CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

ADMINISTRATION AND PERSONNEL

Chapter 2.56

EMERGENCY SERVICES

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	2.56.010	Purpose.
	2.56.020	Emergency defined.
	2.56.030	Disaster council created --Membership.
	2.56.040	Disaster council --Powers and duties.
	2.56.050	Incident commander of emergency services--Office created--Powers and duties.
	2.56.060	Incident commander-- Emergency power.
	2.56.070	Emergency organization.
	2.56.080	Emergency operations plan.
	2.56.090	Local emergency -- Proclamation--Mutual aid--Orders and regulations.
	2.56.100	Local emergency --Continuity of local government--Standby officers.
	2.56.110	Local emergency --Governing body and standby officers--Appointment of temporary officers if unavailable.
	2.56.120	Expenditures.
	2.56.130	Punishment of violations.

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2.56. 010 Purpose.

The purpose of this chapter is to provide for the preparation and execution 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 emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Prior code § 8-1)

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2.56. 020 Emergency defined.

As used in this chapter, "emergency" means 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, and which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, and require the combined forces of other political subdivisions to combat. (Prior code § 8-2)

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2.56. 030 Disaster council created--Membership.

The Hermosa Beach disaster council is created and shall consist of the following:

A. The mayor, who shall be chairman;

B. The city manager, who shall be the director of emergency services, who shall be vice-chairman;

C. Representatives of emergency services serving the city as provided for by resolution under this chapter and approved by the city council;

D. Such representatives of civic, business, labor, veteran, professional or other organizations having official emergency responsibilities, as may be appointed by the director with the advice and consent of the city council. (Prior code § 8-3)

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2.56. 040 Disaster council--Powers and duties.

It shall be the duty of the Hermosa Beach disaster council, and it is empowered, to review, 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 call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Prior code § 8-4)

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2.56. 050 Incident commander of emergency services--Office created--Powers and duties.

There is created the office of incident commander of emergency services. The city manager shall be the incident commander, however, if the city manager is absent, the mayor shall be the incident commander. The incident commander is empowered to:

A. Request the mayor or, if the mayor is unavailable or unable to act, the mayor pro tempore to proclaim the existence of a local emergency or to proclaim said emergency himself if neither the mayor nor mayor pro tempore is available or able to act;

B. Request the governor to proclaim a state of emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the emergency;

C. Control and direct the efforts of the emergency organization of this city for the accomplishment of the purposes of this chapter;

D. Direct coordination and cooperation of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (Ord. 95-1127, 1995; prior code § 8-5)

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2.56. 060 Incident commander--Emergency power.

After the declaration 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 incident commander is 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 city council;

B. To proclaim a curfew, specify its terms and conditions, and terminate it. Such curfew regulations must be confirmed at the earliest practicable time by the city council;

C. To obtain vital supplies, equipment and such other properties 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;

D. 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 in which this city is located 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;

E. To requisition necessary personnel or material of any city department or agency;

F. To exercise the powers conferred on him by this chapter or by resolution adopted under this chapter, powers conferred on him by statute, by agreement approved by the city council, or by other lawful authority, and in conformity with Section 38791 of the State Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by constitution and general laws.

Note: The declaration of an emergency affects the exercise of many city powers, duties and functions; for example: Public bidding requirements (Public Contract Code, Section 20168; Government Code, Section 4410; Military and Veterans Code, Section 147); the appointment of additional police officers (Government Code, Section 38631); the holding of council meetings (Government Code, Section 54954), and emergency powers to expend funds (Government Code, Section 53019). (Prior code § 8-6)

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2.56. 070 Emergency organization.

All 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 Section 2.56.060(D) of this chapter, and thereby 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.

The city council shall implement this chapter by the adoption of a resolution setting forth the form of organization, the assignment of functions and duties, and the agencies responsible therefor. Insofar as practicable, the form of organization, titles and terminology shall conform to the recommendations of the emergency preparedness and disaster agencies of the federal government and the state of California. (Prior code § 8-7)

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2.56. 080 Emergency operations plan.

The Hermosa Beach disaster council shall be responsible for the review, development and recommendation for adoption by the city council of the emergency operations plan of the city. Such plan shall provide for the effective mobilization of all 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 resolution of the city council. (Prior code § 8-8)

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2.56. 090 Local emergency-- Proclamation--Mutual aid--Orders and regulations.

A local emergency may be proclaimed by the city council or by an official designated by this chapter. Whenever a local emergency is proclaimed by an official designated by ordinance the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the city council. The city council shall review, at least every fourteen (14) days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

In periods of local emergency, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements therefor.

During a local emergency, the city council, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders, regulations, amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. (Prior code § 8-9)

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2.56. 100 Local emergency--Continuity of local government--Standby officers.

Whenever a local emergency, a state of emergency, or a state of war emergency exists, the city council shall meet as soon as possible. The place of meeting may be called by the mayor or by a majority of the council members. Should there be only one member of the city council, that member may call and hold said meeting and perform acts necessary to reconstitute the governing body.

A. To provide for the continuance of the legislative and executive departments of the city during a local emergency, a state of emergency, or a state of war emergency, the city council shall have the power to appoint the following standby officers:

1. Three for each member of the city council;
2. Three for the city manager.

B. In case a standby office becomes vacant because of removal, death, resignation or other cause, the city council shall have the power to appoint another person to fill said office.

C. The city council may provide for the succession of officers who head departments having duties in the maintenance of law and order or in the furnishing of public services relating to health and safety.

D. An examination of the prospective appointee's qualifications as a standby officer may be made by the city council if the prospective appointee fully consents to such an examination.

E. Consideration shall be given to places of residence and work so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a political subdivision other than that to which they are appointed as standby officers.

F. Each standby officer shall take the oath of office required for the officer occupying the office for which he stands by. Persons appointed as standby officers shall serve in their posts as standby officers at the pleasure of the city council and may be removed and replaced at any time with or without cause.

G. Each standby officer shall have the following duties:

1. To inform himself of the duties of the office for which he stands by. Officers and employees of the city shall assist him and shall provide each standby officer with a copy of this chapter;
2. To keep informed of the business and affairs of the city to the extent necessary to enable him to fill his post completely. For this purpose the city council may arrange information meetings and require attendance. (Prior code § 8-10)

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2.56. 110 Local emergency--Governing body and standby officers--Appointment of temporary officers if unavailable.

Should all members of the governing body, including all standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a standby member becomes available or until the election or appointment of a new regular or standby member. Temporary officers shall be appointed as follows:

A. By the chairman of the board of supervisors of the county in which the city is located; and

B. If he is unavailable, by the chairman of the board of supervisors of any other county within one hundred fifty (150) miles of the city, beginning with the nearest and most populated county and going to the farthest and least populated; and

C. If he is unavailable, by the mayor of any city within one hundred fifty (150) miles, beginning with the nearest and most populated city and going to the farthest and least populated. (Prior code § 8-11)

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2.56. 120 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. (Prior code § 8-12)

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2.56. 130 Punishment of violations.

It shall be a misdemeanor, punishable as defined in Chapter 1.12 of this code, for any person, during an emergency, to:

A. Wilfully 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 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 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. (Prior code § 8-13)

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