Local Planning Guidance On Tsunami Response: Second Edition
Local Planning Guidance On Tsunami Response: Second Edition
Arnold Schwarzenegger
Governor
State of California
Henry R. Renteria
Director
Governor’s Office of Emergency Services
Preface
The research, the committee deliberations, and the writing of this document were supported by the
National Oceanic and Atmospheric Administration (NOAA), the National Tsunami Hazard
Mitigation Program, the National Earthquake Hazards Reduction Program of the Federal Emergency
Management Agency (FEMA), and the California Governor’s Office of Emergency Services (OES)
Earthquake Program.
The opinions and recommendations do not necessarily represent those of NOAA or FEMA. The
contents do not guarantee the safety of any individual, structure, or facility in an earthquake or
tsunami. Neither the Unites States nor the State of California, assumes liability for any injury, death,
or property damage that results from an earthquake or a tsunami.
Introduction .....................................................................................................................................11
APPENDICES
Acronyms ............................................................................................................................19
Terminology ........................................................................................................................21
Introduction ........................................................................................................................46
Background ........................................................................................................................46
Purpose ................................................................................................................................46
Activation ............................................................................................................................47
Concept of Operations .......................................................................................................47
Relationship to Other Plans ..............................................................................................48
Area Security ......................................................................................................................48
Area Re-entry .....................................................................................................................48
ENCLOSURE 1 ..................................................................................................................49
KEY PHONE LIST
ENCLOSURE 3...................................................................................................................51
SAMPLE BRIEFING FORMAT
ENCLOSURE 4 ..................................................................................................................52
SAMPLE EVACUATION ORDER
ENCLOSURE 5 ..................................................................................................................53
ADVERTENCIA PARA EVACUACION
ENCLOSURE 6 ..................................................................................................................54
WESTAR CABLE WARNING MESSAGE
ENCLOSURE 7 ..................................................................................................................55
TRAFFIC CLOSURE POINTS
ENCLOSURE 8 ..................................................................................................................56
REFERENCES
ATTACHMENT A .............................................................................................................69
PRE-WATCH/WATCH MESSAGE
ATTACHMENT B .............................................................................................................70
SAMPLE NEWS RELEASE (ENGLISH)
SAMPLE NEWS RELEASE (SPANISH)
ATTACHMENT C .............................................................................................................71
TSUNAMI WATCH MESSAGE
-TSUNAMI/SEISMIC SEA WAVE WATCH
ATTACHMENT D .............................................................................................................72
TSUNAMI WARNING MESSAGE
-TSUNAMI/SEISMIC SEA WAVE WARNING
ATTACHMENT E .............................................................................................................73
TSUNAMI CANCELLATION MESSAGE
-TSUNAMI SEISMIC SEA WAVE CANCELLATION
ATTACHMENT F .............................................................................................................74
AGENCIES CONCERNED WITH TSUNAMIS
ATTACHMENT G ............................................................................................................76
INCIDENT COMMAND RESPONSIBILITIES
ATTACHMENT H ............................................................................................................77
TSUNAMI TIME CURVES, CONVERSION TO/FROM GREENWICH MEAN TIME
Appendix 9 – Legal Guidelines for Controlling Movement of People and Property .................110
In October of 1997, representatives of coastal counties were brought together to identify and
prioritize the areas along the California coastline to be mapped during the initial phase of the
tsunami mitigation program. With funding from the National Tsunami Hazard Mitigation Program
of National Oceanic and Atmospheric Administration (NOAA), Professor Costas Synolakis of the
University of Southern California was selected to produce inundation projections for selected coastal
areas. The areas chosen were: 1) San Francisco County and San Mateo County (Golden Gate
through San Mateo), 2) Santa Barbara County, 3) San Diego County (Coronado to Encinitas), and 4)
Los Angeles County (Santa Monica to Palos Verdes). Projections of tsunami inundation in
Humboldt Bay and Crescent City will be provided by the NOAA Tsunami Inundation Mapping
Effort (TIME) Center in Newport, Oregon as part of a national assessment of alternative modeling
approaches (NOAA published initial inundation maps for Humboldt Bay and Crescent City in 1994).
There is agreement within the tsunami and emergency response communities that technology alone
cannot protect coast habitats in the immediate area of a near-source tsunami. When a large
subduction zone earthquake occurs nearby, the first tsunami waves may reach coastal communities
within a few minutes of the event. Local populations at risk must be able to recognize the signs of
impending tsunami hazards and seek higher ground immediately. Communities need to be aware of
what areas are likely to be flooded. Local decision-makers need to understand the risk and be
provided with mitigation tools in order to make informed planning decisions. Planners, emergency
responders, and residents need to understand the multi-hazard ramifications of a very large local
earthquake and its disruption to the community.
This planning guidance is intended to assist local governments in the initial development of a
tsunami response plan and the procedures necessary to deal with a tsunami’s impact on their
communities. This guidance covers three main areas:
• Use of Model Inundation Maps
• Development of tsunami specific plans including evacuation procedures
• Explanation of tsunami warning procedures.
While this planning guidance is designed for use by local governments, as defined in the
Standardized Emergency Management System (SEMS), it may also be used for planning purposes
by Operational Areas (OAs). State or federal agencies that support local governments through field
offices will also find this a useful planning document.
Local-source tsunami: If a large tsunami-genic earthquake occurs at or near the California coast, the
first waves may reach coastal communities within minutes after the ground shaking stops. There is
no time for authorities to issue a warning. Mitigation requires an understanding of areas at risk, areas
of safety, evacuation routes and a trained public that understands the need to immediately move
inland or to higher ground.
Though infrequent, California has experienced local tsunamis in the past, and paleotsunami evidence
shows major tsunami impact in the recent geologic past. Risk is considered high along the north
coast of California, from Crescent City to Cape Mendocino; moderate south of Cape Mendocino to
north of Monterey; high south of Monterey to Palos Verdes; and moderate south of Palos Verdes to
San Diego (see Historic California Tsunamis in Appendix 2.) Large local tsunamis may impact the
entire California coastline. Waves from an earthquake at the Cascadia Subduction Zone could reach
southern California in less than 2 hours.
Distant-source tsunami: Very large earthquakes in other areas of the Pacific Rim may also cause
tsunamis which could impact California’s coast. The first waves would reach our coastline many
hours after the earthquake occurred. Tsunami Warning Centers are responsible for alerting local
officials, who may order evacuation. Effective mitigation requires an understanding of the tsunami
warning system, local areas at risk, and evacuation planning.
• Transfer information from the model tsunami inundation maps to jurisdiction based maps.
• Analyze and confirm the inundation projections by field surveys and detailed topographic review.
• Develop map overlays for the following:
♦ Critical facilities (police, fire, city hall, public works facilities, airports, major supply
warehouses)
♦ Special needs facilities (schools, public assembly, hospitals, convalescent homes)
♦ Special needs populations (e.g. non-English speakers, physically disabled, elderly, children)
♦ Transportation lifelines
♦ Hazardous materials sites and facilities
♦ Population demographics
• Identify boundaries of Tsunami Evacuation Zone with well-known landmarks, such as streets,
railroad or freeway rights-of-way, parks, etc.
• Identify refuge areas within the Tsunami Evacuation Zone and their shelter capacity for evacuated
population.
• Survey proposed evacuation routes to determine post earthquake function of bridges, adjacent
buildings, and expected safety of adjacent land uses (avoid hazardous buildings and HazMat sites).
• Locate evacuation routes and alternates.
Three factors affect the accuracy of inundation projections: the quality of the mathematical model of
tsunami wave propagation, the detail of data on topography and bathymetry (underwater
topography), and the assumptions made about the origins and mechanism of tsunami generation.
The mathematical models now being used by NOAA and the State of California for projecting
tsunami inundation are based on a consensus in the scientific community about the propagation of
waves from deep ocean to shallow coastal conditions. Furthermore, the models have been calibrated
against actual recent tsunamis in Japan. A more important factor in the accuracy of inundation
projections is the detail in the topographical and bathymetrical data. A lack of detail in mapping
offshore bathymetry, or even seasonal changes in beach conditions, can have a significant impact on
model output.
Inundation projections and resulting planning maps are to be used for emergency planning
purposes only. They are not based on a specific earthquake and tsunami. Areas actually inundated
by a specific tsunami can vary from those predicted. The inundation maps are not a prediction of the
performance, in an earthquake or tsunami, of any structure within or outside of the projected
inundation area.
The development of a Tsunami Plan requires a multi-disciplinary approach and should involve local
specialists (emergency responders, planners, engineers, utilities, and community based
organizations). The city or county administrative officer should appoint a Tsunami Plan Working
Group and designate a chairperson, usually the emergency services manager. The Tsunami Plan
Working Group should include representatives from the following agencies:
• Law Enforcement
• Emergency Management
• Public Works
• Land Use Planning
• Social Services
• Fire Suppression
• American Red Cross
• Transportation providers
• Non-governmental and Community Based Organizations
• Warning Coordination Meteorologist from the regional NWS office
• Education Community
The Work Group will determine the best way to accomplish the planning process, develop an overall
work program, and set a time schedule for completion (See Tsunami Plan Checklist and Sample San
Mateo County Plan in Appendix 3).
One of the most critical elements of a Tsunami Plan is the Evacuation and Traffic Control Plan.
Local governments are responsible for developing evacuation plans for possible implementation in
response to a near or distant-source event. A distant-source tsunami event may allow several hours to
evacuate. A near-source tsunami may require immediate self-evacuation through areas damaged by
the earthquake and at some risk of aftershocks. Each jurisdiction should analyze how much time an
evacuation would require and build that into the decision-making procedure. While developing its
plan, each jurisdiction should decide how best to handle the occurrence of both earthquakes and
tsunamis. Evacuation plans should also take into account the special needs of evacuees, including the
medically fragile, mobility impaired, deaf, blind, and those who speak no English or English as a
second language.
After the plan has been completed, it is essential to develop education, training, and exercise
programs for city and county employees as well as for the residents in the community. (See sample
Evacuation Checklist in Appendix 3).
Exercises
Communities can benefit by developing and implementing an exercise program to test the training
received on the tsunami response plan. Important considerations are:
• How can development of a separate exercise program for tsunami improve the
communities’ ability to respond to a tsunami?
• Who should develop, conduct, and maintain the new tsunami response exercise program?
• Does the jurisdiction have the resources to conduct such exercises?
• In what creative ways can funding be found for an exercise program?
When the California State Warning Center (CSWC) receives the information from WC/ATWC via
NAWAS and/or California Law Enforcement Teletype System (CLETS), the WC/ATWC will
announce what areas the message is for, whether it is an Information Bulletin, a Tsunami Watch, or a
Tsunami Warning. The Warning Center does not undertake any threat analysis. All information
received is passed directly to the Operational Areas via CLETS, California Alert and Warning
System (CALWAS) and Emergency Alert System (EAS). Once the information has been sent out
the following actions are taken:
• Verification is made with the printed copy received via National Weather Service (NWS) satellite.
The information is re-transmitted via CLETS to all sheriff’s offices (SO) of coastal counties and
most local police departments (PD). Turn-around time from NWS to CLETS and out is a matter of a
few seconds.
NOTE: If the bulletin is only informational and a tsunami has not been generated, or is not
expected, then no further action is taken by the CSWC.
• The CSWC immediately polls all SOs of the 19 coastal counties and the CHP dispatch to verify
that they received the bulletin via CALWAS. If not, then it is repeated to those counties that need the
information. All 19 coastal counties’ SOs are advised to check CLETS for the hard copy and to
advise if not received.
• Verbal notification is then made to the OES Executive & Regional Duty Officers (EDO,RDO) and
the following agencies:
“All Clears” are issued two hours after the last damaging wave. However, if there is no confirmation
of a wave within two hours, the “all clear” is the responsibility of the local government regardless of
whether a tsunami has been generated. This requires that the local government is able to observe the
waves from a safe distance/height.
A word of caution: Tidal gauges are not a reliable source of information if a damaging
tsunami has occurred.
As part of their tsunami plans, Operational Areas should develop procedures for disseminating the
information to local jurisdictions and special districts. Local governments should work with the
appropriate Operational Area or region to develop the elements of their notification system.
Amplitude: The rise above or drop below the ambient water level as read on a tide gauge.
Arrival Time: Time of arrival, usually of the first wave of the tsunami, at a particular location.
Bore: Traveling wave with an abrupt vertical front or wall of water. Under certain conditions, the
leading edge of a tsunami wave may form a bore as it approaches and runs onshore. A bore may also
be formed when a tsunami wave enters a river channel, and may travel upstream penetrating to a
greater distance inland than the general inundation.
CREST: Consolidated Reporting of Earthquakes and Tsunamis. A project funded through the
Tsunami Hazard Mitigation Federal/State Working Group to upgrade regional seismic networks in
Alaska, Washington, Oregon, California, and Hawaii and to provide real-time seismic information
from these networks and the United States National Seismic Network to the tsunami warning
centers.
ETA: Estimated Time of Arrival. Computed arrival time of the first tsunami wave at coastal
communities after a specific earthquake has occurred.
First Motion: Initial motion of the first wave. A rise in the water level is denoted by R, a fall by F.
Free Field Offshore Profile: A profile of the wave measured far enough offshore so that it is
unaffected by interference from harbor and shoreline effects.
Harbor Resonance: The continued reflection and interference of waves from the edge of a harbor or
narrow bay. This interference can cause amplification of the wave heights and extend the duration of
wave activity from a tsunami.
Horizontal Inundation Distance: The distance that a tsunami wave penetrates onto the shore.
Measured horizontally from the mean sea level position of the water's edge, it is usually measured as
the maximum distance for a particular segment of the coast.
Inundation: The depth, relative to a stated reference level, to which a particular location is covered
by water.
Inundation Line (limit): The inland limit of wetting, measured horizontally from the edge of the
coast, defined by mean sea level.
Leading-Depression Wave: Initial tsunami wave is a trough, causing a draw down of water level.
Local/Regional Tsunami: Source of the tsunami is within 1000 km of the area of interest. Local or
near-field tsunami has a very short travel time (30 minutes or less), mid-field or regional tsunami
waves have travel times on the order of 30 minutes to 2 hours.
Note: "Local" tsunami is sometimes used to refer to a tsunami of landslide origin.
MLLW: Mean Lower Low Water. The average low tide water elevation often used as a reference to
measure run-up.
Ms: Surface Wave Magnitude. Magnitude of an earthquake as measured from the amplitude of
seismic surface waves. Often referred to by the media as "Richter" magnitude.
Mw: Moment Magnitude. Magnitude based on the size and characteristics of the fault rupture, and
determined from long-period seismic waves. It is a better measure of earthquake size than surface
wave magnitude, especially for very large earthquakes. Calibrated to agree on average with surface
wave magnitudes for earthquakes less than magnitude 7.5.
Normal Earthquake: An earthquake caused by slip along a sloping fault where the rock above the
fault moves downward relative to the rock below.
Period: The length of time between two successive peaks or troughs. May vary due to complex
interference of waves. Tsunami periods generally range from 5 to 60 minutes.
Run-up: Maximum height of the water onshore observed above a reference sea level. Usually
measured at the horizontal inundation limit.
Seiche: An oscillating wave (also referred to as a seismic seawave) in a partially or fully enclosed
body of water. May be initiated by long period seismic waves, wind and water waves, or a tsunami.
Teletsunami: Source of the tsunami is more than 1000 km away from area of interest. Also called a
distant-source or far-field tsunami. Travel time is greater than 2 hours.
Thrust Earthquake: Earthquake caused by slip along a gently sloping fault where the rock above
the fault is pushed upward relative to the rock below. The most common type of earthquake source
of damaging tsunamis.
Travel Time: Time (usually measured in hours and tenths of hours) that it took the tsunami to travel
from the source to a particular location.
Tsunami: A Japanese term derived from the characters "tsu" meaning harbor and "nami"
meaning wave. Now generally accepted by the international scientific community to
describe a series of traveling waves in water produced by the displacement of the sea floor
associated with submarine earthquakes, volcanic eruptions, or landslides.
Tsunami Earthquake: A tsunamigenic earthquake which produces a much larger tsunami than
expected for its magnitude.
Tsunami Magnitude: A number that characterizes the strength of a tsunami based on the tsunami
wave amplitudes. Several different tsunami magnitude determination methods have been proposed.
Tsunami Categories
A tsunami can be categorized as local, regional, or Pacific-wide. Those terms describe the potential
destruction relative to the tsunami source area.
Local (near-source) tsunamis occur soon after the generating event and allow little time for warning
and evacuations. Their impact may be large, but in a limited area. For example, in 1958, waves from
a local tsunami in Lituya, Alaska ran up 485 meters, but destruction was focused on a small area.
Regional (intermediate) tsunamis are by far the most common. Destruction may be limited because
the energy released was not sufficient to generate a destructive Pacific-wide tsunami, or because the
source area limited the destructive potential of the tsunami. These events can occur within 15
minutes to 2 hours after the generating event. Areas affected by the tsunamis may not have felt the
generating event.
Pacific-wide (distant source) tsunamis are much less frequent, but have a far greater destructive
potential. The waves are not only larger initially, but they subject distant coastal areas to their
destructive impact as they cross the Pacific basin. For example, the Chilean tsunami of May 22,
1960, spread death and destruction across the Pacific from Chile to Hawaii, Japan, and the
Philippines. These events may have long lead times (up to 6 hours), but the breadth of the
destruction is wide.
Tsunamis in California
Since 1812, 14 tsunamis with wave heights higher than three feet have struck the California coast.
Six of these waves were destructive. The Santa Barbara Channel Islands were hit by a tsunami in the
early 1800’s. The worst tsunami in recent history resulted from a 1964 Alaskan earthquake and that
caused 12 deaths and at least $17 million in damage in northern California. The 1992 Cape
Mendocino earthquake produced a 0.5 meter tsunami that reached Humboldt Bay about 15 minutes
after the shaking. Although not damaging, this tsunami demonstrated that locally generated tsunamis
can reach our coastline quickly.
The 1992 Cape Mendocino tsunami triggered more comprehensive analysis of historic tsunami
events in California. Research findings now support the belief that the risk from locally generated
(nearshore) tsunamis is 1) high along the coast from Crescent City to Cape Mendocino, 2) moderate
south of Cape Mendocino to north of Monterey, 3) high south of Monterey to Palos Verdes, and 4)
moderate south of Palos Verdes to San Diego.
Paleoseismic evidence suggests that large earthquakes capable of producing local tsunamis recur
every two or three hundred years along the Cascadia Subduction Zone (see Figure # 1). Large
earthquake-generated tsunami events in Southern California are believed to have similar return
periods. In the Cascadia Subduction Zone, a locally generated tsunami may reach the shore in
minutes or tens of minutes.
The Cape Mendocino region and the coastal and offshore areas of Humboldt and Del Norte Counties
are among the most seismically active areas in the United States. Since 1980, there have been five
earthquakes close to magnitude 7, and an additional six of magnitude 6 or larger. This contrasts
significantly with the rest of the Pacific Northwest, where large or damaging earthquakes have been
relatively infrequent in recent historical times.
The April 25, 1992 earthquake, with a moment magnitude of 7.1, was located onshore from the town
of Petrolia at a depth of about 11km. The location and orientation of rupture strongly suggested a
Cascadia Subduction Zone origin. This earthquake also produced many of the effects expected from
a larger Cascadia Subduction Zone event: coastal uplift, strong ground shaking, and a locally
generated tsunami that was detected at coastal tide gauges within 15 minutes of the earthquake. The
tsunami, although not damaging, raised the concerns of agencies responsible for disaster planning
and response.
In addition, the Working Group on California Earthquake Probabilities of the Southern California
Earthquake Center (SCEC) has identified the Palos Verdes, Santa Cruz Island, and Santa Rosa Island
faults as active and potentially tsunamigenic. The displacement between the North American and
Pacific plate is accommodated in part by the movements along strike-slip faults, some of which are
in the offshore borderland. Strike-slip faults were not believed capable of generating damaging
tsunamis before the 1994 Mindoro, Philippines event when a strike-slip onshore fault generated a
tsunami large enough to move a 6,000-ton barge one mile inland. There is also suggestive evidence
of episodes of vertical displacement capable of conventional tsunami generation associated with the
offshore extension in the Palos Verdes fault.
The densification of land use in Southern California and the continued development in areas exposed
to coastal and riverine inundations have increased the risk of property damage and loss of life from
future tsunamis. Even in locales where the tsunami hazard may be small, the land use development
in areas subject to inundation and ground subsidence increases the overall risk. The rapid arrival of
waves from a local event and the long duration of tsunami wave action intensify the risk from near-
shore events. Future tsunamis may cause economic losses in coastal communities dependent on
marine and harbor commerce. Losses to the tourist industry and harbor facilities in the Ports of Los
Angeles, Long Beach, and San Diego could be very high, even for small events. Additional risk is
posed by the potential release of toxic pollutants due to the failure of marine oil-transfer facilities
and terminals.
Planners, emergency responders, and residents should try to assess and project the impacts of a very
large local earthquake. At-risk regions need near-real-time determination of earthquake source
information to assess the nature of the hazard in order to optimize emergency response. Local
OES Local Planning Guidance on Tsunami Response
27
decision makers need to understand their risk and be provided with mitigation tools in order to make
informed planning decisions.
A near-source tsunami may require immediate self-evacuation through areas damaged by the
earthquake and at high risk of aftershocks. Evacuation plans should take into account potential
earthquake damage when planning routes to use for evacuation. When developing a plan, each
jurisdiction should decide how best to handle the occurrence of both an earthquake and a tsunami.
Evacuation plans should take into consideration the special needs of the evacuees. Some of the
special needs groups include the injured, the medically fragile, the aged, infants and young children,
the handicapped, and non-English speakers or those who speak English as a second language. Care,
shelter, communication, and transportation should be available at evacuee staging areas.
Sausalito 0.1
1901 N. California 3 L Monterey Observed
Floating restaurant
mooring broke.
1965 W Aleutian Is. 4 E Crescent City 0.1 Recorded.
2/4 Los Angeles <0.1 Recorded.
San Francisco <0.1 Recorded.
San Diego <0.1 Recorded.
Santa Cruz <0.1 Observed.
Santa (?) <0.1 Recorded.
1966 Peru 4 E Crescent City 0.1
10/17 San Francisco <0.1
San Diego <0.1
1968 Honshu, Japan 4 E Crescent City 0.6
5/16 San Francisco <0.1
Santa (?) 0.2
San Diego <0.1
* The validity has been devised (Soloviev and Go, 1974; and Cox and Morgan, 1977) to rate how
valid a tsunami report may be. In a five step scale:
Tsunami Planning
Tsunami Sample Planning Template
Management
Management may want to focus on several areas during the planning process, including organizational structure;
coordination of various disciplines; inclusion of non-profit organizations or private businesses in the possible
response organization; public information concerns; safety and security; and information sharing among the key
players. In addition, management may also want to be involved in threat analysis plans and procedures development.
Organizational Structure
Local government should consider the organizational structure required for a tsunami threat or actual event.
In developing the organization, agencies may want to address the following questions:
• How should organizational and planning issues be addressed? Through multi-agency tsunami planning
committee (TPCs)? Through regional as well as local efforts? Much of the success of future tsunami
response efforts will depend upon establishing close working relationships among the key players at various
government levels.
• What organization is already in place to deal with tsunamis?
• How will they interface with their state and federal counterparts?
• What levels of government need to be represented?
• What are the procedures for liaison to OES? Others?
• What organizational elements need to be represented? For example, the unified command?
• How will the transition from tsunami watch/warning to tsunami response be accomplished—if
necessary?
Coordination of Disciplines
A tsunami event will require multi-agency, multi-discipline coordination at all levels, including first
responders. Questions to consider:
• How do local jurisdictions plan to coordinate medical, health, fire and rescue, public works, law and
coroner?
• What are the issues associated with discipline coordination? In the EOC environment? In the field?
• What communication systems and protocols need to be in place?
• How will vulnerable population issues be addressed?
• How will education and childcare facilities be addressed?
• How will animal care issues be addressed?
Public Information
All Public Information personnel should review current plans and/or protocols to ensure the area(s) listed
below are addressed.
As we have seen in California during our natural disasters, public information plays a crucial role in
managing an event. Some questions to consider are:
Information Dissemination
Information dissemination and sharing will be crucial during a tsunami threat or actual event. How an event
unfolds will be determined to a great extent by “information” and how it is processed. Questions to
consider:
• What protocols need to be established about sharing threat information? How will various disciplines
share information across discipline lines (e.g.: law enforcement to medical).
• What components of the local response organization need to have information?
• What information elements need to be shared? And with what agencies, organizations, businesses,
volunteer organizations, the media, and so on?
• Do agencies need to have “alert levels” or “readiness conditions” – even those that do not normally use
these terms?
Fire Department
All Fire and Rescue personnel should review current plans and/or protocols to ensure the areas listed below
are addressed. Tsunami inundations are not a single wave event; several waves may inundate the coast over
several hours. The first wave may be followed by larger, more destructive waves that go farther inland and
carry debris.
• Are fire and rescue response personnel staged outside of the potential tsunami run up area until an all
clear is given?
• Do existing procedures need to be modified to accommodate a tsunami scenario?
• Do first responder personnel need to receive any special instructions in the face of a potential tsunami
threat?
• What time-critical refresher training needs to occur in anticipation of an event? (For example, refresher
training on chemical agent identification.)
• What additional technical support teams will be required for a tsunami situation?
• Which fire and rescue functions need to be co-located with other disciplines for coordination purposes?
• Will the Fire and Rescue Branch need to request mutual aid to deal with the consequences of a tsunami
event?
• Will Fire and Rescue Branch require extensive logistical support for their operations?
• How will fire and rescue personnel deal with the potential that they may become secondary tsunami
casualties upon response to an event?
• How will fire and rescue personnel expand their operations beyond the normal day-to-day emergency
response? What will be required to do this?
• How will the environmental needs be addressed?
• Have fire and rescue personnel prepared for an incident?
• Are decontamination procedures in place for fire and rescue personnel?
Hazardous Materials
All Hazardous Materials/Radiological personnel should review current plans and/or protocols to ensure the
areas listed below are addressed. Tsunamis often involve many waves; several waves may inundate the
coast over several hours. The first wave may be followed by larger, more destructive waves that go farther
inland and carry debris.
• Are hazardous materials response personnel staged outside of the potential tsunami run up area until an
all clear is given?
• Do existing procedures need to be modified to accommodate a tsunami scenario?
• Do first responder personnel need to receive any special instructions in the face of a potential tsunami
threat?
• What time-critical refresher training needs to occur in anticipation of an event? (For example, refresher
training on chemical agent identification.)
• What additional technical support teams will be required for a tsunami situation?
• Which hazardous materials or radiological functions need to be co-located with other disciplines for
coordination purposes?
• Will the HazMat or Radiological Branch need to request mutual aid to deal with the consequences of a
tsunami event?
• Will HazMat or Radiological Branch require extensive logistical support for their operations?
• How will HazMat or Radiological team personnel deal with the potential that they may become
Law Enforcement
All law enforcement personnel should review current plans and/or protocols to ensure the areas listed below
are addressed. Several tsunami waves may inundate the coast over a number of hours. The first wave may
be followed by larger, more destructive waves that go farther inland and carry debris.
• Are law enforcement personnel staged outside of the potential tsunami run up area until an all clear is
given?
• Do existing procedures need to be modified to accommodate a tsunami scenario?
• Do first responder personnel need to receive any special instructions in the face of a potential tsunami
threat?
• What time-critical refresher training needs to occur in anticipation of an event? (For example, refresher
training on evacuations.)
• What additional technical support teams will be required for a tsunami situation?
• Which law enforcement functions need to be co-located with other disciplines for coordination purposes?
• Will the law enforcement branch need to request mutual aid to deal with the consequences of a tsunami
event?
• What additional logistical support will law enforcement require for operations?
• How will law enforcement expand their operations beyond the normal day-to-day emergency response?
What will be required to do this?
• Are law enforcement personnel prepared to perform/direct mass evacuations and spontaneous
evacuations?
Coroner
Generally, all of the standard mass fatality concerns would apply for coroner operations during a tsunami
response. Tsunami inundations are not a single wave event; several waves may inundate the coast over
several hours. The first wave may be followed by larger, more destructive waves that go farther inland and
carry debris.
• Are medical personnel staged outside of the potential tsunami run-up area until an all clear is given.
• Do existing procedures need to be modified to accommodate a tsunami scenario?
• Do first responder personnel need to receive any special instructions in the face of a potential tsunami
threat?
• What time-critical refresher training needs to occur in anticipation of an event (refresher training on
chemical agent identification, biological hazards, or decontamination procedures, for example)?
• What additional technical support teams will be required for a tsunami situation?
• Which medical or health functions need to be co-located with other disciplines for coordination
purposes? For example, there are instances in which medical and hazardous material personnel may need to
conduct joint activities.
• Will the medical and health branches need to request mutual aid to deal with the consequences of a
tsunami event? What will be the source of this aid?
• Will the medical and health branches need to establish significant logistical support for operations?
• How will medical and health personnel deal with the possibility that they may become secondary tsunami
victims upon response to an event?
• How will medical and health expand their operations beyond the normal day-to-day emergency response?
What will be required to do this?
• Should medical and health personnel establish contacts in the private sector prior to an incident for
quicker access to supplies and personnel?
• Are decontamination procedures in place for medical personnel?
• If the event is a Mass Casualty Incident (MCI), how will medical personnel address the need for the
possible massive amounts of mutual aid required?
Mental Health.
“Medical” also includes mental health support, which will focus on support to victims of a tsunami and
support to response personnel, including EOC staff. Mental health planners should consider the same sort
of questions that other elements of the medical and health community address. In addition, plans should
incorporate the following areas:
Crisis Management
• Public information: What role should mental health practitioners play as part of public information?
What effect does public information have upon the mental health of the victims and responders?
• Support services: How can the mental health community provide crisis counseling, screening, diagnosis,
and treatment for those in need of such services?
• Stress Management: How can mental health personnel support stress management programs within the
EOC and other locations?
• Follow-up: What mental health follow-up programs need to be developed as a result of a threat or event?
• Integration and support: How do mental health activities integrate with and support other medical/health
activities?
• Resources: What mental health resources are available within the community? Will additional mental
health resources be required? How can non-medical support personnel, such as religious staff or social
services personnel, be integrated into the process?
• Psychological aspects: How can mental health professionals address the psychological aspects of
response activities such as: body recovery, identification, family notification, and transportation of the
injured?
• Are public works and private and public agency personnel staged outside of the potential tsunami run up
area until an all clear is given?
• How will building inspectors and other professionals be included in the process?
• All Utilities personnel should review current plans and/or protocols to ensure the areas listed below are
1) Threat analysis
2) Identification of gaps and shortfalls in plans and procedures.
Threat Analysis
Threat analysis can include human factors (deaths, injuries, sheltering needs, etc.), lifelines and
infrastructure (utilities, roads, bridges, etc.), and critical facilities (police and fire stations, schools,
hospitals, etc.).
Other possible areas to examine would be facilities such as transportation hubs and industrial facilities with
hazardous materials that are in the tsunami run-up zone. The Certified Unified Program Agency (CUPA),
for example, will be registering the facilities that are exposed to the tsunami threat.
Support Requirements
The following questions should be considered when identifying support requirements:
• What assets do local jurisdictions have to deal with the tsunami threat?
• What do they think they might need to overcome shortfalls?
• Do local jurisdictions know how to access/request resources from other sources?
• What resource databases exist? How does the local government access them?
• What inundation maps exist?
• What resources do they need to manage and how?
• Does the jurisdiction need to develop a tsunami specific resources database? What should be in this
database? Should its accessibility be restricted in some way?
Continuity of Operations
• What systems do local jurisdictions have for personnel tracking and payroll operations?
• What are the staff recall procedures?
• Will there need to be a set of recall procedures specific to tsunami response?
Cost Tracking
Like any other emergency response, local jurisdictions will want to track costs associated with a tsunami
response. Is there anything unique to tsunami response that will impact cost tracking procedures?
Exercises
What is the current exercise program? Can it be modified to accommodate tsunami concerns?
• Does the jurisdiction need to develop a separate exercise program for tsunami?
• Who should develop, conduct, and maintain the new tsunami response exercise program?
• Does the jurisdiction have the resources to conduct such exercises?
• What about funding for the program?
As a tsunami crosses the deep ocean its length from crest to crest
may be a hundred miles and its height from trough to crest only a
few feet. Tsunamis may reach speeds of 600 miles per hour in deep
water.
When the tsunami enters shallow coastal waters, its speed decreases
and the wave height increases. This creates the large wave that
becomes a threat to life and property. Following the arrival of the
first wave, subsequent waves may increase in height and arrive
minutes to hours later.
Background Although there are no known recorded deaths from tsunami action
in San Mateo County, it is probable that wave impact occurred in
1946, 1960, and 1964. In 1946 an earthquake in the Aleutian Islands
generated a tsunami that caused one death in Santa Clara County.
The resultant tsunami from the Alaskan earthquake of 1964 caused
eleven deaths in Crescent City just south of the Oregon border.
This plan is consistent with the San Mateo Operational Area Multi-
Relationship to Hazard Functional Plan. It contains information about authority,
Other Plans organization, and responsibilities of emergency services.
State Agencies
California State Warning Center
California OES Coastal Region
State Parks and Beaches Day Time Phone No
State Parks and Beaches 24 Hr Dispatch
California Highway Patrol, Redwood City Office
--Responsible for Highway Marker 3.700 (south of Devil’s Slide to Monterey County Line)
California Highway Patrol San Francisco Office
--Responsible for Highway Marker 3.700 (south of Devil’s Slide through Pacifica)
California Highway Patrol Area Dispatch Center
--Dispatches all area Highway Patrol vehicles
California Department of Parks and Recreation (24HR Dispatch)
County Agencies
Sheriff
Environmental Health
Tsunamis have done great damage on the California coast. The most recent one in 1964 killed 12
people in Crescent City. They were not evacuated in time or were allowed to return to the evacuated
area too soon. This tsunami also did damage in our area. A 1960 tsunami killed 61 in Hawaii and
damaged our coast.
Our responsibility is to warn everyone within the inundation area shown on the map on the back of
this briefing sheet, and to insure that special facilities in the risk area are evacuated. Temporary
staging areas are being established at the Farallone View Elementary School, LeConte and Kanoff in
Montara and Half Moon Bay High School on Lewis Foster Drive in Half Moon Bay. Information
will be given to you at these locations as to when or if American Red Cross Shelters will be opened
at these locations.
A tsunami is not a single wave, but a series of waves. Keep people out of the risk area until you are
advised that re-entry may begin. Waves may be as far apart as one hour and may be as high as
twenty feet on this section of coast.
Traffic Control Points may be set up at strategic locations to reduce traffic flow toward the coast. If
you are on a Traffic Control Point, you may allow the following people through after warning them
of the danger and expected time of arrival:
• residents who have a local address on their driver’s license
• boat owners who can give you either a berth or CF number
• commercial trucks enroute to non-affected areas
• emergency services personnel including Red Cross Volunteers enroute to support operations
Under provisions of the Emergency Services Ordinance of the City of Half Moon Bay, I am ordering
all persons in the risk area to evacuate to either Farallone View Elementary School or Half Moon
Bay High School. Personnel evacuating from Point Montara, Princeton by the Sea, or El Granada
should evacuate to Farallone View Elementary School located at LeConte and Kanoff in Montara.
Personnel evacuating from Miramar, Highland Park, and Half Moon Bay should evacuate to Half
Moon Bay High School on Lewis Foster Drive. You should be able to return to your homes within
six hours. Security patrols will prevent anyone from entering the evacuated areas.
Tsunamis have done great damage on the California coast. The most recent one in 1964 killed 12
people in Crescent City. They were not evacuated in time or returned to the evacuated area before
the all-clear signal was given. This tsunami also did damage in our area. A 1960 tsunami killed 61 in
Hawaii six hours after a warning had been issued. Only those who ignored the warning were killed.
A tsunami is not a single wave but a series of waves. Stay out of the risk area until you are advised
that reentry may begin. Waves may be as far apart as one hour and up to twenty feet high on this part
of the coast.
There is no way to determine in advance the size of tsunamis in specific locations. A small tsunami
at one beach can be a giant wave a few miles away. Don't let the modest size of one make you lose
respect for all.
All tsunamis - like hurricanes - are potentially dangerous even though they may not strike each
coastline or do damage when they do strike.
Never go down to the beach to watch for a tsunami. The wave moves much faster than you can run.
Sooner or later, tsunamis visit every coastline in the Pacific. This means that Tsunami Warnings
apply to you if you live in any Pacific coastal area.
During this emergency, local police, fire, and emergency services officials are trying to save your
life. Give them your fullest cooperation.
______________________________
Chief of Police
Se encuentra usted en una area de riesgo de aguaje o inunclacion? Esto significa que el fuerte oleaje
podria alcanzar o inundar esta area y se le advierte que para su seguridad abandone immediatamente
esta area y proceda a un lugar mas seguro hasta que las autoridades le informen que ha pasado el
peligro.
Se avisa a todos los residentes afectados alejarse del area y proceder a: Farallone View
Elementary School on LeConte y Kanoff en Montara or Half Moon Bay High on Lewis Drive en
Half Moon Bay. Por favor permanezcan en el lugar indicado hasta que las autoridades les informen
que pueden volver a sus hogares.
Maremotos han hecho muchos daños a la costa de California. En el mas reciente en 1964 perecieron
12 personas en Crescent que no se han evacuado a tiempo o que han vuelto al area evacuada antes
que las autoridades han dado la señal. Este maremoto tambien ha hecho daños en nuestra area. En
otro maremoto en 1961, 61 personas perecieron en Hawaii 6 horas despues de la advertencia.
Solamente perecieron los que han desconocido la advertencia.
Un aguaje no es una sola ola sino una serie de olas con fuerza mayor que ias las comunes. Esten
fuera del area de peligro hasta que las autoridades dicen que pueden volver. Las olas a veces se
separan hasta una hora, y pueden alcanzar hasta una altura de 20 pies (6 metros).
Todos los maremotos pueden ser peligrosos, aun cuando no tocan todas las areas de peligro y no
dañan todas las areas que tocan. Nunca se baja hasta la playa para observar un maremoto. Las olas
corren mucho mas rapido que nosotros.
Antes o despues, maremotos tocan todas las costas pacificas. Eso quiere decir que las advertencias
pueden occurir en todas las areas de la costa.
Durante estas emergencia, las autoridades de seguridad publica intentan protegerle. Por favor den su
cooperacion completa.
at__________. Mr. Fischer will confirm the validity of the request for the tsunami tape by contacting
County Communications at ________, or the Office of Emergency Services at _____________.
The Following tape message will be played on Westar Cable Television Channels 17 and 28.
"A tsunami, or seismic sea wave, has been generated in the Pacific and may strike our coast. If the
wave was generated, it will arrive here at approximately ___________. All persons in risk areas (low
areas adjacent to the ocean) are ordered to evacuate to safe areas. Staging areas have been
established at the Farallone View Elementary School on LeConte and Kanoff in Montara or Half
Moon Bay High School on Lewis Drive in Half Moon Bay. You should be able to return to your
homes within six hours. Security patrols will prevent anyone from entering the evacuated areas.
Additional information is available on the Emergency Alert System. A tsunami information film is
being played on Channel 6 and will provide some useful information."
REFERENCES
Abe, K., Tsunami Propagation in Rivers of the Japanese Islands, Continental Shelf Research,
Volume 5, Number 6, February 1986.
Ayre, R.S. with D.S. Mileti, Earthquake and Tsunami Hazards in the United States: A Research
Assessment , Institute of Behavioral Science, University of Colorado, Boulder, CO, 1975.
Cox, D.C. and G. Pararas-Carayannis, Catalog of Tsunamis in Alaska, Environmental Data Service,
Boulder, CO, March 1976.
Garcia, A.W. and J.R. Houston, Flood Insurance Study: Tsunami Predictions for Monterey and San
Francisco Bays and Sound, Technical Report H-74-3, US Army Engineer Waterways Experiment
Station, Vicksburg, MS, May 1974.
Houston, J.R. and A.W. Garcia, Flood Insurance Study: Tsunami Predictions for Pacific Coastal
Communities, Technical Report H-74-3. US Army Engineer Waterways Experiment Station,
Vicksburg, MS, May 1974.
Houston, J.R., R.W. Whalin, A.W. Garcia, and H.L. Butler, Effect of Source Orientation and
Location in the Aleutian Trench on Tsunami Amplitude Along the Pacific Coast of the Continental
United States, Technical Report H-75-4, US Army Engineer Waterways Experiment Station,
Vicksburg, MS, July 1975.
Lida, K., D.C. Cox, and G. Pararas-Carayannis Preliminary Catalog of Tsunamis Occurring in the
Pacific Ocean, HIG 67-10, Data Report Number 5, Hawaii Institute of Geophysics, University of
Hawaii, Honolulu, August 1967.
Kowalik, Z., "Computation of Tsunami Amplitudes Resulting from a Predicted Major Earthquake in
the Shumagin Seismic Gap", Geophysical Research Letters, Volume 11, Number 12, December
1984.
McCulloch, D.S., "Evaluating Tsunami Potential", US Geological Survey Professional Paper 1360,
1985.
Murty, T.S., Seismic Sea Waves: Tsunamis, Bulletin 198, Department of Fisheries and the
Environment, Ottawa, Ontario, Canada, 1977.
Pararas-Carayannis, G., Catalog of Tsunamis in Hawaii, Environmental Data Service, Boulder. CO.
March 1977.
Sokolowski, T.J., "The Alaska Tsunami Warning Center's Responsibilities and Operations", Science
of Tsunami Hazard, Volume 3, Number 1, December 1985.
Soloviev, S.L., and Ch. N. Go, Catalogue of Tsunamis on the Western Shore of the Pacific Ocean,
(Canadian translation of Fisheries and Aquatic Science - Number 5077), Canada Institute for
Scientific and Technical Information, National Research Council, Ottawa, Ontario, Canada, 1984.
Soloviev, S.L., and Ch.N. Go, Catalogue of Tsunamis on the Eastern Shore of the Pacific Ocean,
(Canadian translation of Fisheries and Aquatic Science - Number 5078), Canada Institute for
Scientific and Technical Information, National Research Council, Ottawa, Ontario, Canada, 1984.
Upon notification of a Tsunami Watch, initiate recall of OES personnel and activate the Area
OES office Emergency Operations Center (EOC). The OES office EOC will be used as the initial
EOC for short period responses. If time permits, and if directed by the Area Coordinator, or if a
tsunami occurs, the full scale EOC will be activated.
Establish and maintain a Tsunami Master Log of all key information, contacts, actions taken,
and related information. Information in log should include time of event and point of contact (with
phone number).
Assemble available information on Tsunami Watch. Sources of Information:
• California State Warning Center
• California Coastal Region OES
• National Weather Service, Redwood City
• Alaska Tsunami Warning Center
• Pacific Tsunami Warning Center
Senior OES representative determines recommended initial course of action for jurisdictions and
agencies.
Conduct briefings for key personnel at Area OES or city EOCs as appropriate.
Assign off-duty San Mateo Area OES personnel as follows:
Area Coordinator and Assistant Area Coordinator to Redwood City
Public Information Officer to Redwood City
District Administrators (one each) to Pacifica and Half Moon Bay
Confirm that coastal communities and key agencies have received Tsunami Watch information
and have established procedures for evacuation of endangered areas. Relay to the communities and
agencies the recommended initial course of action and Area OES Point of Contact/phone number.
NOTE: Public Safety Communications is responsible to provide an initial alert to all affected
jurisdictions and agencies.
Seton Hospital
Alert American Red Cross (phone number) for possible opening of staging areas/shelters. The
designated shelters are:
- Terra Nova High School for Sharp Park / Fairway Park, Rockaway Beach, and Linda Mar/ Shelter
Cove
- Farallone View Elementary for the El Granada, Princeton by the Sea, Moss Beach, and Montara
areas
- Half Moon Bay High School for the Miramar, Highland Park, Half Moon Bay, and Martin's Beach
areas
- Pescadero High School for the Pescadero Area, San Gregorio, Franklin Point, and Ano Nuevo
beach areas.
Contact local press and provide brief on situation and area response:
Room B1 Command
Operations/Logistics
Planning
Establish and maintain a Tsunami Master Log of all key information, contacts, actions taken, and
related information. Information in log should include time of event and point of contact (with phone
number).
Senior Area OES representative determines recommended initial course of action to pass to
jurisdictions and agencies. Direct coordination with jurisdiction's Directors of Emergency Services
recommended for evacuations.
Conduct briefings upon arrival of key personnel at Area OES or city EOCs as appropriate.
Confirm that coastal communities and key agencies have received Tsunami Warning information
and have established procedures for evacuation of endangered areas. Relay to the communities and
agencies the recommended initial course of action and Area OES Point of Contact/phone number.
NOTE: Public Safety Communications is responsible to provide an initial alert to all affected
jurisdictions and agencies.
Seton Hospital
Alert American Red Cross (259-1750 or 202-0600) for opening of staging areas/shelters. The
designated shelters are:
- Terra Nova High School for Sharp Park / Fairway Park, Rockaway Beach, and Linda Mar/
Shelter Cove
- Farallone View Elementary for the El Granada, Princeton by the Sea, Moss Beach, and
Montara areas
- Half Moon Bay High School for the Miramar, Highland Park, Half Moon Bay, and Martin's
Beach areas
- Pescadero High School for the Pescadero Area, San Gregorio, Franklin Point, and Ano
Nuevo beach areas.
Contact local press and provide brief on situation and area response:
If requested by Director of Emergency Services at the Coastside EOC contact Westar Cable
System Emergency Coordinator (wk hm.) to prepare to initiate Tsunami Warning Video and
messages on Channel 17.
If requested by Director of Emergency Services at the Pacifica EOC contact TCI Cable System
Emergency Coordinator (PH, or after normal working hours, HM) to initiate Tsunami Warning
Video and messages on Channel 08.
Advise jurisdictions to maintain full evacuation until minimum of two hours after
arrival of last wave or upon ALL CLEAR. Additional waves may occur.
Prepare for major PIO effort to disseminate information to public about event.
Request County Public & Environmental Health departments inspect damaged areas to
ensure they are safe for residents.
Establishresponse priorities and mutual aid requirements. Keep Coastal Region and
State OES up-to-date on events in damaged areas.
Activation,
documentation, communication, and requests for assistance shall be in
conformance with SEMS utilizing RIMS.
1.10.1 GENERAL
The coastal area and the baylands of San Mateo County are vulnerable to tsunami flooding
when earthquakes occur in or around the Pacific Basin. To provide early warning of such
waves, the National Warning System (NAWAS) has two major monitoring stations:
- The West Coast/Alaska Tsunami Warning Center (Palmer, Alaska) is responsible for
reporting seismic movement along the North American Coast from the Aleutian Islands south
through Baja California.
- The Pacific Tsunami Warning Center (Honolulu, Hawaii) is responsible for reporting
seismic movement within the rest of the Pacific Ocean and coastal regions.
This plan describes actions to be taken by coastside and county agencies upon notification of
a Tsunami Watch or Warning. Fourteen areas with potential flooding problems have been
included in this plan. The areas threatened extend from Sharp Park State Beach in the north
to Ano Nuevo Point in the south. They include portions of the communities of Pacifica,
Montara, Moss Beach, Princeton by the Sea, Miramar, Half Moon Bay, Pescadero, and state
beach areas.
1.10.2 ASSUMPTIONS
The plan is based on the following assumptions:
• The tsunami threat in San Mateo county may be caused by a seismic event far from
California. A locally generated tsunami is unlikely.
• At least three to four hours warning time will be available to warn the public, evacuate
sensitive facilities, establish temporary shelters, and secure the coast area.
• After the arrival of the first wave, waves may continue to arrive at intervals for several
hours. Risk areas can be reopened two hours after the last observed wave, or two hours after
the Expected Time of Arrival (ETA) has passed without a wave coming ashore.
• Maximum wave height expected in this area is approximately 20 feet. This can vary
considerably from one location to another.
• Withdrawal of the sea may be a precursor to arrival of the wave.
• Intervals between successive major waves may be similar. If the second wave arrives 20
minutes after first, it is likely that a third wave (if there is one) would arrive 20 minutes after
the second.
• The first wave may not be the largest. The largest wave usually occurs within the first ten
waves.
• Watch is an announcement by the National Weather Service that a seismic event has
occurred in the Pacific and may have caused a tsunami.
The coordination and response actions by involved agencies and jurisdictions shall be
organized under the structure of the Standardized Emergency Management System (SEMS)
and Incident Command System (ICS).
The inundation map for each tsunami-threatened area shows the maximum potential flood
from tsunami action based on the Seismic Safety Element Geotechnical Hazard Synthesis
maps of the County General Plan, or more current information.
Within the inundation area, special institutions such as schools, hospitals, and nursing homes
are identified. Special procedures for warning, evacuation, and care of occupants should be
arranged by the local agency with incident command authority.
WATCH
A Tsunami Watch message is generated in one of two ways based on earthquake location:
• West Coast/Alaska Warning Center detects an earthquake with a magnitude of 6.5 or
greater generated along the North American Continent with a possible seismic sea wave with
an arrival time of greater than three hours
• Pacific Tsunami Warning Center detects an earthquake of magnitude 6.5 or greater in the
Pacific Basin with a possible seismic wave arrival time of greater than four hours
WARNING
A Tsunami Warning message is generated in one of two ways based on earthquake location:
• West Coast/Alaska Warning Station detects an earthquake of magnitude 6.5 or greater
along the North American Continent that may have generated a seismic sea wave with an
arrival time of less than three hours
• Pacific Tsunami Warning Center detects an earthquake of 6.5 magnitude or greater in the
Pacific Basin and a tsunami has been generated with an arrival time to be reported.
CANCELLATION
A cancellation message will be sent when all danger of seismic sea wave has passed.
District Administrators
- Recommend city EOC activation and disaster declaration as required
- Coordinate city EOC operations as directed
- Record damage assessment information
- Review supplemental information (ATTACHMENTS)
HazMat Specialist
- Analyze affected cities for potential HazMat incidents
- Assist with any HazMat mitigation efforts before tsunami arrival
- Respond to HazMat incidents if required
- Assist in city/Area EOC with HazMat response as required
- Review supplemental information (ATTACHMENTS)
ATTACHMENTS
A. Pre-Watch/Watch Message
B. Sample News Release (English and Spanish)
C. Tsunami Watch Message
D. Tsunami Warning Message
E. Tsunami Cancellation Message
F. Agencies Concerned with Tsunamis
G. Incident Command Responsibilities
H. Tsunami Time Curves (and Time-Conversion Table)
I. Tsunami Warning Video Tape Distribution
Information regarding seismic movement and the possible generation of seismic sea waves is
collected from the Pacific Tsunami Warning Station at Honolulu, Hawaii (HO) and the West
Coast/Alaska Warning Station at Palmer, Alaska (AL). The reports contain the following elements:
SAMPLE MESSAGE
Lines 1 - 2 Self-explanatory
Line 3 Refers to the arrival time of ground-transmitted seismic waves (NOT tsunami or tidal waves)
in Greenwich Mean Time (GMT or "Zulu") at the Palmer Observatory. Convert to
local time using ATTACHMENT H.
In the Sample Message "08" is the hour; “15" stands for minutes after the hour; and
"27” stands for seconds.
Line 4 Indicates the general location of the earthquake. Sometimes only a general direction or
approximate mileage will be given.
Residents of affected areas are urged to keep tuned to your local Emergency Alert System station
(KNBR 680; KGO 810; KCBS 740) for further information. People should stay away from low lying
coastal areas until further notice. A tsunami is a series of waves and may be dangerous for several
hours after the initial wave arrives at any particular point.
ADVERTENCIA
Un aguaje (maremoto) ha sido generado en el Oceano Pacifico y amenaza a nuestra costa maritima.
Se avisa a todos los residentes afectados alejarse del area y proceder a:
_________________________________________________________________________
(Enter name and address of mass care shelter)
Por favor permanezcan en el lugar indicado hasta que las autoridades les informen que pueden
volver a sus hogares.
Un aguaje no es una sola ola sino una serie de olas con fuerza mayor que las olas comunes. En 1964,
12 personas perecieron en un aguaje en Crescent City, California y otras 61 personas perecieron en
Hawaii durante el aguaje de 1961. En nuestra costa las olas de un aguaje pueden alcanzar hasta una
altura de 20 pies (6 metros).
Se encuentra usted en una area de riesgo de aguaje o inundacion? Esto significa que el fuerte oleaje
podria alcanzar o inundar esta area y se le advierte que para su seguridad abandone immediatamente
esta area y proceda a un lugar mas seguro hasta que los autoridades le informe que ha pasado el
peligro.
For information to all Sheriffs, Police Chiefs, California Highway Patrol, and Emergency Services
Directors of coastal cites:
Additional Information
Earthquake Location:____________________________
Latitude:____________________ Longitude:______________________
Vicinity of:________________________________________
Magnitude:_______________________
For information to all Sheriffs, Police Chiefs, California Highway Patrol, and Emergency Services
Directors of coastal cities:
Wave heights (these are not necessarily maximum) have been reported to (Alaska/ Hawaii) as
follows:
Place Height
__________ ____________
__________ ____________
__________ ____________
Additional Information
Earthquake Location:____________________________
Latitude:____________________ Longitude:______________________
Vicinity of:________________________________________
Magnitude:_______________________
For information to all Sheriffs, Police Chiefs, California Highway Patrol, and Emergency Services
Directors of coastal cities:
No tsunami reports have been received. No tsunami/seismic sea wave has been generated.
Warning/Watch status is canceled. All agencies assume all clear upon receipt of this message.
(Message Center)
Pillar Point Harbor Patrol
Emergency Medical Services
National Weather Service, Monterey
Environmental Health
San Mateo Parks and Recreation
Pacifica
Manager
Police
Fire
EOC
Pescadero
La Honda-Pescadero
Unified School District
Pescadero High School
CDF
CDF Felton
Crescent City
Eureka
Santa Cruz
9. Half Moon Bay residential areas Half Moon Bay Police Dept
R (Romeo) Washington EST 0100 0400 0700 1000 1300 1600 1900 2200
S (Sierra) Chicago CST 2400 0200 0500 0800 1100 1400 1800 2100
T (Tango) Denver MST 2300 0300 0600 0900 1200 1500 1700 2000
U (Uniform) San Francisco PST 2200 0100 0400 0700 1000 1300 1600 1900
V (Victor) Dawson 2100 2400 0300 0600 0900 1200 1500 1800
W (Whiskey) Anchorage 2000 2300 0200 0500 0800 1100 1400 1700
or Honolulu
Z (Zulu) England GMT 0600 0900 1200 1500 1800 2100 2400 0300
This plan augments the existing Santa Luisa Del Mar City Plan.
Concept of This plan or the applicable portions of this plan will be implemented
Operations as directed by the City Manager, Director of Office of Emergency
Services (OES), or Incident Commanders as appropriate.
Santa Luisa Del Mar has developed two working groups to address
tsunami response planning. One group is the Santa Luisa Del Mar
Tsunami Working Group (TWG) which addresses generic planning
concerns. The other group is the Tsunami Watch/Warning (TWWG)
Group, which deals with threat analysis, and notification issues and
which will also be activated during a threat/actual event.
Hazard Analysis According to the “Likelihood of Occurrence” Matrix from the Santa
for Tsunami Luisa Del Mar City Plan, tsunami is an infrequent hazard with
moderate severity for the city.
Management Management assignments are reflected in Unified Command and
SEMS.
Organizational The Santa Luisa Del Mar EOC will activate the appropriate SEMS
Structure functions based upon the tsunami threat or actual event.
Note: Santa Luisa Sheriff’s Department personnel will be requested
through mutual aid channels to provide support to Santa Luisa Del
Mar PD.
The Santa Luisa Del Mar Public Information Officer (PIO) has
developed some standardized tsunami response public information
messages that may be used during an event. The Santa Luisa Del
Mar PIO has also coordinated with media representatives regarding
tsunami awareness.
The Santa Luisa Del Mar Public Information Officer will be brought
into response planning activities as soon as practical during a
tsunami threat or actual event.
The Santa Luisa Del Mar EOC will have scheduled briefings for
EOC staff and other emergency response personnel.
The Santa Luisa Del Mar OES will be responsible for updates and
Office of Emergency maintenance of this plan.
Services
Santa Luisa Del Mar OES will be responsible for management of
EOC operations. The City OES will also provide staff for key
positions at other locations.
The City Budget Officer will oversee the finance operations within
Finance the EOC and will ensure that costs for a potential or an actual event
are tracked in a timely manner.
Operations See Unified Command and SEMS.
Fire Department The City Fire Department will be the lead for fire response,
hazardous materials events, and medical/rescue operations. The Fire
Department will provide support as necessary to the Police
Department. Existing procedures, such as the Santa Luisa Del Mar
HAZMAT procedures, will be modified and used where possible.
Public Works Public Works will serve as lead for damage assessment and will be
the representative for utilities concerns. Potential Public Works
activities:
Parks and Recreation will assist with fatalities management and care
Parks and Recreation and shelter issues. Potential care and shelter issues are:
Medical/Health City OES has worked with local hospitals, health care providers,
and the Santa Luisa County Health Department to develop a
separate medical plan for the tsunami response. This plan addresses
the following areas:
Medical/Health
• Modification of existing protocols to address tsunami response
issues
• Medical first responder guidelines
• Refresher training procedures
• Coordination with other disciplines, such as HazMat
• Technical support team requirements
• Mutual aid procedures
• Logistical support requirements
• First responder security and personal protection concerns
• Procedures to access privately owned and operated medical assets
• Decontamination procedures
• Mass casualty incident (MCI) concerns
Mental Health
• Staff training in disasters and tsunami and emergency
management
• Public information and mental health
• Mental health support services
• Mental health follow-up programs
• Integration of mental health with other programs
• Support to care and shelter and other operations
• Stress management programs for responders
City OES will provide staff for the situation and demobilization
Office of Emergency
units.
Services
Support Requirements The unit will be responsible for identifying supplies, services,
equipment, and facilities that will be required for both the
evacuation and response phases.
Data Bases As part of its planning effort, City OES has developed a resources
database for tsunami events. This database also identifies potential
shortfalls and indicates potential sources to remedy the shortfalls.
The database is a restricted use database.
Administration City Administration will serve as lead for the logistics section.
Police Department City PD will provide input on law enforcement logistical support
requirements.
Fire Department City Fire will provide input on fire and rescue, HazMat, and medical
logistical support requirements.
Public Works City Public Works will assist with logistics requirements for
evacuations.
Continuity of
It will be necessary to ensure continuity of day-to-day operations
Operations
during a potential threat or actual event. This includes payroll
processing, contracts management, and personnel actions.
Note: This is a generic master training schedule. At the beginning of the training year, training
coordinators will meet to identify the training emphasis and objectives.
This table describes the potential tsunami response organizations at different levels of government. It
is broken into two time periods: 1) preparedness and 2) notification of potential/actual event.
*Implement Evacuation Plans, Care & Shelter, Perimeter Security, SAR, etc. May proclaim a local
emergency and request State assistance.
• Threat notification and assessment within • Activation of EOCs (City and OA), REOCs,
law enforcement and emergency management and SOC as applicable.
community
• Activation of threat assessment • Identification of areas to be evacuated
organizations or agency. • Assessment of Consequences
• Implementation of Evacuation Plan
• First Responders deployed to evacuation
site(s).
• Activation of selected elements of the • Unified Command activated at evacuation
emergency response organization based upon site(s).
the situation and in accordance with SEMS.
May include partial activation of OA or city
EOCs, REOCs, or SOC.
• Alerting of key first responders at the local • Stage emergency equipment outside of
level, if warranted by situation. inundation area.
• Continued threat analysis.
• Refresher training, if applicable. • Review tsunami procedures
• Initiation of consequence management • Mutual Aid System activated as necessary
planning as applicable. (law, coroner, fire and rescue, HazMat,
medical/health, mental health, public works,
utilities).
• Issue public information bulletin. • Public information protocols and procedures
activated.
This may range from waiting for further information to phased evacuation
to total evacuation, as dictated by the situation.
No Warning/Event If there is no warning and an tsunami occurs, most of the steps indicated
Occurs above occur in more rapid succession - or almost simultaneously. When
the tsunami occurs, response is largely dependent on the nature of the
damage and the dimensions of its impact. The critical distinction must be
made: the location of the event is a still dangerous, more and or larger
tsunami may occur, carrying debris. While lifesaving and life safety are
always the pre-eminent considerations, every effort must be made to
evacuate the area, limit access and preserve life safety of inhabitants and
responders.
The agency responsible for issuing information and warnings on possible tsunamis is the National
Oceanic and Atmospheric Administration (NOAA), through the Tsunami Warning System. They
operate two Tsunami Warning Centers. California receives all information about a potential threat of
tsunamis from the West Coast/Alaska Tsunami Warning Center (WC/ATWC) in Palmer, Alaska.
Information regarding Pacific-wide tsunamis is also collected by the Pacific Tsunami Warning
Center in Ewa Beach, Hawaii. The operational objective of the Tsunami Warning System (TWS) in
the Pacific is to detect and locate major earthquakes in the Pacific region, to determine whether they
have generated tsunamis, and to provide timely and effective tsunami information and warnings to
the population of the Pacific. Information and warnings are expected to minimize the hazards of
tsunamis, especially to human life and welfare. To achieve this objective, the TWS continuously
monitors the seismic activity and ocean surface level of the Pacific Basin.
OPERATIONAL PROCEDURES
Functioning of the system begins with the detection, by any participating seismic observatory, of an
earthquake of sufficient size to trigger an alarm attached to the seismograph at the individual station.
Personnel at the station immediately interpret their seismograms and send their readings to PTWC or
WC/ATWC. After the earthquake has been located and magnitude determined, a decision is made at
the Warning Center concerning further action. If the earthquake is within or near the Pacific Ocean
basin and its magnitude is 6.5 or greater, but less than or equal to 7.5 (less than or equal to 7.0 in the
Aleutian Islands), then a Tsunami Information Bulletin is issued to the Warning System participants.
Tsunami Warning/Watch Bulletins are issued to the dissemination agencies for earthquakes of
magnitude greater than 7.5 (greater than 7.0 in the Aleutian Island region), alerting them to the
possibility that a tsunami has been generated and providing data that can be relayed to the public so
that necessary preliminary precautions can be taken.
If the earthquake appears to be strong enough to cause a tsunami and is located in an area where
tsunami generation is possible, PTWC or WC/ATWC will check water level data from automatic
DEFINITIONS
Regional Tsunami Warning: A bulletin, usually based only on seismic information, initially issued
as a means of providing the earliest possible alert to the population near the epicentral area of an
earthquake. It places a restricted area (2- to 3-hour tsunami travel time) in a condition that requires
all coastal areas in the region to be prepared for imminent flooding from a tsunami and is usually
based only on seismic information without tsunami confirmation. Subsequent warning bulletins,
which incrementally expand the warning area, shall be issued at least hourly, or when conditions
warrant, until upgraded to a Pacific-wide Warning or canceled.
Pacific-wide Tsunami Warning: A bulletin issued by the PTWC or the WC/ATWC after
confirmation has been received that a tsunami has been generated which has caused damage at
distances greater than 1000 kilometers from the epicenter and thus poses a threat to any populated
area within the Pacific Basin.
Regional Tsunami Watch: A bulletin issued initially using only seismic information to alert all
participants within 1 to 3 hours travel time beyond the tsunami warning area. The tsunami watch
area will be expanded hourly until it is either canceled or upgraded by issuing a Pacific-wide
warning. A Regional Tsunami Watch may be included in the text of the message that disseminates a
Regional Tsunami Warning.
(Note: Although Tsunami Watch and Tsunami Warning are defined separately for clarity, usual
operating procedures include both the Warning and the Watch in a single watch/warning bulletin.)
Appropriate Bulletins will generally be issued within 15 minutes of earthquake origin time for
earthquakes occurring within a Center's regional Area of Responsibility (AOR) and within 10
minutes of receipt of data necessary to characterize the earthquake for earthquakes occurring outside
of a Center's regional AOR. As initial warnings may be issued when tsunamis have not been
generated, warnings are limited in geographical extent until rapid confirmation of the existence or
nonexistence of a tsunami is obtained.
Regional Tsunami Warning/Watch Bulletin: A message issued initially using only seismic
information to alert all participants of the probability of a tsunami and advise that a tsunami
investigation is underway. The area placed in Tsunami Warning status will encompass a 3-hour
tsunami travel-time relative to the time of message issuance. Those areas within a 3 to 6-hour
tsunami travel-time will be placed in a Watch status. A Tsunami Warning/Watch will be followed
hourly by additional bulletins until it is either upgraded to a Pacific-wide Tsunami Warning or is
canceled.
Tsunami Message Bulletin: A message issued to advise participants of the occurrence of a major
earthquake in the Pacific or near-Pacific area. The message evaluates whether (a) A Pacific-wide
tsunami was not generated based on earthquake and historical tsunamis data. This will be the only
bulletin issued. No Pacific-wide tsunami warning is in effect; (b) An investigation is underway to
determine if a Pacific-wide tsunami has been generated. Additional bulletins will be issued hourly,
or sooner, as information becomes available. No Pacific-wide tsunami warning is in effect; or (c) No
destructive Pacific-wide tsunami threat exists. However, some areas may experience small sea level
changes. This will be the final bulletin issued unless additional information becomes available. No
Pacific-wide tsunami warning is in effect.
If the event occurs in the WC/ATWC area of responsibility and exceeds the WC/ATWC Regional
Warning threshold, but is less than the PTWC Warning/Watch threshold, an investigation will be
initiated by PTWC and additional Tsunami Information Bulletins will be issued until the
investigation is concluded.
Tsunami Communication Test Test messages are issued by PTWC at unannounced times on a
monthly basis to determine writer-to-reader delays in disseminating tsunami information, to test the
operation of the warning system by the evaluation of two-way communications with interactive
personnel response, and to keep communication operating personnel familiar with the procedures for
handling message traffic pertaining to the TWS.
2. If the epicenter is more than 6 hours travel time from any part of the
WC/ATWC area of responsibility, issue a Tsunami Advisory Bulletin.
OPERATIONS
WC/ATWC detects, locates, and computes magnitudes for major earthquakes in the entire Pacific
OES Local Planning Guidance on Tsunami Response
101
Basin region. For events equal to or greater than M6.5, WC/ATWC coordinates epicenter and
magnitude with PTWC. Bulletins issued by WC/ATWC and PTWC will contain statements telling
of the other center's actions. Only WC/ATWC has the responsibility to issue messages/bulletins to
Alaska, British Columbia, Washington, Oregon, and California. This includes warning, watch,
advisory and information bulletins. WC/ATWC can provide technical advice to emergency
managers within its area of responsibility. Data are provided to PTWC, NEIC, the Japan
Meteorological Agency, HMS Russia, and others.
Micro computers provide 24-hour monitoring and analysis of seismic data telemetered to
WC/ATWC from throughout North America and Hawaii. Locations and magnitudes are
automatically computed in as little as two minutes. Two independent systems provide primary and
back up reliability. Information is immediately transmitted via the NWWS and/or the NAWAS to
emergency managers on the West Coast, in Alaska, and British Columbia. Tide data is available in
real or near real time from throughout the Pacific.
Confirmation of the existence of a tsunami will be sought as rapidly as possible. ATWC will monitor
the recorded tsunami effects and issue a cancellation or supplemental bulletin as appropriate. If
negative or minor tsunami activity has been noted on the tide gauges nearest the earthquake
epicenter 30 minutes after the ETA, the warning status will be canceled. All bulletins will be updated
a least hourly.
Confirmation of the existence of a tsunami will be sought as rapidly as possible. WC/ATWC will
monitor the recorded tsunami effects and issue a cancellation or supplemental bulletin as
appropriate. If negative or minor tsunami activity has been noted on the tide gauges nearest the
earthquake epicenter 30 minutes after the ETA, the warning status will be canceled. All bulletins
will be updated a least hourly.
a. When any part of the WC/ATWC area of responsibility is within six hours tsunami travel time
from the epicenter, the Center will issue a tsunami warning covering an area with at least a 3-hour
wave travel time from the time of expected bulletin issuance and a tsunami watch extending for an
additional three hours travel time.
b. When the epicenter is more than six hours tsunami travel time distant from any part of the
WC/ATWC area of responsibility, the Center will issue a tsunami advisory bulletin.
Tide gauges throughout the Pacific will be monitored for confirmation of the existence of the
tsunami. WC/ATWC will either issue a cancellation, continue the advisory/watch/warning, or cancel
the watch/warning and change to an advisory bulletin if there is no danger to the WC/ATWC area of
responsibility but PTWC continues its watch/warning. The appropriate action will be based on the
tsunami history and actual wave observations. WC/ATWC will continue to monitor all tsunami
effects and keep California, Oregon, Washington, British Columbia, and Alaska advised until all
danger is past for any area of the Pacific.
a. An earthquake occurs with a magnitude of 6.5 or greater, but below the watch/warning thresholds
of A.4.2 through of A.4.5, within its area of responsibility.
b. An earthquake occurs with a magnitude equal to 6.5, but less than 7.5, outside its area of
responsibility.
BIBLIOGRAPHY
National Oceanic and Atmospheric Administration, Communication Plan for the
Tsunami Warning System
Governor’s Office of Emergency Services, Unified Command and SEMS: A Guide for
State and Local Government
Lori Dengler & Kathy Moley, Humboldt Earthquake Education Center, Department of
Geology, Humboldt State University, DRAFT Tsunami Curriculum
Unified Command
And SEMS:
A Guide for State & Local
Government
FINAL -- APPROVED
This document clarifies how local, state, and federal agencies can successfully
manage emergency incidents through the application of unified command at the field
level of the Standardized Emergency Management System (SEMS).
SEMS is mandated for state agencies, voluntary for local governments (but necessary
for reimbursement of response-related personnel costs), and not required for federal
agencies.
General Concept
The Response
Structure
State and local agencies use the Incident Command System (ICS) as the structure to
manage emergency incidents at the field level of SEMS. ICS incorporates the
concept of unified command when more than one agency is responsible for the
emergency incident. This system allows agencies to exercise their responsibilities
without compromising jurisdictional authorities.
B. Representatives
The unified command organization consists of the on-scene senior
representatives (agency incident commanders) from the various agencies with
responsibility for the incident.
C. Resources
D. Operations
Unified command resources stay under the administrative and policy control
of their agencies; however, operationally, resources are deployed by a single
Operations Sections Chief based on the requirements of the consolidated
action plan. Consolidated action plans identify objectives and strategy
determinations for the incident made by the unified command. The incident
objectives must adequately reflect the needs of all the jurisdictional agencies.
Interagency
Agreements
Agencies that will be partners in a unified command situation should, whenever
possible, establish agreements in advance of emergency incidents that identify
jurisdictional and functional responsibilities and delineate the elements of the unified
command structure. In addition, agencies should take every opportunity to exercise
the provisions of these agreements through periodic training and simulation drills.
Any process used by the unified command must permit the command team to develop
a consolidated action plan that adequately reflects the jurisdictional needs of the
agencies with responsibility for the incident. Unified command is based on the
presumption that all responsible agencies will cooperate in a collective effort to
mitigate an incident.
Summary
SEMS provides the structure for managing the response to multi-agency and multi-
jurisdiction emergencies in California and facilitates coordination among all
responding agencies. Within SEMS, ICS provides a flexible structure at the field
level for coordination of response activities which is geared to the needs of a specific
incident. Unified command allows agencies that have responsibility for an incident to
meet their statutory requirements through a coordinated process involving diverse
jurisdictional authorities.
1. Pursuant to Government Code Section 8607(d) all state agencies are required to
use the Standardized Emergency Management System (SEMS) to coordinate
multiple jurisdiction or multiple agency emergency and disaster operations.
2. Government Code Section 8607(e) requires a local agency to use SEMS in order
to be eligible for reimbursement of personnel-related response costs.
3. Under CCR, Title 19, Section 2403 there are five levels of the SEMS
organization. The field response level “commands emergency response personnel
and resources” to carry out “tactical decisions and activities in direct response to
an incident or threat.”
4. Under CCR, Title 19, Section 2405 emergency response agencies operating at the
field response level shall use the Incident Command System, incorporating the
functions, principles and components of ICS.
5. Under CCR, Title 19, Section 2402 emergency response agencies include “any
organization responding to an emergency....”
6. Pursuant to CCR, Title 19, Section 2407(c), “communications and coordination
shall be established between a local government EOC, when activated, and any
state or local emergency response agency having jurisdiction at an incident
occurring within a local government’s boundaries.”
7. Pursuant to CCR, Title 19, Section 2407(d), local government is to “use multi-
agency or inter-agency coordination to facilitate decisions for overall local
government level emergency response activities.”
8. Pursuant to Government Code Section 8616, during a state of emergency,
“outside aid” to a local government shall be rendered in accordance with
approved emergency plans.
9. Pursuant to Government Code Section 8618, unless otherwise expressly provided
by the parties, the responsible local official in whose jurisdiction an incident
requiring mutual aid has occurred “shall remain in charge at such incident,
including the direction of personnel and equipment provided him through mutual
aid.”
10. CCR, Title 19, Section 2405(a)(3)(C), defines the Unified Command structure as,
“...a unified team effort which allows all agencies with responsibility for the
incident, either geographical or functional, to manage an incident by establishing
a common set of incident objectives and strategies. This is accomplished without
losing or abdicating agency authority, autonomy, responsibility, or
accountability.”
11. The state has broad authority under the Emergency Services Act to address any
local need in a declared emergency if the conditions warrant. Government Code
Sec. 8614 states:
(a) Each department, division, bureau, board, commission, officer, and
employee of each political subdivision of the state shall render all possible
assistance to the Governor and to the Director of the Office of Emergency
Services in carrying out the provisions of this chapter.
Approved by the Standardized Emergency Management System Technical Group on May 15, 1999
Approved by the Standardized Emergency Management System Advisory Board on August 28, 1999.
NOTICE: This guideline is intended to provide information for State and local agencies for general planning
purposes. This guideline is primarily concerned with legal authorities for the actual imposition of evacuation,
curfew, or quarantines.
Many agencies or political subdivisions may provide input during an emergency situation under the authority
of the Standardized Emergency Management System regulations (Cal. Code Regs. tit. 19, § 2400 et seq.).
This guideline concentrates on those agencies or political subdivisions that have statutory or well-recognized
authority to actually issue evacuation, curfew, or quarantine orders.
I. BACKGROUND/ INTRODUCTION
Purpose The guidelines are intended to clarify and explain the legal authority that state
and local political subdivisions and public safety agencies may use to initiate,
maintain, and enforce restrictions on the movement of persons and property.
The guidelines focus on issues local government officials may face when
evaluating the potential evacuation of their populations in the event of an
emergency or disaster. As they face this decision, questions will arise as to a
local government’s authority to issue an evacuation order and the liabilities
associated with such an order. The guidelines provide background to these
questions.
Contents This guideline relates to evacuations, quarantines, and similar restrictions for all
types of emergencies. Specific guidelines for flood-related evacuations may be
found in Legal Guidelines for Flood Evacuation. This guideline expands upon
Legal Guidelines for Flood Evacuation by including other types of emergency
situations.
Guidelines This document is intended for use strictly as a guide, and should not be
construed as providing legal advice. The guidelines are not inclusive of all legal
issues that may arise during an emergency, and discuss only issues likely to
arise during the course of an evacuation, quarantine, or similar action during an
emergency. Before ordering an evacuation, quarantine, or other action,
government officials or agencies should consult with appropriate legal counsel.
Update and This document will be updated and reviewed periodically by the Governor’s
Revision Office of Emergency Services in cooperation with the California Department of
Justice.
FINANCE 83
LIKELIHOOD OF OCCURRENCE AND SEVERITY 89
WHO HAS THE AUTHORITY TO USE POLICE POWERS TO RESTRICT THE MOVEMENT OF PEOPLE
AND PROPERTY? 123
Generally, the local governing body, or whomever the local governing body has authorized to restrict the movement
of people and property during an emergency is primarily responsible for ordering an evacuation, quarantine, curfew,
or other restriction on travel. This authorization may be in the form of an ordinance, resolution, or order that the local
governing body has enacted. 123
A. COUNTIES 124
County Sheriff 125
Note: 126
B. CITIES 126
Chief of Police 128
WHAT IS THE BEST WAY TO RECEIVE EXPANDED IMMUNITY PURSUANT TO THE EMERGENCY
SERVICES ACT? 149
V. EVACUATIONS 162
ARE THERE ALTERNATIVES TO EVACUATING UNDER § 409.5? 166
WHAT ARE THE DUTIES THAT ARISE DURING A RIOT, ROUT, OR UNLAWFUL ASSEMBLY?............213
WHAT PROTECTIONS DOES THE TORT CLAIMS ACT OFFER TO PUBLIC ENTITIES WHEN AN
EVACUATION IS NOT ORDERED UNDER THE EMERGENCY SERVICES ACT? 221
A. The primary authorities cited in this document are derived from the California
Constitution, Government Code, Penal Code, Emergency Services Act, and case
law.
A. The authority to control the movement of persons and property arises from the
police power of the state. The police power enables governments to take action
for the good of the public -- governing bodies may enact laws, ordinances, or
regulations to protect the health, safety, morals, or general welfare of the
population.1 Of course, the police power is used everyday for building
restrictions, licensing, and other similar activities. Similarly, the police power
also provides governing bodies with flexibility to meet emergency situations.
California Constitution
Local governing bodies derive their basic powers from the state Constitution,
just as the state entities do.3 California’s Constitution expressly authorizes
counties and cities to make and enforce all local, police, sanitary and other
laws.4
1
Fitts v. Superior Court, (1936) 6 Cal. 2d 230, 234.
2
In re Ramirez (1924) 193 Cal. 633
3
Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28, 36.
Statutory Authority
The state constitution expressly empowers local governments to create rules and
to enforce any non-conflicting regulation. The legislature has codified this
constitutional intent for the counties to have the powers of the state, including
the power to regulate movement of people and property.
Government “The several existing counties of the State and such other
Code § 23002 counties as are hereafter organized are legal subdivisions of
the State.”
Police Powers Pursuant to the police power, the Legislature has enacted specific statutes
During an pertaining to the movement of persons and property. Even so, the police power
Emergency does not require statutory enactment for authorities related to exigent
circumstances.
The Courts of the United States and California have provided rulings defining
the limits of the police power. Essentially, the extent of the police power is
proportional to the extent of the emergency. Police powers flow from the law
of necessity, and “in an emergency, the scope of permissible regulation may
increase.”5
4
Cal. Const. art. XI, § 7.
5
Adkins v. State of California, (1996) 50 Cal.App.4th 1802, 1810.
Emergency The California Emergency Services Act” and the Standardized Emergency
Services Act Management System have a specific definition of an “emergency:8
Definition
“...conditions of disaster or of extreme peril to the safety of persons and
property...” 9
The conditions that cause an emergency may be natural or human caused. For
example, the California Emergency Services Act specifically enumerates the
following conditions:10
• air pollution,
• fire,
• flood,
• storm,
• epidemic,
• riot,
• drought,
6
Los Osos Valley Associates v. City of San Luis Obisbo, (1994) 30 Cal. App. 4th 1670, 1681.
7
Los Osos at 1673; County Sanitation Dist. No. 2 v. Los Angeles County Employee’s Assn. (1985) 38 Cal.
3d 564, 586, 592 cert. denied 474 U.S. 995 (1985).
8
Cal. Govt. Code § 8558, Cal. Code Regs., tit. 19, § 2402(e).
9
Cal. Govt. Code § 8558(b), (c) (Describing “state of emergency” and “local emergency.”).
10
Cal. Govt. Code § 8558.
Penal Code The Penal Code provides a further definition of emergency as “any condition
Definition which results in, or which could result in the response of a public official in an
authorized emergency vehicle, or any condition which jeopardizes or could
jeopardize public safety and results in or could result in, the evacuation of any
area, building, structure, vehicle or of any other place which individuals may
enter.”11
11
Cal. Penal Code § 148.3(c) (defining false report of an emergency).
A. The Governor, delegates of the Governor, local governing bodies and their
designated representatives, statutorily designated law enforcement agents, and
statutorily authorized government employees have the authority to restrict the
movement of people and property in an emergency situation.
Local government may enact legislation under the authority of the state’s police
power. Local law enforcement agencies may be used to enforce or assist in the
implementation of the legislation.
Some of the legal subdivisions of the state that have the authority to restrict
movement of people and property are:
A. COUNTIES
Authorities:
• All the counties of this state are deemed to be legal subdivisions of the
state.12
• Case law establishes that a county exercises only those powers that are
granted by the state. 13
• Counties are not municipal corporations since counties are not, like
municipal corporations, incorporations of the inhabitants of specified
regions for purposes of local government.14
• Any county may make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with the
general laws.15
• All counties have the power to promote the public health and general
welfare of its citizens.16
12
Cal. Const., Art. II, § 1; Cal. Govt. Code § 23002.
13
Marin County v. Superior Court of Marin County (1960) 563 Cal. 2d 633.
14
In re Miller’s Estate (1936) 5 Cal. 2d 588; Dillwood v. Riecks (1919) 42 Cal. App. 602.
15
Cal. Const. Art II, § 7.
16
Goodall v. Brite, (1936) 11 Cal. App. 2d 540.
17
Cal. Govt. Code §§ 25, 207.5.
County Sheriff The Sheriff shall prevent and suppress any affrays, breaches of
the peace, riots and insurrections which come to his
knowledge, and investigate public offenses which have been
committed.20
The Sheriff also has the responsibility for closing areas to the
public21 and consequently to order an evacuation. (see later
discussion of Penal Code § 409.5).
18
Cal. Const. Art. XI, §§ 4(g), (h).
19
Pearson v. Los Angeles County (1957) 49 Cal.2d 624; Shean v. Edmonds (1948) 89 Cal. App. 2d 315.
20
Cal. Govt. Code § 26602.
21
Cal. Penal Code §§ 409, 409.5, 409.6.
B. CITIES
Authorities:
• The state legislature is the entity that prescribes the procedures for city
formation and provides for city powers.24
• A city charter may provide for that city having the power to make and
enforce all ordinances and regulations in respect to municipal affairs,
subject only to those restrictions and limitations provided in their charter
and in respect to other matters, the city shall be subject to the general laws.25
22
Cal. Govt. Code §§ 22620-22623.
23
Cal. Const. Art. XI, § 4.
24
Cal. Const. Art. XI, § 2(a).
25
Cal. Const. Art. XI, § 4(a).
• A city may adopt regulations designed to promote the health and welfare of
the people.27
26
Cal. Const. Art. XI, § 7.
27
DeAryan v. Butler (1953) 119 Cal. App. 2d 674; cert. denied 74 S.Ct. 863.
28
DeVita v. County of Napa (1995) 9 Cal. 4th 763.
Just like the Sheriff, the Chief of Police has the power to close
areas to the public and consequently to order an evacuation.
(See later discussion of § 409.5)
A. There are six specific statutes, in addition to the California Emergency Services
Act, that provide methods for enforcing the restriction on movement of people
and property.
Penal Code Provides for punishment of persons interfering with firefighters or rescue
§ 148.2 personnel during the discharge of their duties. Also makes it an offense to
disobey orders given by firefighters or other public officers.
Penal Code Pertains to interfering with personnel at the scene of an emergency. Similar to
§ 402 Penal Code § 148.2, specifically broadens the conditions and types of personnel
protected by the statute.
Penal Code Prohibits persons from remaining in the area of a riot or an unlawful assembly,
§ 409 after being warned to disperse.
Penal Code Provides that law enforcement has authority to control or manage an accident
§ 409.3 scene except for patient care.
29
Cal. Govt. Code § 41601.
30
Cal. Govt. Code § 41611.
This section is primarily used when people interfere with emergency measures
implemented by a public safety agency. There are four chargeable conditions
under this section.
First, every person that intentionally resists or interferes with fire department
personnel or emergency rescue personnel discharging their duties may be
charged for this crime.31
Second, a person may be guilty under this section if he or she disobeys the order
of any firefighter or public officer.32
Fourth, a party who exerts influence on another person to delay or hamper the
extinguishment of a fire may be charged under this section.34
Exception to § A private paramedic is not considered “emergency rescue personnel” for the
148.2 purposes of § 148.2.36
Penal Code section 402 provides that interfering with personnel at the scene of
an emergency is a criminal act.
31
Cal. Penal Code § 148.2.1.
32
Cal. Penal Code § 148.2.2.
33
Cal. Penal Code § 148.2.3.
34
Cal. Penal Code § 148.2.4.
35
Cal. Penal Code § 245.1
36
People v. Olsen (1986) 186 Cal. App. 3d 257.
The term “emergency,” as explained in section 402 (c), means any incident that
involves injured persons, property damage, or a threat to the safety of persons or
property.
Penal Code section 409 provides that failure to disperse from the area of a riot
or an unlawful assembly is a criminal act.
“Every person remaining present at the place of any riot, rout, or unlawful
assembly, after the same has been lawfully warned to disperse, except public
officers and persons assisting them in attempting to disperse the same, is guilty
of a misdemeanor.”
The legislature intended that this section and related sections provide the means
for officers to control any willful and malicious obstruction of the public’s free
use of a public way.37
Penal Code section 409.5 provides that specified law enforcement officers may
close or restrict access to an area in the event of a disaster.
Advantages/ Limitations
37
In re Bacon (1966) 49 Cal. Rptr. 322.
38
People v. Anderson (1931) 117 Cal. App. 763.
39
People v. Sklar (1930) 111 Cal. App. Supp. 776.
The agencies and persons that have the authority to restrict the movement of
people and property under Penal Code § 409.5 are:
Other Subdivisions (c) and (d) of section 409.5 pertain to unauthorized persons
Subdivisions entering or refusing to leave a closed area. These sections also pertain to
restricted entry into a closed area by members of the media, the general public,
and affected residents.
“Any unauthorized person who willfully and knowingly enters an area closed
pursuant to subdivision (a) or (b) and who willfully remains in the area after
receiving notice to evacuate or leave shall be guilty of a misdemeanor.
409.5(d)
Restricted entry into a closed area for media and residents.
The media’s statutory right of access to disaster areas was clarified in the case
of Leiserson v. City of San Diego in 1986. One of the issues in the case was
whether a member of the media could have their access restricted because the
area was “unsafe” to enter. The court reasoned that “press representatives must
40
Leiserson v. City of San Diego, (1986) 184 Cal. App. 3d 41, 51.
41
L.A. Free Press v. City of Los Angeles (1970) 9 Cal. App. 3d 448, 451.
42
67 Ops. Cal. Atty. Gen. 535 (1984).
Evacuation Rather than relying on Penal Code § 409.5, the local governing body should
order consider issuing an evacuation order that specifies the following:
Penal Code section 409.6 differs slightly from section 409.5, most noticeably in
that it expressly authorizes the use of reasonable force to remove an
unauthorized person from the closed area.
Volcanoes are covered under this section because of the potential for avalanches
resulting from a volcano’s pyroclastic flow. Pyroclastic flows are streams of
hot ash and rock fragments, mixed with hot air and other gases, that move
rapidly along the ground surface. Pyroclastic flows can occur when a large
mass of rock avalanches from the side of a volcanic dome.43
43
Volcanic Hazards (1987) U.S. Govt. Print. Off. 194 - 389.
The law enforcement officers may close the area that threatens the public, and
may also close the area surrounding any emergency field command post or any
other command post regardless of whether that command post is located near
the avalanche.44
Differences Penal Code 409.6 is similar to section 409.5 except that it applies specifically to
between 409.5 avalanches, including snow, mud, and volcanic. This section would also apply
44
Cal. Penal Code § 409.5(b).
Alternative As with Penal Code § 409.5, the option remains to have the
officer order the evacuation, and should that person refuse to
leave the area, the officer could arrest that person under Penal
Code § 148.
State Section 8550 codifies the legislative intent that the state is responsible to
responsibility mitigate the effects of those emergencies “which result in conditions of disaster
or in extreme peril to life, property, and the resources of the state, and generally
to protect the health and safety and preserve the lives and property of the people
of the state.” This section also confers emergency power on the Governor, the
Director of the Office of Emergency Services, and the chief executives and
governing bodies of political subdivisions of this state.
A. Mutual Aid may be rendered under the authority and protection of the
Emergency Services Act even though a local emergency has not been
proclaimed. There must exist an emergency affecting life and property of such
a magnitude that the local entity is unable to combat it with its available
resources, and outside assistance is required. That outside assistance is termed
“mutual aid”45 for the purposes of the Emergency Services Act.
Master The Emergency Services Act does not specifically define “mutual aid.”47
Mutual Aid Instead, the Act merely references the Master Mutual Aid Agreement, approved
Agreement emergency plans, and the authority for rendering such aid during a war
emergency or state of emergency.48
Mutual aid must be consistent with the Master Mutual Aid Agreement and the
Standardized Emergency Management System.49
The Master Mutual Aid Agreement suggests that mutual aid means the
interchange of services and facilities on a local, county-wide, regional, state-
wide and interstate basis to combat the effects of disasters which may result
45
Cal. Govt. Code § 8559
46
Soto v. California (1997) 56 Cal. App. 4th 196.
47
Cal. Govt. Code §§ 8615-8618.
48
Cal. Govt. Code §§ 8560, 8561, 8615, 8616.
49
Cal. Govt. Code § 8617, Cal. Code Regs. tit. 19, § 2415(c).
50
Cal. Govt. Code §§ 8560, 8561, 8617.
A. The immunities of the “Emergency Services Act” provide more protection than
those offered by the “State Tort Claims Act.” In the event of litigation,
however, a local government will have to establish that it was acting in
accordance with the Emergency Services Act” in order to use its protection.51
The easiest way to prove a local governing body was acting underneath the
protection of the Emergency Services Act is when a “state of local emergency”
has been proclaimed by the local governing body.
Proclaim If there are grounds for proclaiming a “local emergency,” for a number of
early reasons, proclaim it at the earliest possible time. By doing so, the proclamation
provides for the following:
For example:
No Local If a state of local emergency is not proclaimed, then the only remaining
Proclamation authorities that would allow restrictions on the movement of people and
property would be statutorily authorized officials, and the governing body’s use
of the police power. Additionally, in order for a local agency to receive the
immunity afforded by the Emergency Services Act, the parties would have to
establish that mutual aid was provided in accordance with the act. This would
require proving that the emergency response was accomplished in accordance
with the State Emergency Plan, the Master Mutual Aid Agreement, or local
mutual aid agreements or plans.55
Actions under If a local government entity were to be sued, it would have to establish that it
the ESA was acting under the provisions of the Emergency Services Act in order to
receive the protection offered by the Emergency Services Act. Although a
proclamation of an emergency is not a prerequisite to establish that actions
occurred pursuant to the ESA, such a proclamation facilitates establishing that
the ESA applies.
53
Cal. Govt. Code § 8634.
54
Cal. Govt. Code § 8665.
55
Cal. Govt. Code §§ 8560 et seq.
A. The best way to insure that a local government or agency is protected by the
immunities of the Emergency Services Act is to:
“All mutual aid systems and agreements shall be consistent with SEMS and the
Master Mutual Aid Agreement.”57
Mutual aid On occasion, there may be assistance rendered according to local agreement, or
outside OES merely a request for assistance, without utilizing the formalized OES mutual aid
procedures procedures. This often occurs within an operational area.
A. All state agencies are required to use the Standardized Emergency Management
System for coordination during either multiple jurisdiction or multiple agency
emergency and disaster operations.60 The use of SEMS is not mandatory for
56
Cal. Govt. Code §§ 8560, 8568, 8569.
57
Cal. Code Regs., tit. 19, § 2415(c).
58
Cal. Govt. Code §8559(b).
59
Cal. Health & Safety Code § 13863.
60
Cal. Govt. Code § 8607(d).
DESCRIPTION OF SEMS
SEMS provides the framework for coordinating state and local government
emergency response in California using the existing incident command system
and mutual aid agreements. It consists of five
organizational levels, five main functions, mutual aid, the Incident Command
System, multi/inter-agency coordination, and the operational area concept.
Field level - includes those entities which manage and coordinate response at
the emergency scene.
Local level - manages and coordinates county, city, or special districts (which
in turn manage and coordinate the field levels).
Operational areas - manage and coordinate at the local level (essentially all
local governments within the geographic boundary of a county).
61
Cal. Govt. Code § 8607(e).
Because the state has preempted the entire field of traffic control, any right of a
local authority to interfere with the free flow of traffic, such as closing a street,
must be derived from an express delegation of authority from the Legislature.62
The same police power that allows for the closure of a road also imposes a duty
to allow the movement of people and property as soon as possible, because that
is the primary purpose of the roadway.63
Authorities:
62
Cal. Vehicle Code § 21; 75 Ops. Cal. Atty. Gen. 80 (1992).
63
People v Uffindell (1949) 90 Cal. App. 2d Supp. 881, 883, 202 P.2d 874, 876.
General rule A local legislative body having authority to adopt local police regulations may
close a street when the local authority that has jurisdiction determines it is
necessary for the safety and protection of persons using the street during the
closure.64 Signs must be posted at all entrances of the affected section before
the closure may take effect.65
64
78 Ops. Cal. Atty. Gen. 65, fn. 2 (1995).
65
Cal. Health & Safety Code § 21103
County The Board of Supervisors of a county may restrict traffic or close any county
Highways highway whenever the board determines those actions are necessary to protect
the public or to protect the highway from damage during a storm.67 The Board
of Supervisors may delegate their authority to the county road commissioner.68
66
Cal. Streets and Highways Code § 124.
67
Cal. Streets and Highways Code § 942.5
68
Cal. Streets and Highways Code § 942.6
WATERWAYS.
A state may exercise its police powers in regulating the use of navigable waters
within its borders in the absence of federal preemption.71 The California
69
Cal. Vehicle Code § 2812
70
Cal. Vehicle Code § 2812.5
71
80 Ops. Cal. Atty. Gen. 311 (1997).
72
See Protocol for Closure of Delta Waterways, State of California, Office of Emergency Services, November
1997
73
45 Ops. Cal. Atty. Gen. 122, 128 (1965)
74
Cal. Water Code §§ 128, 6100.
75
Cal. Pub. Res. Code § 4165(a).
76
Cal. Vehicle Code § 2801.
77
Cal. Pub. Res. Code § 4165(b), (e).
The United States Coast Guard has exclusive jurisdiction over incidents
occurring at sea. The Coast Guard may also act in supporting roles to assist
other jurisdictions in inland or near shore responses.
AIRPORTS.
78
NORML v. Mullen (1985) 796 F.2d 276.
79
United States Const., art. VI, cl. 2; 49 U.S.C § 40101 et seq.
The National Transportation Safety Board is the federal entity responsible for
investigating aviation crashes.80
80
49 U.S.C § 1101 et seq.
In order to protect natural resources, among other reasons, the United States
Bureau of Land Management may temporarily prevent public use of federal
lands within the State of California.81
81
63 Ops. Cal. Atty. Gen. 115 (1980).
82
67 Ops. Cal. Atty. Gen. 535 (1984).
NUCLEAR INCIDENTS83
83
See generally, Price-Anderson Act, 42 U.S.C. § 2011 et seq.
84
42 U.S.C. §§ 2014(w), (gg), 2210(q).
A. Authorities:
• Police Power
• Health and Safety Code § 115885
• Penal Code § 409.5
The local health officer may restrict the use of, or close all or a portion of a
In the event of an untreated sewage release adjacent to a public beach, the local
health officer shall close the beach and waters until the area is within safe
standards.86
V. EVACUATIONS
For the purpose of this guideline, an evacuation is considered a control on the
movement of people and their property. An evacuation may be a voluntary
85
Cal. Health & Safety Code § 115880, 115885.
86
Cal. Health & Safety Code § 115880, 115885.
Penal Code § Section 409.5 provides that specified law enforcement officers may close or
409.5 restrict access to an area in the event of a disaster. This is the most common
method used to initially order an evacuation, and is usually used prior to a
resolution by the local governing body.
Issues Instead of forcibly removing persons from an area ordered evacuated, many
jurisdictions merely warn the person and either have them sign a release of
liability or fully document the notice given and the citizen’s refusal to leave.
There are potential problems with this method, such as questions of whether
Another Occasionally a person may refuse to evacuate an area, and may advise others to
Alternative do the same. Under some circumstances, that person may be subject to arrest
for violation of criminal statutes such as child endangerment, cruelty to animals,
suicide, and others.87
87
Cal. Penal Code §§ 273a, 273d, 401, 597.
Penal Code Penal Code section 409.5 authorizes officers of the highway patrol, police
§ 409.5 departments, marshal’s office or sheriff’s office and certain other statutorily
designated law enforcement officers to close an area whenever there is a
menace to public health or safety.
Penal Code Penal Code section 409.6 authorizes officers of the highway patrol, police
§ 409.6 departments, marshal’s office or sheriff’s office and certain other statutorily
designated law enforcement officers to close an area whenever there is a
menace to public health or safety caused by an avalanche or the potential for an
avalanche.
Section 409.6 expressly provides for the use of reasonable force to remove
State of local Even though a local governing body has inherent policy powers to protect the
emergency health and safety of its people, Government Code § 8558(c) and § 8630
authorize the local governing body to proclaim a “state of local emergency”
pursuant to the Emergency Services Act.
When a “state of local emergency” has been proclaimed, the local governing
body may issue orders and regulations “necessary to provide for the protection
of life and property.”88 An order for mandatory evacuation would be authorized
under that section. Failure to comply with such an order is a misdemeanor
providing imprisonment for up to six months and/ or a fine of up to $1,000.89
88
Cal. Govt. Code § 8634.
89
Cal. Govt. Code § 8665.
If the local governing body wishes to empower a particular official with the
authority to proclaim an emergency, this should be done by ordinance prior to a
potential emergency. This provides for a smoother transition than would
otherwise normally exist under emergency circumstances.
90
Cal. Govt. Code § 8630.
One advantage offered by this method is that the appropriate authorities will
immediately be empowered to act upon the proclamation of a local emergency,
reducing response time, and allowing for pre-planning of an emergency
response.
The Governor may also amend or rescind existing orders and regulations.94 The
Governor may suspend any regulatory statute, any statute prescribing the
procedure for conducting state business, or the orders, rules, or regulations of
any state agency.
Local public officials and employees are required to render all possible
assistance to the Governor during a “state of emergency.”95 The ordinances,
orders, and regulations of a political subdivision continue in effect during a state
of emergency unless suspended or superseded by an order issued by the
Governor.96
Thus, the Governor may choose to either assume responsibility for the issuance
of mandatory evacuation orders or abide by the mandatory evacuation orders
issued by the affected political subdivision.
Note: Review the city charter to determine what powers the local
government possesses. The city may already have
independent powers to take certain emergency response
actions, providing that those actions do not conflict with any
state statutes.
91
Cal. Govt. Code §§ 8655 et. seq.
92
Cal. Govt. Code §§ 8558(b), 8625.
93
Cal. Govt. Code §§8567, 8627, 8627.5, 8628.
94
Cal. Govt. Code § 8567.
95
Cal. Govt. Code § 8614.
96
Cal. Govt. Code § 8614.
97
Cal. Govt. Code § 8634.
VI. CURFEWS
For the purpose of this guideline, a curfew is a restriction on movement of
persons or property based on time of day factors. Usually restrictions on the
freedom to travel in public areas are considered intrusions by the state that are
protected against by the Due Process Clause of the Fourteenth Amendment.99
However, the government may limit an individual’s freedom under exigent
circumstances if necessary to promote the general public’s safety. For example,
an insurrection or riot is an instance where the government’s interest in safety
outweighs a person’s right to assemble, speak or travel in public areas as long as
the imminent peril of violence exists.100
Curfews may also be justified after natural or manmade disasters for other
public safety reasons:
98
Cal. Govt. Code § 8614(c).
99
Papachristou v. Jacksonville, (1972), 405 U.S. 156.
100
In re Juan C. (1994) 28 Cal. App. 4th 1093, 1101, 33 Cal. Rptr. 2d 919, 923.
101
In re Juan C. (1994) 28 Cal. App. 4th 1093, 1099.
102
Bykofsky v. Borough of Middletown (1976) 429 U.S. 964, 965 cert. denied (dissent Justices Marshall and
Brennan)
103
United States v Chalk (4th Cir. 1971) 441 F. 2d 1277. cert. denied 404 U.S. 943.
A. There are several statutory authorities that expressly allow for the
implementation of a curfew. These authorities are in addition to the inherent
police powers delegated to the local political subdivisions by the state
legislature.104
The Emergency Services Act provides that during a local emergency, the local
104
Cal. Govt. Code § 8634.
Under § 8634 of the Emergency Services Act, there are three sources of a
curfew proclamation. These sources include: the local governing body, an
official designated by the local governing body, or the Governor.
105
Cal. Govt. Code §§ 8567(a), 8627.
A local governing body is the legislative body, trustees, or directors of any city,
city and county, county, district, or other local government agency or public
agency authorized by law.106
The local governing body may order a curfew, after a local emergency has been
proclaimed, if the curfew is necessary to preserve public order and safety.
Designated Official
106
Cal. Govt. Code § 8557(c), (d).
107
Cal. Govt. Code § 8630.
The designated official of the local governing body may order a curfew after a
local emergency has been proclaimed, if the curfew is necessary to preserve
public order and safety.
Governor
During a state of emergency, the Governor has complete authority over all of
the state government and the right to exercise all police powers of the state.108
The Governor has the authority to make, amend, or rescind a curfew initiated by
a local government under a local emergency, because a local government’s
authority flows from the state. California Govt. Code § 8627 vests all of the
state’s police power in the Governor during a state of emergency.
108
Cal. Govt. Code § 8627.
Additionally, the Governor also has the authority to make, amend and rescind
orders and regulations to carry out the provisions of the California Emergency
Services Act.111 Under this section, there are no restrictions limiting the
109
Cal. Govt. Code § 8625(a).
110
Cal. Govt. Code § 8558(b).
111
Cal. Govt. Code § 8567(a).
Health & The department of Health Services may take measures as necessary to
Safety determine the nature of any contagious, infectious, or communicable disease
§ 120140 and prevent the disease from spreading. Additionally, the department may take
possession or control of any living person.
112
Cal. Govt. Code § 8634.
Must be A curfew must be in writing. This includes all orders and regulations regarding
written the curfew, and amendments to the original curfew. Additionally, when the
curfew restriction is lifted, the rescission of the curfew must also be in
writing.113
Must provide An additional requirement of a curfew order is that the orders and regulations
widespread concerning the curfew must be given “widespread publicity and notice.”114
113
Cal. Govt. Code § 8634.
114
Cal. Govt. Code § 8634.
Must not be For an emergency curfew regulation to withstand a facial vagueness challenge
vague under the due process clause, there are two basic requirements:
115
People v Richardson (1994) 33 Cal. App. 4th Supp. 11.
The regulation must provide sufficiently definite guidelines for the police in
order to prevent arbitrary and discriminatory enforcement.116 In other words,
concern that law enforcement might exercise their discretion in an unlawful
manner, such as based on a person’s race or economic status, would render an
otherwise well defined statute unconstitutionally vague.117 Concern would be
caused on a showing of evidence that the curfew law was discriminatorily or
arbitrarily enforced.118
116
Id.
117
People v. Superior Court (1998) 46 Cal. 3d 381, 397-398.
118
People v Richardson (1994) 33 Cal. App. 4th Supp. 11, 17.
119
People v Monroe (1993) 12 Cal. App. 4th 1174, 1193.
Legislation Because some persons and activities are required and necessary during a
should not be curfew, such as police activity, firefighting, media reporting, these categories
inclusive should be specified. However, if an inclusive list is created, the curfew might
be found to be unconstitutional because of people that have good cause to be on
the streets are not included in the list of examples, such as homeless people.
First, the curfew order must be carefully drafted to prevent being invalidated or
later found to be unconstitutional.
120
Roe v. Wade (1973) 410 U.S. 113, 155-156.
121
In re Juan C. (1994) 28 Cal. App. 4th 1093, 1100.
122
See generally, In re Juan C. (1994) 28 Cal. App. 4th 1093.
Second, the order should clearly describe what conduct is to be prohibited, and
must sufficiently define the offense so that ordinary people can understand the
order.123 The language of the curfew order should clearly define:
123
Nunez v. City of San Diego (9th Cir. 1997) 114 F.3d 935.
For example, when describing a boundary, use “the area bounded by the
Caldera river on the south, H street on the north, 22nd street on the east, and 47th
street on the west”, rather than “The Hollyhock neighborhood.”
When describing the restrictions of time, do not use military time such as “1800
Enforcement Standards
124
Nunez v. City of San Diego (9th Cir. 1997) 114 F.3d 935.
Designated Boundary
The boundary must be clearly defined in order to allow for adequate notice of
expected conduct.
VII. QUARANTINES
125
In re Juan C. (1994) 28 Cal. App. 4th 1093, 1100.
Q. IS A QUARANTINE CONSTITUTIONAL?
126
Cal. Code Regs. Tit. 17, § 2500 (similar definition).
Even though the right to travel within the United States is constitutionally
protected, that right may be limited when a community’s safety and welfare is
threatened because of disease.129
127
Morgan’s L. & T.R. & S.S. Co. v. Bd. of Health (1886) 118 U.S. 455; Compagnie Francaise de Navigation a
Vapeur v. State Bd. of Health (1902) 186 U.S. 380.
128
Compagnie Francaise de Navigation a Vapeur v. State Bd. of Health (1902) 186 U.S. 380.
129
In Re Juan C. (1994) 28 Cal. App. 4th 1093; United States Const., amdts. I, V, XIV.
A. The state of California has a duty to take all necessary steps for the promotion
and protection of the health of its citizens, and may take actions to achieve that
goal.130
A. Generally, health officers are responsible for a threat to the human population,
while agricultural officials are responsible for threats to agriculture or
commerce.
A. Which official has authority to order a quarantine depends upon whether the
danger is a threat to agriculture or commerce, or a threat to the human
population.
Generally, health officials have the power to “quarantine, isolate, inspect, and
disinfect persons, animals, houses, rooms, other property, places, cities or
localities.”135 Agricultural officials have similar powers and may also establish
130
Patrick v. Riley (1930) 209 Cal. 350.
131
Cal. Health & Safety Code § 120175.
132
Cal. Health & Safety Code § 120585.
133
Cal. Food & Agric. Code §§ 9568-9569(a).
134
Cal. Health & Safety Code § 25187.6.
Other agencies or personnel may also be authorized under the “police powers”
of the state to enforce regulations to protect the public health and the public
safety.139
Duration of a Once a quarantine is ordered, it remains until all affected property is treated or
quarantine destroyed, and until all isolated persons are considered noninfectious.140
135
Cal. Health & Safety Code § 120145.
136
Cal. Food & Agric. Code § 2343.
137
Cal. Harb. & Nav. Code § 4160.
138
Cal. Food & Agric. Code § 9572.
139
Henning Jacobsen v. Commw. of Massachusetts (1905) 197 U.S. 11.
140
Cal. Health & Safety Code § 120235.
• “Health Officer” refers to county, city, and district health officers, and city
and district health boards, except for advisory boards.141
• The health officer shall take measures to control the spread or further
occurrence of any contagious, infectious, or communicable disease that he
is aware of.142
• The health officer may inspect any place or person when necessary to
enforce health regulations.143
• After being informed of the need for quarantine to isolate diseases, the
health officer shall ensure the adequacy of isolation and determine
procedures for the premises and contacts.144
Limitations on In some instances where the health officer has determined that
Authority a quarantine is necessary, the officer may be required to
receive approval from the Department of Health Services prior
to establishing a quarantine zone.145
County Veterinarian
Authorities:
Limitations of “A quarantine shall not be established by one county or city against another
County county or city on account of the existence of any disease of domestic animals
Officials without the written consent of the director [of Department of Health
Services].”147
A. STATE.
141
Cal. Health & Safety Code § 120100.
142
Cal. Health & Safety Code § 120175.
143
Cal. Health & Safety Code § 120585.
144
Cal. Health & Safety Code §120215, (a), (b).
145
Cal. Health & Safety Code § 120200, 120210(a), 120210(b), 120215, 120135, 120415.
146
Cal. Food & Agric. Code § 5763.
147
Cal. Food & Agric. Code § 9573.
Authorities:
148
Cal. Health & Safety Code § 120145.
149
Cal. Health & Safety Code § 120210(a).
Authorities:
• The director may establish and enforce quarantine regulations to protect the
agricultural industry from pests.151
150
Cal. Food & Agric. Code § 5763.
151
Cal. Food & Agric. Code § 5301.
Governor
Authorities:
152
Cal. Food & Agric. Code § 9568.
153
Cal. Food & Agric. Code § 9569(a).
154
Cal. Food & Agric. Code § 9572.
155
Cal. Health & Safety Code § 101470.
It is unlawful for any person to violate any quarantine order which regulates,
restricts, or restrains the movement of persons, vehicles, farm equipment, farm
and dairy products, into from, or from place to place within a quarantined
district, area, or premises.158
156
In Re Vaughan (1922) 189 Cal. 491; Cal. Health & Safety Code § 120225.
157
Cal. Health & Safety Code § 120275.
158
Cal. Food & Agric. Code § 9698.
A. Govt. Code § “The state may imprison or confine for the protection of the
202 public peace or health or of individual life or safety.”
Health & To determine the nature of a disease, and to prevent its spread,
Safety Code the Department of Health Services may take possession or
Even though the first amendment of the Constitution expressly provides the
This section defines what actions are statutorily required in order for the actions
of individuals to constitute a riot. The purpose of this definition allows for
officers to control any wilful and malicious obstruction of the citizens’ free use
of a public way.159
This section defines a “rout” as the joint actions of two or more persons in any
attempt to advance toward the commission of an act that would constitute a riot.
159
Rees v. City of Palm Springs (1961) 10 Cal. Rptr. 386.
160
Cal. Penal Code § 404(b).
161
In re Wagner (1981) 119 Cal. App. 3d 90.
A. The governing body of the affected town or city, the town justices, or the county
sheriff must command the assembled persons to disperse.
162
In re Wagner (1981)119 Cal. App. 3d 90, 104.
Note: Penal Code § 726 includes police officers among those that are required to order
unlawfully or riotously assembled persons to disperse.163 This means that law
enforcement officers may arrest persons without giving the § 726 dispersal
command, however, those persons may not be charged with a violation of § 409
163
People v. Sklar (1930) 111 Cal. App. Supp. 776.
Dispersal The courts have interpreted that the requirement to “go among the persons
command unlawfully or riotously assembled and command them to disperse” is satisfied
must be heard when delivered from an amplification device on a police helicopter flying over
the area in such a manner as to reasonably assure that the persons involved
heard the command.164
This section does not apply to Penal Codes § 415 or § 416 regarding
disturbances of the peace.165
Penal Code §
727 TO ARREST RIOTERS IF THEY DO NOT DISPERSE. If the assembled
persons do not immediately disperse, they must be arrested. Any person present
at the riot or within that county may be commanded to assist in the arrests.
A. It is the duty of citizens to obey the commands that a peace officer gives in the
line of duty. A purported rioter may not use alleged unlawful attacks as a
defense for not obeying the otherwise lawful order of a peace officer. This is
because a citizen’s recourse is in the courts, as opposed to open resistance.167
Persons to aid Additionally, if requested, all persons present or within the county must aid the
in the magistrates or officers in arresting rioters who do not immediately disperse.168
dispersal
Q. WHAT ARE THE CONSEQUENCES OF NOT FOLLOWING A
DISPERSAL ORDER?
Every person remaining present at the place of any riot, rout, or unlawful
assembly, after the same has been lawfully warned to disperse, except public
officers and persons assisting them in attempting to disperse the same, is guilty
164
People v. Cipriani (1971) 95 Cal. Rptr. 722.
165
People v. Anderson (1931) 117 Cal. App. Supp. 763.
166
Cal. Penal Code § 410.
167
People v. Yuen (1939) 32 Cal. App. 2d 151, cert. denied 60 S.Ct. 115; Cal. Penal Code § 416.
168
Cal. Penal Code § 727.
Public officers and those acting under their command for aid and assistance are
allowed to use deadly force in the discharge of a legal duty.169
When a hazardous situation endangers the public, two primary options are
available to emergency responders:171
1. Evacuation, or
2. Sheltering-in-place.
Use of the Hazardous Materials Incident Contingency Plan along with this
guideline is recommended. Legal authorities providing for evacuation of
persons in a potentially dangerous area may be accomplished through use of the
evacuation authorities provided in Section II of this guideline, “Duties,
Responsibilities & Powers,” specifically the powers that law enforcement has
relative to evacuations. Similarly, the “Quarantine” section may provide
guidance for certain types of evacuations, as well as providing some authority
for “sheltering-in-place.”
169
Cal. Penal Code § 196.
170
Cal. Penal Code § 197.
171
Hazardous Materials Incident Contingency Plan, Attachment 7, Draft Version (April, 1999).
Also included in the category of an acute release of hazardous material are oil
spills and radiological incidents because of their adverse impacts on public
health and the environment. Because of the unique technical requirements,
policy considerations, and national security issues that surround these materials,
planning issues are usually covered under a separate plan.
A. The person with custodial responsibilities for the material is usually the
responsible party, and is ultimately responsible for abating the release or
threatened release of the material, damage to the public health, and
environmental concerns.172
First Responders, such as Sheriff, Police, or Fire Departments have the authority
to begin initial emergency procedures as necessary, such as evacuating the area,
quarantining the area, or closing down the transportation route.173
Further, the potential exists for the occurrence of either an airplane crash or a
ship disaster in the ocean or navigable waterways of the state that would give
cause for an immediate quarantine, evacuation, or decontamination of that area.
A. California's territorial claims in the coastal channels and straits are limited to
three-mile belts off the mainland shore and surrounding the coastal islands.
This boundary is established for all purposes domestic, political and proprietary,
as between the federal and state government.178 For practical purposes,
whenever the jurisdiction is relevant to the operation of federal law, the
congressional delineation of the boundary will prevail over a conflicting state
assertion.
Even so, the State may enforce laws that are not in conflict with federal law in
adjacent waters of the State.179
(a) In order to render aid to distressed persons, vessels, and aircraft on or under
the high seas, and on and under the waters over which the United States has
jurisdiction and in order to render aid to persons and property imperiled by
flood, the Coast Guard may:
177
Tsunami! How To Survive the Hazard On California’s Coast, (1996) Cal. Off. Emerg. Serv.
178
People v. Weeren, (1980) 26 Cal. 3d 654; 43 U.S.C. § 1301 (Submerged Lands Act).
179
People v. Weeren, (1980) 26 Cal. 3d 654.
180
14 U.S.C. § 88.
(b)(1) Subject to paragraph (2), the Coast Guard may render aid to persons and
protect and save property at any time and at any place at which Coast Guard
facilities and personnel are available and can be effectively utilized.
(2) The Commandant shall make full use of all available and qualified
resources, including the Coast Guard Auxiliary and individuals licensed by the
Secretary pursuant to § 8904(b) of title 46 USC, in rendering aid under this
subsection in non emergency cases.
Authority over As far as may be necessary for the regulation of interstate and
navigable foreign commerce, the United States has the paramount right
waters to control the navigable waters within the several states.181
A. The majority of the actions discussed in this guideline may be executed under
the provisions of the Emergency Services Act.182 The primary reason that
181
Forestier v. Johnson (1912) 164 Cal. 24.
The Emergency Services Act expressly grants immunity from liability based on
an agency’s actions during a proclaimed emergency:
“The state or its political subdivisions shall not be liable for any claims based
Government upon the exercise or performance, or the failure to exercise or perform, a
liability discretionary function or duty on the part of a state or local agency or any
employee of the state or its political subdivisions in carrying out the provisions
of this chapter.”184
Volunteer Government Code Section 8657 extends the immunities of the Emergency
liability Services Act to include disaster service workers (DSW) and persons impressed
into service during a state of war emergency, a state of emergency, or a local
emergency.
Comparison The Emergency Services Act grants immunity for both discretionary and
between ESA ministerial duties, while the “Tort Claims Act” generally provides immunity
and Tort only for discretionary acts.185
Claim Act
Tort Claims In 1961, the California Supreme Court abrogated the doctrine of governmental
Act tort immunity.186 In response to that ruling, in 1963 the California legislature
enacted the “Tort Claims Act.”187
Defines The “Tort Claims Act” is the primary source for defining the
liability and liabilities and immunities of public entities and public
immunities employees. This guideline will briefly discuss the general
principles of the “Tort Claims Act.”
“Public For the purposes of the Tort Claims Act, a “public agency” is
Agency” defined as the State, the Regents of the University of
defined” California, a county, a city, a district, public authority, public
agency and any other political subdivision or public
corporation in the state.188
182
Cal. Govt. Code §§ 8550 et seq.
183
Cal. Govt. Code § 810 et seq.
184
Cal. Govt. Code § 8655.
185
Macias v. State of California (1995) 10 Cal. 4th 844.
186
Muskopf v. Corning Hospital District (1961) 55 Cal. 2d 211.
187
Cal. Govt. Code §§ 810 et seq.
188
Cal. Govt. Code § 811.2.
Tort liability Even though Government Code § 815 appears to establish immunity of public
entities as the rule and liability as the exception, the courts generally have taken
the opposite approach.190 For example, statutes which impose tort liability in
general terms have been found to be applicable to public entities even though
public entities were not named.191 Nor is liability based upon contractual
arrangements affected.192
A. Even though the “Tort Claims Act” is statutory in nature, the courts have
referred to common law and general principles of negligence. This approach
usually arises when determining an employee’s liability and the possible
vicarious immunity accorded the public entity employer.195
Circum- Even though the “Tort Claims Act” states that except as otherwise provided by
stances for statute, a public entity is not liable for an injury, whether the injury arises out of
liability an act or omission of the public entity, a public employee, or any other person,
the exceptions to immunity are numerous. Essentially, a public entity may be
liable under the following circumstances:
Act or omission Where there is a duty of care owed the injured party, a
reasonable reliance upon the performance of that duty and the
public employee’s act or omission would be the proximate
cause of injury so that such act or omission
would make the employee personally liable. When viewed
189
Cal. Govt. Code § 810.2
190
Ramos v. County of Madera (1971) 4 Cal. 3d 685, 692.
191
Levine v. City of Los Angeles (1977) 68 Cal. App. 3d 481, 487.
192
Aubry v. Tri-City Hospital District (1992) 2 Cal. 4th 962.
193
Cal. Govt. Code § 855.4.
194
63 Ops. Cal. Atty. Gen. 8 (1980).
195
California v. Superior Court (1984) 150 Cal. App. 3d 848.
Example The situation could arise under the provisions of Penal Code Section 409.5.
where a peace officer promised to notify a person in a disaster area of a future
need to evacuate. If the officer fails to warn the promisee, then liability may
attach if a “special relationship” could be found between the officer’s promise
and the promisee’s detrimental reliance on that promise.
Avoid A public entity and its employees should pay particular attention to the phrasing
“created of orders that control the movement of people and property in order to avoid
duties” “created” duties. Generally policy decisions are accorded immunity, while
ministerial acts are not.198
Failure to Liability may be incurred for an injury proximately caused by a public entity’s
discharge duty failure to discharge a mandatory duty imposed by statute or regulation.199
Where a public entity fails to perform a mandatory duty, it has the burden of
establishing that it exercised reasonable diligence to assure that the duty was
performed.
Liabilities not Liability is imposed by statute or constitutional provisions other than those set
included forth by the “Tort Claims Act.” For instance, the constitutional provision
governing a taking of property for public use (condemnation),200 negligent or
wrongful act or omission in the operation of any motor vehicle201 or
196
California v. Superior Court (1984) 150 Cal. App. 3d 848.
197
Connelly v. State of California (1970) 3 Cal. App. 3d 744.
198
Johnson v. State of California (1996) 50 Cal. App. 4th 1802.
199
California v. Superior Court (1984) 150 Cal. App. 3d 848.
200
Cal. Const., art. I, § 19.
201
Cal. Vehicle Code §§17001, 17004. But see Soto v. California (1997) 56 Cal. App. 4th 196. (negligent
operation of a motor vehicle found protected under Emergency Services Act).
Qualifying Although most of the discussion has centered on areas of potential liability, two
principles qualifying principles may be applicable in emergency evacuation situations.
202
Nestle v. City of Santa Monica (1972) 6 Cal. 3d 920.
203
Leo v. Dunham (1953) 41 Cal. 2d 712, 714-715. See also Damele v. Mack Trucks, Inc. (1990) 219 Cal.
App. 3d 29.
204
Cal. Civil BAJI 4.40, 8th ed. 1995.
205
Leo v. Dunham (1953) 41 Cal. 2d 712, 714-715.
206
Teresi v. State of California (1986) 180 Cal. App. 3d 239; see Adkins v. State of California, supra; Holtz v.
Superior Ct. (1970) 3 Cal. 3d 296, 305; Farmer’s Ins. Exchange v. State of California (1985) 175 Cal. App. 3d
494, 501-502; Freeman v. Contra Costa County Water District (1971) 18 Cal. App. 3d 404, 408.
Government Code
Cal. Govt. Code § 8558 Conditions or degrees of emergency.
Three conditions or degrees of emergency are established by this chapter:
(a) “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 attack is probable or
imminent.
(b) “State of emergency means the duly proclaimed existence of disaster or of extreme peril to the safety of
persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic,
riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s
warning of an earthquake or volcanic prediction, or an 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, personnel, equipment, and
facilities of any single county, city and county, or city and require the combined forces of a mutual aid region
or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
(c) “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 air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage,
plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an
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 that political
subdivision and requires the combined forces of other political subdivisions to combat, or with respect to
regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the
authority vested in the California Public Utilities Commission.
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or
by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency
shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing
body.
(c)(1) The governing body shall review, at its regularly scheduled meetings until the local emergency is
terminated, the need for continuing the local
emergency. However, in no event shall a review take place more than 21 days after the previous review.
(2) Notwithstanding paragraph (1), if the governing body meets weekly, it shall review the need for
continuing the local emergency at least every 14 days, until the local emergency is terminated.
(d) The governing body shall proclaim the termination of the local emergency at the earliest possible date
that conditions warrant.
The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections which come
to his knowledge, and investigate public offenses which have been committed.
Every person who willfully commits any of the following acts at the burning of a building or at any other time
and place where any fireman or firemen or emergency rescue personnel are discharging or attempting to
discharge an official duty, is guilty of a misdemeanor:
(1) Resists or interferes with the lawful efforts of any fireman or firemen or emergency rescue personnel in
the discharge or attempt to discharge an official duty.
(2) Disobeys the lawful orders of any fireman or public officer.
(3) Engages in any disorderly conduct which delays or prevents a fire from being timely extinguished.
(4) Forbids or prevents others from assisting in extinguishing a fire or exhorts another person, as to whom he
has no legal right to protect or control, from assisting in extinguishing a fire.
(a) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state
department, district, agency, division, commission, or board, that an "emergency" exists, knowing that such
report is false, is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by imprisonment
in the county jail, not exceeding one year, or by a fine, not exceeding one thousand dollars ($1,000), or by
both such fine and imprisonment.
(b) Any individual who reports, or causes any report to be made, to any city,
county, city and county, or state department, district, agency, division, commission, or board, that an
"emergency" exists, knowing that such report is false, and great bodily injury or death is sustained by any
person as a result of such false report, is guilty of a felony and upon conviction thereof shall be punishable by
imprisonment in the state prison, or by a fine of not more than ten thousand dollars ($10,000), or by both such
fine and imprisonment.
(c) "Emergency" as used in this section means any condition which results in, or which could result in, the
response of a public official in an authorized emergency vehicle, or any condition which jeopardizes or could
jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure,
vehicle or of any other place which any individual may enter.
As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman" or "firefighter" includes any person who is
an officer, employee or member of a fire department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county, district, or other public or municipal
corporation or political subdivision of this state, whether this person is a volunteer or partly paid or fully paid.
As used in Section 148.2, "emergency rescue personnel" means any person who is an officer, employee or
member of a fire department or fire protection or
(a) Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the
purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other
emergency personnel, or military coping with the emergency in the course of their duties during the time it is
necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or
from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties
of that person’s employment to view that scene or activities, and thereby impedes police officers, firefighters,
emergency medical, or other emergency personnel or military personnel, in the performance of their duties in
coping with the emergency, is guilty of a misdemeanor.
(b) Every person who knowingly resists or interferes with the lawful efforts of a lifeguard in the discharge or
attempted discharge of an official duty in an emergency situation, when the person knows or reasonably
should know that the lifeguard is engaged in the performance of his or her official duty, is guilty of a
misdemeanor.
(c) For the purposes of this section, an emergency includes a condition or situation involving injury to
persons, damage to property, or peril to the safety of persons or property, which results from a fire, an
explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a power plant accident, a
toxic chemical or biological spill, or any other natural or human-caused event.
§ 409. Riot, rout, or unlawful assembly; remaining present after warning to disperse
Remaining present at place of riot, etc., after warning to disperse. Every person remaining present at the
place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except
public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
§ 409.5. Authority of peace officers, lifeguard or marine safety officer to close disaster area; exclusion
from police command post area; unauthorized entry; exception
(a) Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire,
earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway
Patrol, police departments, marshal's office or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, any officer or
employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section
830.2, any officer or employee of the Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time lifeguard or publicly employed full-
time marine safety officer while acting in a supervisory position in the performance of his or her official
duties, may close the area where the menace exists for the duration thereof by means of ropes, markers, or
guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed
area. If the calamity creates an immediate menace to the public health, the local health officer may close the
area where the menace exists pursuant to the conditions set forth in this section.
(b) Officers of the Department of the California Highway Patrol, police departments, marshal's office or
sheriff's office, officers of the Department of Fish and Game designated as peace officers by subdivision (e)
of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by
(a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department
of the California Highway Patrol, police departments, or sheriff's offices, any officer or employee of the
Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2,
and any officer or employee of the Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, may close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not authorized by that officer to enter or remain
within the closed area. If an avalanche creates an
immediate menace to the public health, the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.
(b) Officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, or
officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of
Section 830.2, may close the immediate area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous conditions created by an avalanche to any and
all unauthorized persons pursuant to the conditions which are set forth in this section whether or not that field
command post or other command post is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a)
or (b) and who willfully remains within that area, or any unauthorized person who willfully remains within an
area closed pursuant to subdivision (a) or (b), after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor. If necessary, a peace officer named in
subdivision (a) or (b) may use reasonable force to remove from the closed area any unauthorized person who
willfully remains within that area after receiving notice to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized representative of
any news service, newspaper, or radio or television station or network from entering the areas closed pursuant
to this section.
(a) Inspect the public beach to determine whether the standards established pursuant to Section 115880 are
being complied with. If the health officer finds any violation of the standards, he or she may restrict the use
of, or close, the public beach or portion thereof in which the violation occurs until the standard is complied
with.
(b) Investigate any complaint of a person of a violation of any standard established by the department
pursuant to Section 115880. If the health officer finds any violation of the standards prescribed by the
department, he or she may restrict the use of, or close, the
(c) (1) Whenever a beach is posted, closed, or otherwise restricted in accordance with Section 115915, the
health officer shall inform the agency responsible for the operation and maintenance of the public beach
within 24 hours of the posting, closure, or restriction.
(c) (2) The health officer shall establish a telephone hotline to inform the public of all beaches currently
closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in
public health risks.
(d) Report any violation of the standards established pursuant to Section 115880 to the district attorney, or if
the violation occurred in a city and, pursuant to Section 41803.5 of the Government Code, the city attorney is
authorized to prosecute misdemeanors, to the city attorney.
(e) In the event of a known untreated sewage release, the local health officer shall immediately test the waters
adjacent to the public beach and to take action pursuant to regulations established under Section 115880.
(f) Notwithstanding any other provision of law, in the event of an untreated sewage release that is known to
have reached recreational waters adjacent to a public beach, the local health officer shall immediately close
those waters until it has been determined by the local health officer that the waters are in compliance with the
standards established pursuant to Section 115880.
(g) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only
during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State
Director of Health Services, in the annual
Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the
performance of these duties. The State Director of Health Services shall annually, within 15 days after
enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief
Clerk of the Assembly
memorializing whether sufficient funds have been appropriated.
The Police Power - Public Policy and Constitutional Rights, Prof. Ernst Freund,
Callaghan & Co., 1904
Public Sector Tort Liability for Disaster Management, David Zocchetti, May
1997