Sec. 6-3. - Disaster council created; membership.
Sec. 6-4. - Disaster council officers, rules, and meetings.
Sec. 6-5. - Disaster council powers and duties.
Sec. 6-6. - Director and assistant director of emergency services.
Sec. 6-7. - Powers and duties of the director and assistant director of emergency services.
Sec. 6-8. - Emergency organization.
Sec. 6-11. - Punishment of violations.
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 this county in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this county with the cities in this county and with all other public agencies, corporations, organizations, and affected private persons.
(Ord. No. 361, § 1, 2-25-75)
(a)
As used in this chapter, "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 county 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 are likely to be beyond the control of the services, personnel, equipment, and facilities of this county, requiring the combined forces of other political subdivisions to combat.
(b)
As used in this chapter, "Kings Area" includes the City of Avenal, the City of Corcoran, the City of Hanford, the City of Lemoore, and the unincorporated area of the county.
(Ord. No. 416, § 1, 6-15-82)
Sec. 6-3. - Disaster council created; membership.
The Kings Area Disaster Council is hereby created and shall consist of the following:
(a)
One member of the board of supervisors of the county, to be appointed by and to serve at the pleasure of the board of supervisors.
(b)
The assistant director of emergency services (emergency services coordinator) of the County of Kings.
(c)
One member of the city council of the City of Avenal to be appointed by and to serve at the pleasure of said council.
(d)
One member of the city council of the City of Corcoran to be appointed by and to serve at the pleasure of said city council.
(e)
One member of the city council of the City of Hanford to be appointed by and to serve at the pleasure of said city council.
(f)
One member of the city council of the City of Lemoore to be appointed by and to serve at the pleasure of said city council.
(g)
The county administrative officer.
(h)
The director of emergency services of the City of Avenal; or, if no director has been appointed, the city manager of the City of Avenal in lieu thereof.
(i)
The director of emergency services of the City of Corcoran; or, if no director has been appointed, the city manager of the City of Corcoran in lieu thereof.
(j)
The director of emergency services of the City of Hanford; or, if no director has been appointed, the city manager of the City of Hanford in lieu thereof.
(k)
The director of emergency services of the City of Lemoore; or, if no director has been appointed, the city manager of the City of Lemoore in lieu thereof.
(l)
One member at large to be appointed by the other members of the Kings Area Disaster Council.
(Ord. No. 361, § 1, 2-25-75; Ord. No. 416, § 2, 6-15-82)
Sec. 6-4. - Disaster council officers, rules, and meetings.
The member of the board of supervisors selected to serve on the Kings Area Disaster Council shall serve as chairman, and the members shall elect a vice chairman and such other officers as they deem necessary. They shall prescribe their own rules of procedure. The disaster council shall meet upon call of the chairman or, in his absence from the county or inability to call such a meeting, upon call of the vice chairman or a majority of the membership.
(Ord. No. 361, § 1, 2-25-75)
Sec. 6-5. - Disaster council powers and duties.
It shall be the duty of the Kings Area Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the board of supervisors of the County of Kings and the city councils of the Cities of Avenal, Corcoran, Hanford, and Lemoore, 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.
(Ord. No. 361, § 1, 2-25-75; Ord. No. 416, § 3, 6-15-82)
Sec. 6-6. - Director and assistant director of emergency services.
(a)
There is hereby created the office of director of emergency services. The member of the board of supervisors selected to serve on the Kings Area Disaster Council 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 board of supervisors.
(Ord. No. 361, § 1, 2-25-75)
Sec. 6-7. - Powers and duties of the director and assistant director of emergency services.
(A)
The director is hereby empowered to:
(1)
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 session. 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.
(2)
Recommend that the chairman of the board of supervisors request the governor to proclaim a "state of emergency" or, in the event the chairman of the board of supervisors is designated as director, request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency.
(3)
Control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter.
(4)
Direct cooperation between and coordination of services and staff of the emergency organization of this county; and resolve questions of authority and responsibility that may arise between them.
(5)
Represent this county 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 director is hereby empowered:
(a)
To 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)
To 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)
To require emergency services of any county officer or employee 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 this 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)
To requisition necessary personnel or material of any county department or agency; and
(e)
To execute all of his ordinary power as a member of the board of supervisors, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the board of supervisors, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority.
(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 perform his duties during an emergency. Such order of succession shall be approved by the board of supervisors.
(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 county; and shall have such other powers and duties as may be assigned by the director.
(Ord. No. 361, § 1, 2-25-75)
Sec. 6-8. - Emergency organization.
All officers and employees of this 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 6-7.(A)(6)(c) of this chapter, be 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 of Kings.
(Ord. No. 361, § 1, 2-25-75)
The Kings Area Disaster Council shall be responsible for the development of the County of Kings Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this 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. No. 361, § 1, 2-25-75)
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 County of Kings.
(Ord. No. 361, § 1, 2-25-75)
Sec. 6-11. - Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local 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 ordinance, or in the performance of any duty imposed upon him by virtue of this chapter.
(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 county, 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.
(Ord. No. 361, § 1, 2-25-75)
If any provision of this chapter 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 chapter are declared to be severable.
(Ord. No. 361, § 1, 2-25-75)
FOOTNOTE(S):
(10) Editor's note— Ord. No. 361, § 1, enacted Feb. 25, 1975, repealed Ch. 6, §§ 6-1—6-10, relative to civil defense and disaster relief, and enacted in lieu thereof a new Ch. 6, §§ 6-1—6-12, as herein set out. Former Ch. 6 was derived from Ord. No. 261, § 1, adopted Nov. 20, 1962. (Back)