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HomeMy WebLinkAbout87-10 - Amending Chapter 2.20 Pertaining to Emergency Services and Proclamations0 ORDINANCE NO. 87 -10 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 2.20 PERTAINING TO EMERGENCY SERVICES AND PROCLAMATIONS The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: The provisions of Section 2.20 are amended in the Newport Beach Municipal Code to read as follows: 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. 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. -I- Section 2.20.030 Emergency Council - Menders. 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 City Manager, who shall be vice chairman; (C) The Police Chief, who shall be the assistant director of emergency services; (D) 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 chairman, upon the call of the vice chairman, if the chairman consents, is absent from the City, or otherwise unable to call the meeting. 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 ordinance or by state law. The Emergency Council shall periodically review the plan and propose, to the City Council, changes which will insure the maximum effectiveness of the • plan. The plan shall be considered supplementary to this -2- chapter, but shall have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed. Section 2.20.060 Director and Assistant Director of Emergency Services - Powers and Duties. • The Director and Assistant Director of Emergency Services shall have the following powers and duties: (1) 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 (7) days after issuance of the proclamation. (2) 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. (3) Control and direct the efforts of the emergency organization of the City to accomplish the purposes of this chapter. (4) 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. (5) Represent the emergency organization of the City in all dealings with public or private agencies pertaining to emergencies as defined in this chapter. (6) 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 -3- 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 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 wide - spread 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 (7) 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 (7) days after issuance. Prior to confirmation and ratification, the Director or Assistant -4- 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. • To (C) 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 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 officer of Director of Emergency 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 -5- 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. 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 toe (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 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 Severabilit If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not • declared invalid or unconstitutional without regard to whether a portion of the ordinance would be subsequently declared invalid -6- 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 toe (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 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 Severabilit If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not • declared invalid or unconstitutional without regard to whether a portion of the ordinance would be subsequently declared invalid -6- or unconstitutional. Section 2: All other provisions of Chapter 9.04 shall remain in full force and effect. • Section 3: 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 within fifteen (15) days after its adoption. 0 • Section 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May , 1987, and adopted on the 26th day of May , 1987, by the following vote, to -wit: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCI1MEMBERS Strauss -7-