately, to
commandeer the vital supplies, equipment and other
properties for public use;
(6) require emergency services of any Town officer or
employee and, in the event of the proclamation of a
State of War Emergency or a State of Emergency by
the Governor in the region in which this Town is
CADocuments and SettingslpdowdlLocal Settings\Temporary Internet Files101-UNkemergl.ord.doc
3
•
located, to command the aid of as many citizens of
this community as are deemed necessary in the
execution of his or her duties;
(7) requisition necessary personnel or material of any
Town department or agency;
(8) execute all of the powers conferred by this Chapter or
by resolution adopted pursuant hereto, and all powers
conferred upon the Director by any statute,
agreement approved by the City Council, or by any
other lawful authority, and in conformity with Section
38791 of the Government Code, to exercise all
necessary authority over the Town and to exercise
police powers vested in the Town by the Constitution
and general laws.
(b) The Director of Emergency Services shall represent the
Town of Los Altos Hills in all dealings with public or private agencies pertaining to the
Emergency or emergencies in general.
Sec. 4-1.05 Emergency Preparedness Committee; Duties.
(a) The Town of Los Altos Hills shall convene an Emergency
Preparedness Committee which shall consist of not less than five (5) nor more than nine
(9) members, as follows:
(1) The Director of Emergency Services, the Planning
Director, the City Engineer and the Administrative
Services Director; and
(2) Four (4) to eight (8) of the Emergency
Communications and Information and Safety
Committee members.
(b) The Emergency Preparedness Committee shall prepare and
maintain, on a current basis, the Plan, as defined in this Chapter, to be known as the
"Town of Los Altos Hills Emergency Plan," which shall incorporate the provisions of
SEMS. The Plan shall be effective upon the filing of the Plan with, and the acceptance
thereof by, the City Council.
(c) The Director of Emergency Services shall advise the
Emergency Preparedness Committee with regard to the preparation and maintenance
of the Plan and implement the Plan in whole or in part at such times of a Local
Emergency.
Sec. 4-1.07 Preservation of Local Government During and Emergency;
Succession.
In order to preserve local government during an Emergency, the
City Council shall meet as soon as possible, ascertain the damage incurred as a result
of the Emergency, fill vacancies and/or appoint temporary officers, all as prescribed by
California Gov. Code Sections 8635 - 8643.
CADocuments and Settings\pdowdll.ocal Settingffemporary Internet Files\OLK2F1\emerg1.ord.doc
4
Sec. 4-1.08 Emergency Organization and Duties Prescribed by Resolution.
Any emergency organization and/or duties beyond those provided
in this Chapter may be designated in a manner to be prescribed by resolution of the City
Council.
Sect. 4-1.09 Violation - Penalty.
(a) Any person, firm or corporation violating any of the
provisions of this Chapter is guilty of a misdemeanor, and each such person, firm, or
corporation is guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this Chapter is committed,
continued or permitted, and upon conviction of any such violation such person, firm, or
corporation shall be punishable by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment for not more than six (6) months, or by both such fine
and imprisonment.
(b) No person, firm, or corporation shall, during a period of
emergency:
(1) Willfully obstruct, hinder or delay the performance of
any duty imposed by this Chapter;
(2) do any act forbidden by any lawful rule or regulation
issued pursuant to this Chapter or imperil the lives or
property of the inhabitants of this Town, or prevent,
hinder or delay the defense or protection thereof;
(3) wear, carry or display, without authority, any means of
identification specified by any emergency agency of
the state, county or Town.
2. ENVIRONMENTAL REVIEW. This ordinance is not a project under the
California Environmental Quality Act since it has no potential for resulting in a physical
change in the environment.
3. EFFECTIVE DATE; POSTING. This ordinance shall become effective
thirty (30) days from the date of its passage, and shall be posted within the Town of Los
Altos Hills in three (3) public places.
INTRODUCED: February 7 , 2002
PASSED: February 21, 2002
AYES: Mayor Casey and Councilmembers Cheng, Fenwick and O'Malley
I
NOES: None
ABSTENTIONS: None
ABSENT: Councilmember Finn
B
Mayor
CADocuments and Settings\pdowdlLocal SettingsWemporary Internet Filesk0LK2F1\emerg1.ord.doc
5
ATTEST
City Clerk
APPROVED AS TO FORM:
,
City Att mey
C:\Documents and Settings\pdowdlLocal SettingsVemporary Internet Files10LK2F1\emerg1.crd.doc
6