2009-35 Emergency Organization & Functions ORDINANCE NO. 2009-35
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE
ADDING CHAPTER 1.10 TO THE
MENIFEE MUNICIPAL CODE RELATING TO
EMERGENCY ORGANIZATION AND FUNCTIONS AND
SUPERSEDING COUNTY ORDINANCES AND
CODE PROVISIONS ON THIS SUBJECT
The CITY COUNCIL OF THE CITY OF MENIFEE 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 emergency functions of
this City with all other public agencies, corporations, organizations and affected private persons.
SECTION 2 Chapter 1.10 is added to the Menifee Municipal Code to read as follows:
CHAPTER 1.10 EMERGENCY ORGANIZATION.
Sections:
1.10.010 Definition
1.10.020 Disaster Council Membership
1.10.030 Disaster Council Powers and Duties
1.10.040 Director and Assistant Director of Emergency Services
1.10.050 Powers and Duties of the Director and Assistant Director of
Emergency Services
1.10.060 Emergency Organization
1.10.070 Emergency Plan
1.10.080 Expenditures
1.10.090 Punishment of Violations
1.10.010 Definition
As used in this 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
conditions resulting from labor controversy, which conditions are or are likely to be beyond the
control of the services, personnel, equipment and facilities of this City, requiring the combined
forces of other political subdivisions to combat.
Ordinance No. 2009-35
Emergency Management
1.10.020 Disaster Council Membership
The City of Menifee Disaster Council is hereby created and shall consist of the following:
(a) The Mayor who shall be Chair.
(b) The Director of Emergency Services who shall be Vice Chair.
(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 Director with the advice and consent of the City Council.
1.10.030 Disaster Council Powers and Duties
It shall be the duty of the City of Menifee Disaster Council, and it is hereby empowered, to
develop and recommend for adoption to 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 the call of the Chair, or upon call of the Vice Chair(in the
absence of the Chair).
1.10.40.1 Director and Assistant Director of Emergency Services
(a) There 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 the Assistant Director of Emergency
Services, who shall be appointed by the Director.
1.10.050 Powers and Duties of the Director and the 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 in session. Whenever a local
emergency is proclaimed by the Director, the City Council shall take action to
ratify the proclamation within seven (7) days thereafter or the proclamation
shall have no further force or effect.
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Ordinance No. 2009-35
Emergency Management
(2) 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 City's emergency organization for the
accomplishment of the purposes of this Ordinance.
(4) Direct cooperation between and coordination of services and staff of the
City's emergency organization; resolve questions of authority and
responsibility that may arise between them.
(5) 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 Secretary
of California Emergency Management, 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 City Council;
(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 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 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 deemed necessary in the execution of 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 the City's
departments or agencies; and
(e) To execute all ordinary power as City Manager, all of the special
powers conferred by this Ordinance or by Resolution or Emergency
Plan pursuant hereto adopted by the City Council, all powers
conferred by any statute, by any agreement approved by the City
Council, 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 duties during an emergency. Such order of succession shall be
approved by the City Council.
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Ordinance No. 2009-35
Emergency Management
(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 the Director.
1.10.060 Emergency Organization
All officers and employees of this City, together with those volunteer forces enrolled to aid
them in an emergency, and all groups, organizations, and persona who may by agreement
or operation of law, including persons impressed into service under the provisions of
1.10.060 (a) of this Ordinance, be charged withy duties incident to the protection of life and
property in this City during such emergency, shall constitute the emergency organization of
the City of Menifee.
1.10.070 Emergency Plan
The City of Menifee Disaster Council shall be responsible for the development of the City's
Emergency Plan, which 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, duties, services, and staff of the emergency organization. Such plan shall take
effect upon adoption by resolution of the City Council.
1.10.080 Expenditures
Any expenditure 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 Menifee.
1.10.090 Punishment of Violations
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
($1,000), or by imprisonment for not to exceed six (6) months, or both, 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 rule or regulation issued pursuant to this Ordinance, or in
the performance of any duty imposed upon him by virtue of this ordinance.
(b) 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 likely to give assistance to the
enemy or imperil the lives of 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.
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Ordinance No. 2009-35
Emergency Management
SECTION 3 REPEAL OF CONFLICTING ORDINANCES
Riverside County Ord. No. 533 is repealed in its entirely.
SECTION 4 EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009, by the
following vote:
AYES: �=, �
NOES:
ABSENT:7lb4U->
ABSTAIN: Yi a
Wallace W. Edgerton, Mayor
ATTEST:
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Kathy Bennett
City Clerk
Approved as to form:
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Elizabeth Martyn 11
City Attorney
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