Ord 47ORDINANCE NO. 4 7
ORDINANCE OF THE CITY OF POWAY
RELATING TO EMERGENCY ORGANIZATION
AND FUNCTIONS
THE cITy COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1. Purposes. The declared purposes of this Ordinance are
to provide for the preparation and carrying out of plans for the protection
of persons and property within this City in the event of an emergency; the
direction of the emergency organization; and the coordination of the emer-
qency functions of this City with ~11 other public agencies, corporations,
organizations, and affected private persons.
SECTION 2. Definition. As used in the Ordinance, 'emergency' shall
mean the actual or threatened existence of conditions of disaster or of extreme
peril to the safety of persons and property within this City caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake,
or other conditions, including conditions resulting from war or imminent
threat of war, but other than conditions resulting from a labor controversy,
which conditions are or likely to be beyond the control of the services, per-
sonnel, equipment, and facilities of this City, requiring the combined forces
of other political subdivisions to combat.
SECTION 3. Disaster CouncilMembersh±p. The Poway Disaster Council
is hereby created and shall consist of the following:
A. The Mayor, who shall be chairman.
B. The Director of Emergency Services, who shall be vice
chairman.
C. The Assistant Director of Emergency Services.
D. Such chiefs of emergency services as are provided for in a
current emergency plan of this City, adopted pursuant to
this Ordinance.
E. Such representatives of civic, business, labor, veterans,
professional, or other organizations having an official
emergency responsibility, as may be appointed by the Direc-
tor with the advise and consent of the City Council.
SECTION 4. Disaster Council Powers and Duties. It shall be the
duty of the Poway 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 regula-
tions as are ~ecessary to implement such plans and agreements. The Disaster
Counci~ shall~meet upon call of the Chairman or, in his absence from the City
os inability t~ call such meeting, upon call of the Vice Chairman. '
SECTION 5. Director and Assistant Director of Emergency Services.
A. ~here 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.
Ordinance No. 47
Page 2
SECTION 6. Powers and Duties of the Director and Assistant
Director of Emergency Services.
A. The Director is hereby empowered to:
(1) Request the City Council to proclaim the existence or
threatened existence of a "local emergency" if the City Council
is in session, or to issue such proclamation if the City Council
is not ~n session. Whenever a local emergency is proclaimed by
the Director, the City Council shall take action to ratify the
proclamation Within seven (17~ days thereafter or the proclamation
shall have no further force or effect.
(~ Request the Governor to proclaim a "state of emergency"
when, in the opinion of the Director, the locally available
resources are ~nadequate to cope with the emergency.
[3~ Control and direct the effort of the emergency organization
of this City for the accomplishment of the purposes of this Ordi-
nance.
(4~ Direct cooperation between the coordination of services and
staff of the emergency organization of this City; and resolve ques-
tions 'of authority and responsibility that may arise between them.
~51 Represent this City in all dealings with public or private
agencies on matters pertaining to emergencies as defined herein.
~6~ 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 Director of the State Office of Emergency
Services, or the existence of a ~state of war emergency~ the Direc-
tor is hereby empowered:
(~1 To make and issue rules and regulations of 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 City Coun-
cil;
(b~ To obtain vital supplies, equipment, and such other pro-
perties found lacking and needed for the protection of life and
property and to bind the City for the fair value thereof and, if
required immediately, to commandeer the same for public use;
(c) To require emergency services of any City Officer or
employee and, in the event of the proclamation of a "state of
emergency" in the County of San Diego in which this City is loca-
ted or the existence of a "state of war emergency", to command the
aid of as many citizens of this community 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;
(~ To requisition necessary personnel or materials of any
city department or agency; and
(e~ To execute all of his ordinary power as City Manager, all
of the special powers conferred upon him by this ordinance or by
resolution or emergency plan pursuant hereto adopted by the City
Council, all powers conferred upon him by any statute, by any agree-
ment approved by the City Council, and by any other lawful authority.
Ordinance No. 47
Page 3
B. The Director of Emergency Services shall designate the
order of succession to that office, to take effect in the event
the Director is unavailable to attend meetings and otherwise per-
form his duties during an emergency. Such order of succession
shall be approved by the City Council.
C. The Assistant Director shall, under the supervision of the
Director and with the assistance of Emergency Service Chiefs,
develop emergency plans and manage the emergency programs of this
City; and shall have such other powers and duties as may be
assigned by t~e Director.
SECTION 7. Emergency Organization. Ail officers and employees
of this City, 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 Sec. 6.A. ~6](c) of this Ordinance, be charged with
duties incident to the protection of life and property in this City during
such emergency, shall constitute the emergency organization of the City of
Poway.
SECTION 8. Emergency Plan. The Poway Disaster Council shali be
responsible for the development of the city of Poway's Emergency Plan, which
plan shall provide for the effective mobilization of all of the resources
of this-City, 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 reso-
lution of the city Council.
SECTION 9. Expenditures. Any expenditures made in connection with
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 City of Poway.
SECTION 10. Punishment of Violations. It shall be a misdemeanor,
punishable by a fine of not to exceed five hundred dollars ~$500}, or by
imprisonment for not to exceed six (16] months, or both, for any person,
during an emergency, to:
ao
Willfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regula-
tion issued pursuant to this Ordinance, or in the performance
of any duty imposed upon him by virtue of this Ordinance.
Do any act forbidden by any lawful rule or regulation issued
pursuant to this Ordinance, 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 identi-
fication specified by the emergency agency of the State.
47
Ordinance No.
Page 4
SECTION 11. Repeal of Conflicting Ordinances.
SECTION 12. Effective Date. This Ordinance shall become effective
thirty (~)days from and after its passage.
SECTION 13. Severability. If any provision of this Ordinance or
the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications, and to this
end the provisions of this ordinance are declared to be severable.
Introduced and first read at a regular meeting of the City Council
of the City of Poway held the 3rd day of November , 1981
and thereafter PASSED and ADOPTED at a regular meeting of said City Council
held the 10th day of November , 1981 by the following vote:
AYES:
NAYS:
COUNCILMEMBERS: Oravec, Rexrode,
& Emery
COUNCILMEMBERS: None
Shepardson, Tarzy
ABSENT: COUNC ILMEF~ERS: N o n e
City Mayor.~.~'
ATTEST:
~it~ C ler~