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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Sec. A8-1. Title of ordinance.

This division shall be known as and may be cited as the "Emergency Services Ordinance."

The declared purposes of this division are to provide for the preparation and carrying out of plans for the protection of persons and property within the County of Santa Clara in the event of an emergency; the establishment, coordination, and direction of the Santa Clara County Emergency Organization; the establishment, coordination and direction of the County of Santa Clara Disaster Council; the establishment, coordination and direction of the County of Santa Clara Office of Emergency Services; and the coordination of the emergency functions of this County with all other public agencies, corporations, organizations and affected private persons.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-3. Definitions.

The following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

(a) Board means the Board of Supervisors of the County of Santa Clara.

(b) Emergency defined:

Actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this County caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other 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, personnel, equipment and facilities of the County, requiring the combined forces of other political subdivisions to combat. Included within the term "emergency" are the various degrees of emergency enumerated in the California Emergency Services Act, Government Code § 8558 including "state of war emergency," "state of emergency" and "local emergency."

(1) State of war emergency means the condition which exists immediately, with or without a 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.

(2) State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or earthquake 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, of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.

(3) Local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, 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 combined forces of other political subdivisions to combat.

(d) Emergency response agency means any organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or providing mutual aid support to such an organization.

(e) Emergency response personnel means personnel involved with an agency's response to an emergency.

(f) Emergency services means all activities carried out pursuant to the California Emergency Services Act.

(g) Expenditures. 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.

(h) Incident means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.

(i) Operational area means an intermediate level of the State Emergency Services Organization, consisting of a county and all political subdivisions within the county area. Each county geographic area has been designated by the State as an operational area. An operational area is used by the County and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state's emergency operation centers and the operations centers of the political subdivisions comprising the operational area, as defined in Government Code §§ 8559(b) and 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.

The operational area's eligibility for state reimbursement of response-related personnel costs under California's Standardized Emergency Management System (SEMS) shall not be affected by non-participation of any local government(s) within the operational area.

The County government shall serve as the lead agency of the operational area unless another member agency of the operational area assumes that responsibility by written agreement with County government.

The lead agency of the operational area shall:

Coordinate information, resources and priorities among the local governments within the operational area.

Coordinate information, resources and priorities between the regional level and the local government level. Coordination of fire and law enforcement resources shall be accomplished through their respective mutual aid systems.

Use multi-agency or inter-agency coordination to facilitate decisions for overall operational area level emergency response activities.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-4. County Emergency Organization.

All officers and employees of the County, together with those volunteer forces registered to aid them during a duly proclaimed emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section A8-11(f)(3) of this division, be charged with duties incident to the protection of life and property in the Santa Clara County/operational area during such emergency shall constitute the County Emergency Organization. The County Emergency Organization also includes the American Red Cross, members of the Community Agencies Disaster Relief Effort (CADRE), Civil Air Patrol and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.

All employees of the County of Santa Clara are designated as disaster service workers pursuant to California Government Code § 3100 et seq.

The County Emergency Organization shall organize its response using the California Standardized Emergency Management System (SEMS).

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-5. Operational area created.

The Santa Clara County Operational Area is hereby created and shall consist of the County and all political subdivisions within the County area.

Peacetime Emergencies

The County of Santa Clara is signatory to the Santa Clara County Operational Area Interim Agreement which calls for the sharing of information and resources during emergencies. The County of Santa Clara and 15 cities signed this agreement in April, 1995.

In the event of a major non-war emergency, the Santa Clara County Operational Area Organization may be activated in whole or in part to serve all or a portion of Santa Clara County upon request of the governing bodies of the affected jurisdictions or their authorized officials and with the concurrence of the chair of the Board of Supervisors, County Executive, or their designee.

State of War Emergency

Pursuant to the provisions of the California Emergency Services Act, the Santa Clara County Operational Area Organization is created to serve in a "state of war" emergency as a link in the system of communications and coordination between the state's emergency operating centers and the emergency operating centers of the County, special districts, and cities comprising the operational area.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-6. Standardized Emergency Management System (SEMS).

The Standardized Emergency Management System (SEMS) is the adopted emergency management system in the County of Santa Clara. The Standardized Emergency Management System (SEMS) utilizes the Incident Command System (ICS), multi/interagency coordination, mutual aid, and the operational area concept to facilitate priority setting, interagency cooperation and the efficient flow of resources and information during an emergency.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-7. County/operational area mutual aid coordinators.

The following are named for the purpose of coordinating emergency mutual aid requests made through established state procedures:

Building inspector mutual aid--County Chief Building Official.

Emergency management mutual aid--County Emergency Services Manager.

Fire and rescue mutual aid--Chief, Santa Clara County Fire Department.

Law enforcement mutual aid--County Sheriff.

Medical Examiner-Coroner mutual aid--County Medical Examiner-Coroner.

Medical/health mutual aid--County Public Health Officer.

Public works mutual aid--Director, County Roads and Airports.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-8. Disaster Council created; membership; chair.

The Santa Clara County Disaster Council is hereby created and shall consist of the following:

(a) The chair of the County Board of Supervisors, who shall serve as the Disaster Council chair;

(b) A second member of the Board of Supervisors, who shall be first vice-chair;

(d) The Assistant County Executive;

(e) The County Counsel or designated Assistant County Counsel (who shall serve without vote);

(f) The County Sheriff;

(g) The County Fire Chief (Chief, Santa Clara County Fire Department);

(h) County Health Officer.

(i) Such department heads as may be appointed by the chair;

(j) Such representatives of federal, state and local civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the chair.

(k) The County Emergency Services Manager shall serve as staff to the County Disaster Council.

(Ord. No. NS-300.600, § 2, 5-13-97)

Cross reference(s)--Boards and commissions generally, Div. A6.

State law reference(s)--Local disaster councils, Government Code § 8610 et seq.

Sec. A8-9. Disaster Council powers, duties.

It shall be the duty of the Santa Clara County Disaster Council, and it is hereby empowered to develop 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 Disaster Council shall meet upon call of the chair, or, in the chair's inability to call such a meeting, the County Executive or his/her designee may call a meeting.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-10. Office of Director of Emergency Services created.

The County Executive shall be the Director of Emergency Services. The Assistant County Executive shall serve as Director of Emergency Services during any temporary absence or disability of the County Executive.

(Ord. No. NS-300.600, § 2, 5-13-97)

State law reference(s)--Emergency Services Act, Government Code § 8550 et seq.

Sec. A8-11. Powers, duties of Director.

The Director is hereby empowered to:

(a) Request the Board of Supervisors to proclaim the existence or threatened existence of a "local emergency" if the Board of Supervisors is in session, or to issue such proclamation if the Board of Supervisors is not in session. Whenever a local emergency is proclaimed by the Director, the Board of Supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(b) 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.

(c) Control and direct the effort of the Emergency Organization of this County for the accomplishment of the purposes of this division.

(d) Direct cooperation between and coordination of services and staff of the Emergency Organization of this County; and resolve questions of authority and responsibility that may arise between them.

(e) Represent this County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(f) 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 Director of the California Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered:

(1) 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 possible time by the Board of Supervisors;

(2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to make expenditures, binding the County for the fair value thereof and, if required immediately, to commandeer the same for public use (reference: California Emergency Services Act § 8572);

(3) To require emergency services of any County officer or employee and, in the event of the proclamation of "emergency" or "state of war emergency," to command the aid of as many citizens of this County as he or she deems 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;

(4) To requisition necessary personnel or material of any County department or agency; and

(5) To execute all of his or her ordinary power as County Executive, all of the special powers conferred upon him or her by this division or by resolution or emergency plan pursuant hereto adopted by the Board of Supervisors, all powers conferred upon him or her by any statute, by any agreement approved by the Board of Supervisors and by any other lawful authority.

(g) 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 maintained on file with the Clerk of the Board of Supervisors.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-12. Director to be area coordinator during war emergencies.

The County Director of Emergency Services shall be the operational area coordinator, with responsibility for coordinating mutual aid and inter-jurisdictional emergency operations during state of war emergencies. Coordination will be exercised as prescribed in this division and in approved emergency and mutual aid plans.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-13. Area coordinator powers and duties during war emergencies.

Subject to the primacy of acts of the Governor of California during a state of war emergency, the coordinator is hereby empowered to direct cooperation between and to coordinate the emergency activities of political jurisdictions and emergency services, and to resolve questions of authority and responsibility that may arise between them. In exercising these powers, the coordinator will be guided by emergency plans and mutual aid agreements, ordinances, resolutions, rules and regulations as may be adopted by the County.

Following activation of the Santa Clara County Emergency Organization, the Director of Emergency Services shall have the following duties:

To establish and maintain the County/operational area emergency operations center to serve the operational area; upon activation of the operational area organization and in all instances of an emergency, as defined herein, to collect and disseminate emergency information and resources to concerned operational area jurisdictions and agencies.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-14. Local emergency; authority to proclaim; ratification.

The Board of Supervisors, or if the Board is not in session, in the following order, the Board chair, County Executive, Assistant County Executive, or their designee operating as Director of Emergency Services in the County emergency operations center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized County officer, the Board of Supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-15. Legality of initial emergency measures.

All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision of the Board of Supervisors not to issue such proclamation, shall be legal and binding upon the County.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-16. Local emergency; termination.

Pursuant to the California Emergency Services Act, the Board shall review at least every 14 days until such local emergency has terminated the need for continuing the local emergency, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-17. State of emergency; who may request conditions.

The Board of Supervisors, or if the Board is not in session, in the following priority order, the Board chair, County Executive, Assistant County Executive, or their designee operating as Director of Emergency Services in the County emergency operations center, may request the Governor to proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and property within the County caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake 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 likely to be beyond the control of the County, and require the forces of a mutual aid region or regions to combat.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-18. Activation of County/operational area emergency operations center.

The following personnel are authorized to activate the County/operational area Emergency Operations Center (EOC): the County Executive, Assistant County Executive, County Emergency Services Manager, and others authorized by the County Executive to act as Director of Emergency Services in the County emergency operations center shall have the responsibility for requiring the partial or total mobilization of the County Emergency Organization to staff the County/operational area Emergency Operations Center (EOC).

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-19. Authority for emergency orders and regulations.

The Board of Supervisors, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this division, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates in the following priority order, to the Board chair, County Executive, Assistant County Executive, or others authorized by the County Executive to act as Director of Emergency Services in the County emergency operations center, authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations to be effective must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the Board of Supervisors.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-20. Planning.

The County shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-21. Emergency plan.

The County Office of Emergency Services shall be responsible for the development of the County Emergency Plan, which plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS) and the effective mobilization of all of the resources of this County, 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 and duties, services and staff of the Emergency Organization. Such plan shall take effect upon adoption by resolution of the Board of Supervisors.

It shall be the responsibility of all emergency operations center service chiefs and alternates to have a thorough knowledge of the Santa Clara County Emergency Plan and to insure that their respective supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-22. Disaster medical health plan.

It shall be the responsibility of the County Health Officer to serve as the Operational Area Disaster Medical Health Coordinator (OADMHC). In this capacity, the OADMHC will be responsible for overseeing the County's disaster medical health plan.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-23. Emergency Preparedness Council; membership.

An Emergency Preparedness Council is established for Santa Clara County. The Council shall consist of:

(a) A designated member of the Santa Clara County Board of Supervisors or elected alternate.

(b) A designated elected council person or mayor from each of the 15 cities in Santa Clara County or their elected alternate.

(d) The County Emergency Services Manager, who shall serve without vote.

(e) A designated member of the Santa Clara Valley Water District Board.

(Ord. No. NS-300.600, § 2, 5-13-97; Ord. No. NS-300.778, § 1, 3-20-07)

Cross reference(s)--Boards and commissions generally, Div. A6.

Sec. A8-24. Emergency Preparedness Council purposes, powers and duties.

The Emergency Preparedness Council has as its purpose the promotion of inter-jurisdictional disaster preparedness. It shall be the duty of the Emergency Preparedness Council and it is hereby empowered to:

(a) Elect a chair and vice-chair annually.

(b) Meet upon call of the chair or, in the chair's absence from the County or inability to call such a meeting, upon call of the vice-chair.

(d) Encourage coordinated emergency planning between and among the cities, the County and the Santa Clara Valley Water District.

(e) Support local, state and federal legislation favorable to disaster planning, mitigation and recovery.

(f) Promote individual, family and neighborhood post-disaster self-reliance programs.

(g) Serve as the Santa Clara County Operational Area Council (OAC) with governing body authority to carry out the responsibilities of the OAC as required by the California Governor's Office of Emergency Services.

(Ord. No. NS-300.600, § 2, 5-13-97; Ord. No. NS-300.604, § 1, 9-23-97; Ord. No. NS-300.778, § 2, 3-20-07)

Sec. A8-25. Office of Emergency Services created--Officers and staff.

There is created the County of Santa Clara Office of Emergency Services (OES). The County Emergency Services Manager shall be the Director of the County Office of Emergency Services.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-26. Powers and duties of the Emergency Services Manager.

The Emergency Services Manager shall:

(a) Coordinate the activities of all emergency services in pre-emergency planning, during an emergency, and in post-emergency activities as the chief staff officer of the Director of Emergency Services.

(b) Represent the County in dealings with public and private agencies pertaining to emergency planning.

(c) Organize, develop and coordinate the County's participation in operational area emergency programs, working with local governments, County departments, special districts, supporting agencies and volunteer groups.

(d) Prepare and maintain the basic emergency plans for the County and submit such plans to the Director of Emergency Services.

(e) Serve as secretary of the Emergency Preparedness Council.

(f) Serve as advisor on emergency preparedness matters to directors of emergency services of those cities that have by agreement contracted with the County for such services.

(g) Maintain 24-hour a day availability of on-call emergency management personnel for immediate response if called upon by the County.

(h) Exercise the County/operational area emergency operations center in whole or part, at least annually.

(i) Perform other duties as may be assigned by the Director of Emergency Services.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-27. Authorized emergency vehicles.

Private or public owned vehicles, while operated in the line of duty by Office of Emergency Services personnel responding to, but not returning from, emergency calls are designated authorized emergency vehicles [California Vehicle Code § 2416(10)].

Private vehicles must comply with California Code of Regulations Title 13, Sections 1120 through 1124 and be issued an authorized emergency vehicle permit [California Vehicle Code § 165(f)] prior to operation as authorized emergency vehicles.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-28. Emergency expenditures.

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.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-29. Punishment of violations; acts prohibited during emergency.

During the period of beginning on the date of the existence of when a major disaster is declared by the Director of Emergency Services and ending 180 days after that date, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine not to exceed $5,000.00, or by imprisonment for not to exceed six months, or both, for any person, contractor, business or other entity 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 division or in the performance of any duty imposed upon him or her by virtue of this division.

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this division, if such act is of such a nature as to give or be likely to give assistance to the enemy (during a state of war emergency), or to imperil the lives or property of inhabitants of this County, or to prevent, hinder or delay the defense or protection thereof.

(c) Wear, carry or display, without authority, any means of identification specified by any emergency services agency of the State of California, the County of Santa Clara, County districts, or any city in the County of Santa Clara.

(d) Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which is ten or more percent greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.

For purposes of this emergency order, the following definitions shall apply:

A consumer food item is any article which is used or intended for use for food, drink, confection or condiment by humans or animals.

Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage.

Emergency supplies shall include but are not limited to water, flashlights, radios, batteries, candles, blankets, soaps and diapers.

Medical supplies shall include but are not limited to prescription and non-prescription drugs, bandages, gauzes and isopropyl alcohol.

(e) Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the County Emergency Organization on a building or structure damaged by a disaster.

(f) Post any sign, tag or placard not authorized by the County Emergency Organization on a building or structure damaged by a disaster.

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-30. Volunteers.

Volunteers who perform service in the County Emergency Organization in accordance with the provisions of this division shall so serve without compensation. Volunteers shall be registered with the County Office of Emergency Services as "disaster service workers" in order to be eligible for worker's compensation benefits, as provided for in Chapter 1 of Part 1, of Division 4, of the State Labor Code (Labor Code § 3201 et seq.).

(Ord. No. NS-300.600, § 2, 5-13-97)

Sec. A8-31. Authorities and references.

Santa Clara County Operational Area Interim Agreement.

California Code of Regulations Title 19, Division 2, Office of Emergency Services, Chapter 1, § 2400, Standardized Emergency Management System (SEMS) Regulations.

California Emergency Services Act.

California Government Code § 3100 - Disaster Service Workers.

(Ord. No. NS-300.600, § 2, 5-13-97)