ORD 048 ORDINANCE NO. 48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.20 OF
THE LA QUINTA MUNICIPAL CODE PROVIDING FOR THE
ADMINISTRATION OF DISASTER OPERATIONS AND RELIEF
IN THE CITY OF LA QUINTA.
The city council of the City of La Quinta, California, does
ordain as follows:
SECTION 1. Chapter 2.20 of the La Quinta Municipal Code
hereby is amended to read as follows:
Chapter 2.20
DISASTER RELIEF
Sections:
2.20.010 General purposes.
2.20.020 Definitions.
2.20.030 Disaster council.
' 2.20.040 Disaster council--Composition.
2.20.050 Disaster council--Powers.
2.20.060 Disaster preparedness functions.
2.20.070 Emergency corps.
2.20.080 Local emergency--Declaration--Termination.
2.20.090 Emergency corps--Commander.
2.20.100 Commander--Authority and powers.
2.20.110 City council--Orders and regulations.
2.20.120 Preservation of local government.
2.20.130 Privileges and immunities.
2.20.140 Penalties.
2.20.010 General purposes. 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 the City of La
Quinta in the event of the emergency conditions hereinafter referred
to; the direction of the disaster organization and the coordination
of the disaster functions of the City of La Quinta with the County of
Riverside and with all other public agencies, corporations, organiza-
tions and affected private persons.
2.20.020 Definitions. A. As used in this chapter, the terms
emergency or disaster 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, 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, regular personnel, equipment and facilities
of the city and which may require the combined forces of other
political jurisdictions to combat.
B. Other terms used herein shall have meanings as used in
the California Emergency Services Act.
2.20,030 Disaster council. It shall be the duty of the La
Quinta disaster council, and it is hereby empowered, to cause to be
developed and recommended 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 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
a meeting, upon the call of the vice-chairman.
2.20,040 Disaster council--Composition. The City of La Quinta
disaster council consists of the following persons:
A. The mayor, who shall act as its chairman;
B. The city manager;
C. The community safety coordinator;
D. The city engineer;
E. The planning director;
F. The building official; and
G. The assistant to the city manager.
2.20,050 Disaster council--Powers. The disaster council shall
have power to:
A. Elect a vice-chairman and such other officers as it may
deem necessary;
B. Enact its own rules and procedures;
C. Review and recommend for adoption by the city council
disaster and mutual aid plans and agreements.
2.20,060 Disaster preparedness functions.
A. Pre-disaster preparedness functions as described in joint
powers agreement for the City of La Quinta will be accomplished by
the Riverside County office of disaster preparedness under contract
to the city.
B. The services to be provided by the County office of disaster
preparedness includes but is not limited to preparation of general
plan, annexes thereto and communications planning reports.
2.20.070 Emergency corps. The City of La Quinta emergency
corps shall be activated and shall function as a disaster relief
body only:
A. Upon the existence of a "state of war" emergency;
B. Upon the declaration by the Governor of the State of
California, or of persons authorized to act in his stead, of a
"state of emergency", affecting and including the City of La Quinta;
C. Upon the declaration of a "local emergency" by the city
council of the City of La Quinta, or by persons herein authorized
to act in its stead;
D. When affirmative response is made to the County of Riverside
to join in a "local emergency" declared by the county.
2.20,080 Local emergency--Declaration--Termination.
A. A "local emergency" may be declared for good and sufficient
reason by the city council or, if the city council is not in session,
by:
1. Any member of the city council acting individually;
2. City Manager;
' ~ 3. Chief of police;
4. Fire chief;
5. Acting city manager.
Whenever a "local emergency" is proclaimed by other than the city
council, the city council shall take action to ratify the proclama-
tion within seven (7) days thereafter or the proclamation shall have
no further force or effect.
B. 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 the conditions
warrant.
2.20.0'90 Emergency corps--Commander. The city manager shall be
the emergency corps commander. In the absence or inability of the
city manager to act, he shall automatically be succeeded as emergency
corps commander by the following officials in the order named:
A. Community Safety Coordinator;
B. Acting city manager.
2.20,100 Commander--Authority and powers. A. During a declared
emergency affecting the City of La Quinta, the emergency corps
commander shall, to the extent he deems necessary, have complete
_ authority over all agencies of the city government and the right to
exercise within the area designated all police powers vested in the
city by the Constitution and laws of the State of California in order
to effectuate the purpose of this chapter. He may direct all agencies
of the city government to utilize and employ city personnel, equipment
and facilities for the performance of any and all activities designed
to prevent or alleviate actual or threatened damage due to the emergency.
Any agency so directed by the emergency corps commander may expend any
of the monies which have been appropriated to it in performing such
activities irrespective of the particular purpose for which the money
was appropriated. Any expenditures made in connection with emergency
activities, including mutual aid activities, shall be deemed conclu-
sively to be for the direct protection and benefit of the inhabitants
and property of the City of La Quinta. The city council may reimburse
any city agency for funds expended during emergency operations. How-
ever, reimbursements will be made to any city agency for expenditures
incurred if the funds of that department are subject to Constitutional
restrictions which would normally prohibit their use for such purposes.
B. In addition to the powers granted herein, the emergency
corps commander shall have such powers incidental to the performance
of his duties as said commander as may be necessary to allow him to
carry out the emergency operations plan of the City of La Quinta, it
being the intent that the enumerated powers herein are not intended
to be limitations upon his powers.
2.20.110 City council--Orders and regulations. A. During the
_ existence of a declared emergency affecting the City of La Quinta,
the city council shall be considered to be in continuous session.
3
- B. During a "declared emergency," the city council may prom-
ulgate orders and regulations necessary to provide for the protec-
tion 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 and regulations shall be
in writing and shall be given widespread publicity and notice.
2.20,120 Preservation of local government. During the
existence of a war emergency, law and order must be preserved and
insofar as possible, government services continued or restored.
This can best be done by civil government. To provide for the
continuance of the legislative branch of the city, each councilmember
shall have the authority to nominate for approval by the full council
three individuals as his standby. Standby officers shall be designated
1, 2 and 3 as the case may be. Their duties shall be to fill the post
to which appointed in the order designated during a war emergency
when, for any reason, the regular councilmember is unavailable. He
shall serve until the regular councilmember becomes available.
Standby councilmembers, however, are not in the line of succession
as emergency corps commander.
2.20.130 Privileges and immunities. A. The city shall not be
liable for any claim based upon the exercise or performance or the
failure to exercise or perform a discretionary function or duty on
the part of any employee of the city.
B. Volunteers duly registered with the city disaster council
or unregistered persons duly pressed into service during any
declared emergency affecting the City of La Quinta, in carrying
out, complying with or attempting to comply with any order or
regulation issued pursuant to the provisions of this chapter while
performing any of their authorized functions or duties shall have
the same degree of responsibility for their actions and enjoy the
same immunities as officers and employees of the City of La Quinta.
2.20,140 Penalties. It shall be a misdemeanor and shall be
punishable by a fine of not more than five hundred dollars or by
imprisonment for not more than six months, or both, for any person
during a disaster:
A. To willfully obstruct, hinder or delay any member of the
City of La Quinta emergency corps in the enforcement of any lawful
rule, regulation or order issued pursuant to this chapter or in
the performance of any duty imposed upon them by virtue of this
chapter;
B. To do any act forbidden by any lawful rule, regulation or
order 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 life or property or to prevent, hinder or delay the
defense or protection of persons or property;
C. To wear, carry or display without authority any means of
identification specified by the civil defense and/or disaster
agency of the federal or state government.
SECTION 2. SEVERABILITY. If any provision of this ordinance
or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such
provision to other persons or circumstances shall not be affected
thereby.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after passage.
SECTION 4. POSTING. The City Clerk shall within 15 days
after the passage of this ordinance, cause it to be posted in at
least the 3 public places designated by resolution of the City
Council; shall certify to the adoption and posting of this
ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of
ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting
of the City Council held on the 7thday of February , 1984, by
the following vote:
AYES: Council Members Allen, Henderson, Wolff and Mayor Baier.
N 0 E S: None.
ABSENT: Council Member Cox.
YOR
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 48 which was adopted at a
regular meeting held on the 7th day of February
1984, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
City of La Quinta, california