HomeMy WebLinkAbout3296ORDINANCE NO. 3296
AN ORDINANCE PROVIDING FOR THE PREPARATION AND EXECUTION OF
EMERGENCY SERVICES DISASTER PLAN FOR BUTTE COUNTY; PROVIDING FOR
COORDINATION OF CIVIL DISASTER FUNCTIONS OF THE COUNTY OF BUTTE,
THE CITIES OF CHICO, OROVILLE, GRIDLEY, BIGGS AND THE TOWN OF
PARADISE, AND OTHER PUBLIC AGENCIES WITHIN SAID COUNTY; PROVIDING
A PENALTY FOR VIOLATIONS THEREOF; AND AMENDING SECTIONS 8-1
THROUGH 8-12 OF, AND ADDING SECTION 8-13 TO, THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte does ordain as follows:
1. That Sections 8-1 through 8-11 of the Butte County Code are amended to read as follows:
SECTION 8-1. PURPOSES. The declared purposes of this Chapter aze to provide for the
preparation and execution of plans for the protection of persons, the environment, and property
within the County of Butte in the event of an emergency, the direction of the Emergency Services
Organization and the coordination of the emergency functions of the County of Butte with the cities
of Chico, Oroville, Gridley, Biggs and the Town of Paradise and all other affected public agencies,
corporations, organizations and private persons within the County of Butte.
SECTION 8-2. DEFINITIONS. For the purposes of this Chapter, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
{a} Butte County Operational Area. The unincorporated areas of the County of Butte and the
incorporated areas of the cities of Chico, Oroville, Gridley, Biggs and the Town of Paradise.
{b) Cities. The cities of Chico, Oroville, Gridley, Biggs and the Town of Paradise.
{c) Civil Defense. The preparation for the carrying out of all emergency functions, other than
functions for which the military forces aze primazily responsible, to prevent and minimize
injury and damage resulting from disasters.
(d} Local Emergency. The duly proclaimed existence of disaster or of extreme peril to the safety
of persons, the environment, and property within the territorial limits of the County of Butte,
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake,
hazardous materials or other conditions, other than conditions resulting from a labor
controversy, which conditions are, or are likely to be, beyond the control of the services,
personnel, equipment and facilities of the County of Butte and require the combined forces
of other political subdivisions to combat.
(e) National Plan. The national plan for civil defense promulgated by the President of the
United States for implementation in the event of a national disaster.
(f) Service Chief. Any person who has been appointed in accordance with this chapter, and who
controls and directs individuals or employees performing emergency functions such as law
enforcement, fire, medical and health, emergency welfare, and other public services in the
protection of life and property within the Butte County Operational Area.
(g) State Emergency Plan. The California Emergency Plan as approved by the Governor.
Included with the State Emergency Plan is the Standardized Emergency Management System
(SEMS) as defined in section 8607 of the California Government Code.
{h) State of Emergency. When duly proclaimed by the Governor or the Diurector of the Office
of Emergency Services, the existence of conditions of disaster or of extreme peril to the
safety of persons, the environment, and property within the State, caused by such conditions
as afar pollution, fire, flood, storm, epidemic, riot, earthquake, hazardous materials or other
conditions, other than conditions resulting from a labor controversy or conditions causing a
"state of war emergency", which conditions, by reason of their magnitude, are or are likely
to be beyond the control of the services, personnel, equipment, and facilities of any single
county, city and county, or city, and require the combined forces of a mutual aid region ar
regions to combat.
(1~ State of War Emer enc . The condition which exists immediately, with or without a
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proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy
of the United States, or upon receipt by the State of a warning from the federal government
indicating that such an enemy attack is probable or imminent.
SECTION S-3. EMERGENCY SERVICES COUNCIL MEMBERSHIP. The Butte County
Emergency Services Council is hereby created and shall consist of the following:
{a) Two (2) members of the Butte County Board of Supervisors, one of whom shall be the Chair
of the Board of Supervisors who shall serve as Chair of the Emergency Services Council, and
one of whom shall be the Vice-Chair of the Board of Supervisors who shall serve as Vice-
Chair of the Emergency Services Council.
(b) The Mayor of each city or town in the County, or Council Member selected by the Mayor of
each city or town.
(c) The Butte County Operational Area law-enforcement mutual-aid coordinator. This
position is usually held by, but not limited to, the Butte County Sheriff.
(d) The Butte County Operational Area fire mutual-aid coordinator. This position is usually
held by, but not limited to, the Butte County Fire Warden.
(e) The Chief Administrative Officer of the County of Butte and the City Manager or other
administrative employee of each city or town, as determined by each City Council, who shall
serve as an ex-officio member of the Emergency Services Council without vote.
{f) The Butte County Emergency Services Officer, who shall serve as anon-voting member of
the Emergency Services Council.
{g) The Butte County Superintendent of Schools, who shall serve as an ex~officio member of the
Emergency Services Council without vote.
SECTION 8-4. EMERGENCY SERVICES COUNCII. POWERS AND DUTIES. It shall
be the duty of the Butte County Emergency Services Council, and it is hereby empowered, to review
and recommend for adoption by the Board of Supervisors 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 members of the Emergency Services Council shall elect
such officers, other than the Chair and Vice-Chair, as they deem necessary and they shall prescribe
their own rules of procedure. The Emergency Services Council shall meet upon call of the Chair or,
in his or her absence from the County or inability to call such a meeting, upon the call of the Vice-
Chair.
SECTION 8-5. DIRECTOR OF BUTTE COUNTY EMERGENCY SERVICES; POWERS
AND DUTIES AND LINE OF SUCCESSION. There is hereby created a position of Butte County
Director of Emergency Services. The Director shall be the Chair of the Butte County Board of
Supervisors.
The Director is hereby empowered:
(a} To request the Board of Supervisors to proclaim the existence or threatened existence of a
"local emergency" and the termination thereof. If the Board of Supervisors is not in session,
the Director may issue such a proclamation; provided, however, that such a proclamation
issued by the Director shall not remain in effect for a period in excess of seven (7) days
unless it is ratified by the Board of Supervisors.
(b) With the approval of the Emergency Services Council, to request the Governor to proclaim
a "state of emergency" when, in the opinion of the Council the resources of the area or region
are inadequate to cope with the emergency.
(c) To control and direct civil defense and emergency service activities and efforts for the
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accomplishment of the purposes of this Chapter.
(d) To direct coordination and cooperation between divisions, services and staff of the
emergency services organization of this County and to resolve questions of authority and
responsibility that may arise between them.
{e) To represent the emergency services organization in all dealings with public or private
agencies pertaining to civil defense and disaster.
(f) To appoint Service Cheifs subject to the approval of the Emergency Services Council;
provided, however, the Service Cheifs so appointed shall, insofar as possible, be employees
who hold regular administrative positions with appropriate governmental agencies.
(g} Prescribe in writing the duties of any assistants provided and the duties of chiefs of services,
in conformance with the Butte County Emergency Plan. Such duties may be changed from
time to time by the Director, particularly for the purposes of conforming to recommendations
of the Director of the California Governor's Office of Emergency Services or the Federal
Emergency Management Agency.
{h) The Vice-Chair of the Board of Supervisors, in the absence of the Director, shall have the
same powers and authority as the Director under emergency conditions.
{i) The County Chief Administrative Officer, in the absence of the Director and the Vice-Chair
of the Board of Supervisors, shall have the same powers and authority as the Director under
emergency conditions. The Chief Administrative Officer shall establish an order of
succession for his or her position thereafter, for the purposes of fulfilling the powers and
duties of the Director.
SECTYON S-6. DISASTER AND EMERGENCY POWERS OF THE DIRECTOR. Tn the
event of the proclamation of a "local emergency" as herein provided, or the proclamation of a "state
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of emergency" by the Governor or the Director of the California Governor's Office of Emergency
Services, or the existence of a "state of war emergency", the Director is hereby empowered:
(a} To make and issue rules and regulations ors matters reasonably related to the protection of
life, the environment, and property as affected by such emergency; provided, however, such
rules and regulations must be confirmed at the earliest practicable time by the Board of
Supervisors.
(b) To obtain vital supplies, equipment and such other properties found lacking and needed far
the protection of life, the environment, and property and to bind the County for the fair value
thereof and, if required immediately, to commandeer the same for public use.
{c} To require emergency services of any County offzcer or employee and, in the event of the
proclamation of a "state of emergency" in the County or the existence of a "state of war
emergency", to command the aid of as many citizens of the County of Butte as deemed
necessary in the execution of his or her 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 any County department or agency.
(e) To execute all of his or her ordinary powers as Chair of the Board of Supervisors, all of the
special powers conferred upon him or herby this chapter or by resolution or emergency plan
adopted pursuant to this chapter by the Board of Supervisors, all powers conferred upon him
or her by any statute, by any agreement approved by the Board ~f Supervisors, and by any
other lawful authority.
SECTION 8-7. BUTTE COUNTY EMERGENCY SERVICES OFFICER; POWERS AND
DUTIES. There is hereby created the position of Butte County Emergency Services Officer. The
individual so selected shall be responsible to the Chief Administrative Officer for the day-to-day
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management of the emergency services program, and responsible to the Director during emergency
situations.
His or her powers and duties are:
(a) To coordinate the activities of all emergency services both in pre-emergency planning, during
an emergency, and inpost-emergency activities by functioning as the chief staff officer to the
Director, Butte County Emergency Services.
(b} To serve as anon-voting member of the Emergency Services Council.
(c} To organize and develop the Butte County Emergency Services program.
(d) To carry out any of the duties delegated by the Director.
(e) To administer the regular off ce staff of the Butte County Office of Emergency Services.
(f) To prepare an annual budget.
(g) To prepare and maintain the basic emergency plan for Butte County and to submit such plan
to the Emergency Services Council for approval. Such plan shall be consistent with the State
and national plans. Such County emergency plan shall provide for the effective mobilization
of all the resources of the County, both public and private, to meet any condition constituting
a local emergency, state of emergency, pr state of war emergency and shall provide for the
organization, powers and duties, services, and staff of the emergency organization.
(h) To assist Service Chiefs in the preparation of service annexes, and to make recommendations
thereon to the Emergency Services Council.
(17 To submit a Butte County program annually and progress reports at least semi-annually to
the California Governor's Office of Emergency Services.
(j} To prepare and submit all civil defense reports required by the civil defense agencies of the
Federal government and the State of California.
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(k} To review and approve or disapprove applications of several jurisdictions within the Butte
County Operational Area participating in the federal contributions and surplus property
programs, and to maintain inventories of such equipment. Those cities and towns and special
districts desiring to carry out their own programs in this regard shall do so.
(1) To develop emergency operation plans and capabilities in such areas as are not normally a
function of any particular department of the County or cities of Chico, Oroville, Gridley,
Biggs, and the Town of Paradise, and to make recommendations regarding such plans to the
Emergency Services Council.
SECTION 8~8. EMERGENCY SERVICES ORGANIZATION. All officers and employees
of the County of Butte, 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 iaw,
including persons impressed into service under the provisions of section 8-6 of this Chapter, be
charged with duties incident to the protection of life and property during such emergency shall
constitute the Butte County Emergency Services Organization and shall accept and discharge such
duties and responsibilities as they maybe assigned.
SECTION 8-9. DIVISIONS SERVICES AND STAFF OF THE BUTTE COUNTY
EMERGENCY SERVICES ORGANIZATION. The functions and duties of the Butte County
Emergency Services Organization shall be distributed among such divisions, services and special
staff as the Butte County Emergency Services Council shall prescribe by resolution, subject to the
approval of the Board of Supervisors.
SECTION 8-I0. PROHIBITED ACTS; PENALTY. It shall be a nvsdemeanor, punishable
by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six
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{G} months, or both, for any person during a state of war emergency, state of emergency or local
emergency:
(a) .Willfully to obstruct, hinder or delay any member of the Butte County Emergency Services
Organization in the enforcement of any lawful rule or regulation issued pursuant to this
Chapter, or in the performance of any duty imposed upon such person by virtue of this
Chapter;
(b) Ta do any act forbidden by lawful rules or regulations issued pursuant to this Chapter, if such
act is of such a nature as to give, ar likely to give, assistance to the enemy, or to imperil the
lives or property of inhabitants of the County of Butte, or to prevent, hinder, or delay the
defense ar protection thereof.
{c) To wear, carry ar display without authority any means of identification specified by the
emergency agency of the State or by the County of Butte for use by the Emergency Services
Organization.
SECTION 8-11. EXPENSE. 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 County of Butte.
SECTION 8-I2. SEVERABILTTY. ~ any provision of this Chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Chapter are declared to be severable.
SECTION 8-i3. REPEAL OF PREVIOUS ORDINANCES. In approval of this ordinance,
all previous versions of Chapter 8 are hereby repealed.
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This ordinance shall take effect thirty {30) days after the date of its adoption, and before the
expiration of fifteen (15} days after its passage, it shall be published with the names of the members
voting for and against the same, once, in a newspaper published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this ~ day of Dec 1996, by the following vote:
A'Y'ES; Supervisors Meyer, Do7.an, Houx, Thomas and Chair McLaughlin
NOES: None
ABSENT: None
NOT VOTING: None
C
ED McLAUGHLIN, Chai f the
Board of Supervisors
ATTEST:
70HN BLACKLOCK, Chief Administrative Officer and
Clerk of the Board of Supervisors
By:
Deputy
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c,-
off'
:Date- 12/I6f/9b
Board Action: Date 12/10!96
Minute .Order No.
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Ordinance Na. 3296 -~ Emergency Services Disaster Phan