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Ordinance No. X002
4 AN ORDINANCE OF THE COUNTY OF BUTTE
5 AMENDING CHAPTER $ OF THE BUTTE COUNTY CODE
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RELATIlVG TO EMERGENCY SERVICES
8 The Board of Supervisors of the County of Butte ordains as follows:
9 Section 1. Sections 8-1 through 8-11 of the Butte County Code are amended to read as
10 follows:
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12 8-1 Purposes.
13 The declared purposes of this chapter are to provide for the preparation and execution of plans
14 for the protection of persons, the environment, and property within the County of Butte in the
15 event of an emergency, the direction of the emergency management organization and the
16 coordination of the emergency functions of the County of Butte with the Cities of Chico,
17 Oroville, Gridley, Biggs and the Town of Paradise and all other affected public agencies,
18 corporations, organizations and private persons within the County of Butte.
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20 8-2 Definitions.
21 For the purposes of this chapter, the following words and phrases shall have the meaning
22 respectively ascribed to them by this section:
23 (a) Butte County Operational Area. The unincorporated areas of the County of Butte and the
24 incorporated areas of the Cities of Chico, Oroville, Gridley, Biggs and the Town of Paradise.
25 (b) Cities. The Cities of Chico, Oroville, Gridley, Biggs and the Town of Paradise.
26 (c) Civil defense. The preparation for the carrying out of all emergency functions, other than
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1 functions for which the military forces are primarily responsible, to prevent and minimize injury
2 and damage resulting from disasters.
3 (d) Local emergency. The duly proclaimed existence of disaster or of extreme peril to the
4 safety of persons, the environment, and property within the territorial limits of the County of
5 Butte, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake,
6 hazardous materials or other conditions, other than conditions resulting from a labor
7 controversy, which conditions are, or are likely to be, beyond the control of the services,
8 personnel, equipment and facilities of the County of Butte and require the combined forces of
9 other political subdivisions to combat.
10 (e) National Response Framework. The National Response Framework is a guide to how the
11 nation conducts all-hazards response. It is built upon scalable, flexible, and adaptable
12 coordinating structures to align key roles and responsibilities across the nation. It describes
13 specific authorities and best practices for managing incidents that range from serious but
14 purely focal, to large-scale terrorist attacks or catastrophic natural disasters.
1~ (f) Service chief. Any person who has been appointed in accordance with this chapter, and
16 who controls and directs individuals or employees performing emergency functions such as law
17 enforcement, fire, medical and health, emergency welfare, and other public services in the
18 protection of life and property within the Butte County Operational Area.
19 (g) State emergency plan. The California Emergency Plan as approved by the governor.
20 Included with the state emergency plan is the Standardized Emergency Management System
21 (BEMs) as defined in section 86D7 of the California Government Code.
22 (h) State of emergency. When duly proclaimed by the governor or the Secretary of the
23 California Emergency Management Agency, the existence of conditions of disaster or of
24 extreme peril to the safety of persons, the environment, and property within the state, caused
25 by such conditions as air pollutian, fire, flood, storm, epidemic, riot, earthquake, hazardous
26 materials or other conditions, other than conditions resulting from a labor controversy ar
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1 conditions causing a "state of war emergency," which condi#ions, by reason of their magnitude,
2 are or are likely to be beyond the control of the services, personnel, equipment, and facilities of
3 any single county, city and county, or city, and require the combined forces of a mutual aid
4 region or regions to combat.
5 (i} State of war emergency. The condition which exists immediately, with or without a
6 proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of
7 the United States, or upon receipt by the state of a warning from the federal government
8 indica#ing that such an enemy attack is probable or imminent.
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10 8-3 Disaster council membership.
11 The Butte County Disaster Council is hereby created and shall consist of the following:
12 {a) Two (2) members of the Butte Caunty Board of Supervisors, one of whom shall be the chair
13 of the board of supervisors who shall serve as the chair of the disaster council ,and one of
14 whom shall be the vice chair of the board supervisors who shall serve as vice-chair of the
15 disaster council.
16 {b) The mayor of each city or town in the county, or council member selected by the mayor of
1 ~ each city or town.
18 (c} The Butte County Operational Area law-enforcement mutual-aid coordinator. This position
19 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
21 by, but not limited to, the Butte County Fire Chief.
22 (e) The chief administrative officer of the County of Butte and the city manager or other
23 administrative employee of each city or town, as determined by each city councl, who shall
24 serve as an ex-officio member of the disaster council without vote.
~~ {f) The Butte County Emergency Services Officer, who shall serve as a non-vo#ing member of
26 the disaster council.
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1 (g) The Butte County Superintendent of Schools, who shall serve as an ex-officio member of
2 the disaster council without vote.
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4 8-4 Disaster council powers and duties.
5 It shall be the duty of the Butte County Disas#er Council, and it is hereby empowered, to review
6 and recommend for adoption by the board of supervisors emergency and mutual aid plans and
7 agreements and such ordinances and resolutions and rules and regulations as are necessary
8 to implement such plans and agreements. The members of the disaster council shall elect
9 such officers, other than the chair and vice-chair, as #hey deem necessary and they shall
IO prescribe their own rules of procedure. The disaster council shall meet upon call of the chair or,
I 1 in his or her absence from the county or inability to call such a meeting, upon the call of the
IZ vice-chair.
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I4 8-5 Director of Butte County Office of Emergency Management; powers and duties and line of
IS succession.
Id There is hereby created a position of Butte County Director of Emergency Management. The
I7 director shall be the chair of the Butte County Board of Supervisors. The director is hereby
I8 empowered:
I9 (a) To request the board of supervisors to proclaim the existence or threatened existence of a
2~ "local emergency" and the termination thereof. If the board of supervisors is not in session, the
2I 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
23 ratified by the board of supervisors.
24 (b) To request the governor to proclaim a "state of emergency" when, in the opinion of the
25 director the resources of the area or region are inadequate to cope with the emergency.
26 (c) To control and direct civil defense and emergency management activities and efforts for the
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1 accomplishment of the purposes of this chapter.
2 (d) To direct coordination and cooperation between divisions, services and staff of the
3 emergency management organization of this county and to resolve questions of authority and
4 responsibility that may arise between them.
5 (e) To represent the emergency management organization in all dealings with public or private
b agencies pertaining to civil defense and disaster.
7 (#~ To appoint service chiefs subject to the approval of the disaster council; provided, however,
8 the service chiefs so appointed shall, insofar as possible, be employees who hold regular
9 administrative positions with appropriate governmental agencies.
14 (g) Prescribe in writing the duties of any assistants provided and the duties of chiefs of
11 services, in conformance with the Butte County Emergency Plan. Such duties may be changed
12 from time to time by the secretary, particularly for the purposes of conforming to
13 recommendations of the Secretary of the California Emergency Management Agency or the
14 Administrator of the Federal Emergency Management Agency.
t5 (h) The vice-chair of the board of supervisors, in the absence of the director, shall have the
16 same powers and authority as the director under emergency conditions.
17 (i) The county chiefi administrative officer, in the absence of the director and the vice-chair ofi
t8 the board of supervisors, shall have the same powers and authority as the director under
19 emergency conditions. The chief administrative officer shall establish an order of succession
24 for his or her position thereafter, for the purposes of fulfilling the powers and duties of the
21 director.
22 8-6 Disaster and emergency powers of the director.
23 In the event of the proclamation of a "local emergency" as herein provided, or the proclamation
24 of a "state of emergency" by the governor or the Secretary of the California Emergency
25 Management Agency, or the existence of a "state of war emergency," the director is hereby
26 empowered:
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1 (a) To make and issue rules and regulations on matters reasonably related to the protection of
2 life, the environment, and property as affected by such emergency; provided, however, such
3 rules and regulations must be confirmed at the earliest practicable time by the board of
4 supervisors.
5 (b) To obtain vital supplies, equipment and such other properties found lacking and needed for
6 the protection of life, the environment, and property and to bind the county for the fair value
7 thereof and, if required immediately, to commandeer the same far public use.
8 (c) To require emergency services of any county officer or employee and, in the event of the
9 proclamation of a "state of emergency" in the county or the existence of a "state of war
10 emergency," #o command the aid of as many citizens of the County of Butte as deemed
11 necessary in the execution of his or her duties; such persons shall be entitled to all privileges,
12 benefits and immunities as are provided by state law for registered disaster service workers.
13 (d) To requisition necessary personnel or material of any county department or agency.
14 (e) To execute all of his or her ordinary powers as chair of the board of supervisors, all of the
15 special powers conferred upon him or her by this chapter or by resolution or emergency plan
16 adopted pursuant to this chapter by the board of supervisors, all powers conferred upon him or
17 her by any statute, by any agreement approved by the board of supervisors, and by any other
18 lawful authority.
19 $-7 Butte County Emergency Services Officer; powers and duties.
20 There is hereby created the position of Butte County Emergency Services Officer. The
21 individual so selected shall be responsible to the chief administrative officer for the day-to-day
?2 management of the emergency management program and responsible to the direc#or during
23 emergency situations. His or her powers and duties are:
24 (a) Ta coordinate the activities of all emergency services both in pre-emergency planning,
25 during an emergency, and in post-emergency activities by functioning as the chief staff officer
26 to the director, Butte County Office of Emergency Management.
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1 (b) To serve as anon-voting member of the disaster council.
2 (c} To organize and develop the Butte County Emergency Management program.
3 (d) To carry out any of the duties delegated by the director.
4 (e) To administer the regular office staff of the Butte County Office of Emergency
5 Management.
6 (f) To prepare an annual budget for the Office of Emergency Management.
7 (g) To prepare and maintain the basic emergency plan far Butte County and to submit such
S plan to the disaster council for approval. Such plan shall be consistent with the state and
9 national plans. Such county emergency plan shall provide for the effective mobilization of all
10 the resources of the county, both public and private, to meet any condition constituting a local
11 emergency, state of emergency, or state of war emergency and shall provide for the
12 organization, powers and duties, services, and staff of the emergency organization.
13 (h} To assist service chiefs in the preparation of service annexes, and to make
14 recommendations thereon to the disaster council.
15 (i} To prepare and submit all civil defense reports required by the civil defense agencies of the
16 federal government and the State of California.
17 (j) To review and approve or disapprove applications of several jurisdictions within the Butte
18 County Operational Area participating in the federal contributions and surplus property
19 programs, and to maintain inventories of such equipment. Those cities and towns and special
20 districts desiring to carry out their own programs in this regard shall do so.
21 (k} To develop emergency operation plans and capabilities in such areas as are not normally a
22 function of any particular department of the county or cities of Chico, Oroville, Gridley, Biggs,
23 and the Town of Paradise, and to make recommendations regarding such plans to the disaster
24 council.
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26 g_g Emergency management organization.
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1 All officers and employees of the County of Butte, togetherwith those volunteerforces enrolled
2 to aid them during an emergency, and all groups, organizations and persons who may by
3 agreement or operation of law, including persons impressed into service under the provisions
4 of section 8-6 of this chapter, be charged with duties incident to the protection of life and
5 property during such emergency shall constitute the Butte County Emergency Management
6 Organization and shall accept and discharge such duties and responsibilities as they may be
7 assigned.
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9 8-9 Divisions, services and staff of the Butte County Emergency Management Organization.
10 The functions and duties of the Butte County Emergency Management Organization shall be
11 distributed among such divisions, services and special staff as the Butte County Disaster
12 Council shall prescribe by resolution, subject to the approval of the board of supervisors.
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t4 8-10 Prohibited acts; penalty.
15 It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
16 {$1,000.00), or by imprisonment for not to exceed six {6) months, or both, for any person
17 during a state of war emergency, state of emergency or local emergency:
18 (a) Willfully to obstruct, hinder or delay any member of the Butte County Emergency
T9 Management Organization in the enforcement of any lawful rule or regulation issued pursuant
20 to this chap#er, or in the performance of any duty imposed upon such person by virtue of this
~1 chapter;
2~ (b) To do any act forbidden by (awful rules or regulations issued pursuant to this chapter, if
23 such act is of such a nature as to give, or likely to give, assistance to the enemy, or to imperil
24 the lives or property of inhabitants of the County of Butte, or to prevent, hinder, or delay the
2S defense or protection thereof.
2b (c) To wear, carry or display without authority any means of identifcation specified by the
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1 emergency agency of the state or by the County of Butte for use by the emergency
2 management organization.
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~ 8-11 Expense.
5 Any expenditures made in connection with emergency activities, including mutual aid activities,
6 shall be deemed conclusively to be for the direct protection and benefit of the inhabitan#s and
7 property of the County of Butte.
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10 Section 2. Severabili if any provision of this Ordinance or the application thereof to any
t 1 person or circumstances is for any reason held to be invalid by a court of competent
12 jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect
t3 the remaining provisions or other applications of the Ordinance which can be given effect
I4 without the invalid provision or application thereof.
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16 Section 3. Effective Date and Publication This Ordinance shall take effect thirty (30) days
17 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed
IS to publish this ordinance before the expiration of fifteen {15) days after its passage. This
19 Ordinance shall be published once, with the names of the members of the Board of
20 Supervisors voting for and against it, in the .~n.terpr_ise Record , a newspaper of general
21 circulation published in the County of Butte, State of California.
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23 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
24 California, on the ~~~ day of April , 2flpg, by the following vote:
2S AYES: Supervisors Dolan, Kirk, Lambert, Xamagnchi, and Chair Connelly
26 NOES: None
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1 ABSENT: None
2 NOT VOTING: None
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5 ATTEST:
6 Greg Iturria, C ief
~ Adminis tiv ce Interim
and C,ler o rd ~%~
S gy i ~~G`d
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Bill Connelly
Chair of the
Butte County Board of Supervisors
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