HomeMy WebLinkAbout03 - Emergency Services - NBMC 2.20Council Agenda
April 9, 2002
Item No. 3
To: Mayor and Members of the City Council
From: Timothy Riley, Fire Chief
Subject: Proposed Amendments to Municipal Code Ordinance 2.20:
Emergency Services Ordinance
The California Standardized Emergency Management System requires the use of
standard terminology in the preparation, response and recovery from major emergencies.
Standard terminology prevents uncertainties and communication difficulties. In
reviewing the Emergency Management Plan, it was found that Municipal Code
Ordinance 2.20 does not reflect the standard terminology used by cities for emergency
management in respect to the titles "Director of Emergency Operations" and "Assistant
Director of Emergency Operations."
Changing both titles to reflect the standard, "Director of Emergency Services" and
"Assistant Director of Emergency Services" will reduce confusion during disaster
situations. When an emergency occurs, the use of standard titles recognized by assisting
agencies will be extremely valuable.
Introduce Ordinance No. 2002- and pass to second reading on April 23, 2002.
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
AMENDING SECTION 2.20._ OF CHAPTER 2.20
OF TITLE 2 THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO EMERGENCY SERVICES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code Section 2.20 is amended to read, in full, as follows:
Chapter 2.20
EMERGENCY SERVICES*
Sections:
2.20.00E
Prior history note for Chapter 2.20.
2.20.010
Purpose.
2.20.020
Emergency Defined.
2.20.030
Emergency Council -- Members.
2.20.040
Emergency Council Powers.
2.20.050
Emergency Operations Plan.
2.20.060
Director and Assistant Director of Emergency Aperatiens
Services -- Powers and Duties.
2.20.070
Director -- Assistant Director -- Emergency Powers.
2.20.080
Emergency Organization.
2.20.090
Expenditures.
2.20.100
Violation.
2.20.110
Severability
Section 2.20.00E Prior history note for Chapter 2.20.
* Prior code history: 1949 Code §§ 2502 - -2508 as amended by Ords. 637,
Section 2.20.010 Purpose.
The purpose of this chapter is to provide for the preparation and implementation
of plans to provide services within this City in the event of an emergency, to
empower certain City officials to promulgate orders and regulations necessary to
provide for the protection of life and property or to preserve public order and
safety, and to provide for the coordination of the emergency service functions of
this City with all other public agencies and affected private persons, corporations,
and organizations.
Page 1 of 7
Section 2.20.020 Emergency Defined.
As used in this chapter, 'local emergency" or "emergency" means the actual or
threatened existence of conditions of disaster or of extreme peril to the safety of
persons and property within the City caused by such conditions as air pollution,
fire, flood, storm, tsunami, drought, sudden and severe energy shortage, plant or
animal infestation or disease, the Governor's warning of an earthquake or
volcanic eruption, riot, or other conditions, except those resulting from a labor
controversy, which are, or are likely to be, beyond the control of the services,
personnel, equipment and facilities of the City, and the control of which requires
the combined forces of this City with other political subdivisions
Section 2.20.030 Emergency Council- Wembers.
The City of Newport Beach Emergency Council is hereby created and shall
consist of the following members:
A. The Mayor, who shall be chairman, or in his or her absence, the Mayor
Pro Tempore;
B. The remaining members of the City Council;
C. Other officers and employees of the City of Newport Beach, and
representatives of civic, business, labor, veterans, professional, or other
organizations within the community, as may be designated as members
by the emergency operations plan.
Section 2.20.040 Emergency Council — Powers.
The Emergency Council is empowered to review, and recommend for adoption
by the City Council, emergency and mutual aid plans and agreements and such
ordinances, resolutions, rules, and regulations as are necessary to implement
these plans and agreements, and to perform such other functions as may be
designated in the emergency operations plan. The Emergency Council shall
meet upon call of the Mayor or in his or her absence the Mayor Pro Tempore or
the City Manager.
Section 2.20.050 Emergency Operations Plan.
The City Council shall adopt an emergency operations plan. The plan shall
provide for the effective mobilization of all of the resources of the City, both public
and private, to meet any condition constituting a local emergency, state of
emergency, or state of war emergency as those terms are defined in this chapter
or by state law. The Emergency Council shall periodically review the plan and
propose, to the City Council, changes which will insure the maximum
Page 2 of 7
effectiveness of the plan. The plan shall be considered supplementary to this
chapter, but shall have the effect of law whenever an emergency, as provided in
this chapter, has been proclaimed.
SECTION 1 : Section 2.20.110 of Chapter 2.20 is amended to read as follows:
Section 2.20.060 Director and Assistant Director of Emergency
Operatiens Services -- Powers and Duties.
The Director of Emergency Operations Services, who shall be the City Manager,
and Assistant Director of Emergency Operations Services, who shall be
appointed by the Director shall have the following powers and duties:
A. Request the City Council proclaim the existence or threatened existence
of a local emergency, and the termination thereof, if the Council is in
session. The Director or Assistant Director may issue such a proclamation
if the Council is not in session, and in such event, the City Council shall
take action to ratify the proclamation at the earliest practicable time, but in
no event more than seven days after issuance of the proclamation;
B. Request the Governor proclaim a state of emergency when, in the opinion
of the Director or Assistant Director, resources available locally are
inadequate to cope with the emergency;
C. Control and direct the efforts of the emergency organization of the City to
accomplish the purposes of this chapter;
D. Direct cooperation between, and coordination of, the services and staff of
the emergency organization of the City and resolve questions of authority
and responsibility that may arise between them;
E. Represent the emergency organization of the City in all dealings with
public or private agencies pertaining to emergencies as defined in this
chapter;
F. Prepare and maintain, on a current basis, the emergency operations plan
as provided, and described, in this chapter, and submit the plan to the City
Council for approval.
Section 2.20.070 Director -- Assistant Director -- Emergency Powers.
In the event of the proclamation of a local emergency, the proclamation of a state
of emergency by the President, Governor, or State Director of Office of
Emergency Services, the Director is empowered, within limitations specified in
the City Charter, to do the following:
A. Make, issue, and enforce rules, orders or regulations reasonably related to
Page 3 of 7
the protection of life and /or property, or the preservation of public order
and safety. These rules, orders and regulations shall include, but not be
limited to, any one or more of the following:
1. An order imposing a curfew within the entire City, or designated
boundaries. The order imposing the curfew shall prohibit the presence of
any person on any public highway, sidewalk or place, and may prohibit
presence in any outdoor place, public or private,
2. An order prohibiting access to, travel along, or egress from any public or
private street, highway or road within the City,
3. An order prohibiting or restricting the sale of alcoholic beverages in or
from any business in all or a portion of the City;
B. All rules, orders and regulations made and issued pursuant to this chapter,
and any amendment or rescission thereof, shall be in writing and given
widespread publicity and notice. No rule, order or regulation issued
pursuant to this chapter shall be effective unless and until widespread
publicity and notice have been given, and, in the case of any curfew order,
such order shall not be effective until notice of the curfew order has been
given within the boundaries of the area subject to the curfew by mobile
sound trucks or vehicles equipped with public announcement systems.
Rules, orders and regulations issued pursuant to this chapter shall remain
in effect for the period specified in the declaration of emergency, but no
rule, order or regulation shall remain in effect for more than seven days
unless confirmed and ratified by the City Council. All rules, orders and
regulations issued pursuant to this chapter shall be ratified and confirmed
at the earliest practicable time by the City Council, but in no event shall
confirmation and ratification occur more than seven days after issuance.
Prior to confirmation and ratification, the Director or Assistant Director
shall provide the City Council with the written emergency proclamation, all
other related documents, and a report explaining the facts and
circumstances which prompted the emergency proclamation and issuance
of emergency rules, orders and regulations;
C. To obtain vital services, supplies, equipment and such other properties as
are found lacking and needed for the protection of the life and property of
the people, bind the City to pay fair market value for the goods and
services, and if required immediately, to commandeer the same for public
use;
D. To require emergency services of any City officer or employee, and to
requisition the necessary City material, and in the event of the
proclamation of extreme emergency by the Governor, in the region in
which this City is located, to request the aid of as many citizens of this
Page 4 of 7
community as the Governor deems necessary in the execution of these
duties. Such person shall be entitled to all privileges, benefits and
immunities as provided by state law for registered emergency services
and disaster workers and volunteers;
E. Exercise all ordinary powers of the City Manager, as well as all special
powers conferred upon the Manager by this chapter, by any provision of
state or local law, by any agreement approved by the City Council, by the
emergency operations plan then in effect, or special power vested in City
by any other lawful authority;
F. Designate the order of succession to the office of Director of Emergency
9pefatiens Services to take effect in the event the Director, and Assistant
Director, are unavailable to take appropriate action pursuant to the
provisions of this chapter. The order of succession shall be approved by
the City Council and shall be specified in the emergency operations plan.
Section 2.20.080 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 be charged with duties
incident to the protection of life and property in this City during an emergency,
including persons pressed into service under the provisions of Section 2.20.070
of this chapter, shall constitute the Emergency Organization of the City of
Newport Beach.
Section 2.20.090 Expenditures.
Any expenditures made in connection with the provision of emergency services,
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 Newport
Beach.
Section 2.20.100 Violation.
It shall be a misdemeanor punishable as provided in Section 1.04.010 of the
Municipal Code of the City of Newport Beach, for any person during an
emergency to:
A. Willfully obstruct, hinder, or delay any member of the Emergency
Organization in the enforcement of any lawful order, rule or regulation
issued pursuant to this chapter, or in the performance of any duty imposed
upon the member by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to
Page 5 of 7
this chapter, 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 lawful authority, any means of identification
specified by the emergency agency of the State of California or the City of
Newport Beach.
Section 2.20.110
If any section, subsection, sentence, clause or phrase of this chapter is, for any
reason, held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this chapter. The City Council hereby declares that it would have
passed the ordinance codified in this chapter and each and every section,
subsection, sentence, clause or phrase not declared invalid or unconstitutional
without regard to whether a portion of invalid or the ordinance codified in this
chapter would be subsequently declared invalid or unconstitutional.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
once in the official newspaper of the City, and it shall be effective thirty (30) days
after its adoption.
SECTION: 3 This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2002,
and adopted on the _ day of 2002, _ by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Page 6 of 7
ATTEST:
CITY CLERK
Page 7 of 7