Chapter 2.27
EMERGENCY MANAGEMENT

Sections:

2.27.010    Definitions.

2.27.020    Purpose.

2.27.030    Emergency management policy.

2.27.040    Emergency operations plan.

2.27.050    Emergency management.

2.27.060    Disaster and emergency powers of the mayor.

2.27.070    Disaster and emergency powers of the city manager.

2.27.080    Disaster and emergency powers of the director of emergency services.

2.27.090    Functions and duties of departments and employees.

2.27.100    Private liability.

2.27.110    Penalty.

2.27.120    Severability.

2.27.010 Definitions.

A.    “Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether natural or man made, and to provide support for search and rescue operations for persons and property in distress.

B.    “Emergency or disaster” as used in this chapter shall mean an event or set of circumstances which:

1.    Demands immediate action to preserve public health, protect life, protect public property or to provide relief to any stricken area within the city overtaken by such occurrences; or

2.    Reaches such a dimension or degree of destructiveness as to warrant the mayor proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statute.

C.    “Director of emergency services” shall mean the person appointed by the mayor responsible for the administration and operation of the emergency management program for the city of Bothell.

D.    “Disaster coordinator” shall mean the person appointed by the director of emergency management to represent him/her in his/her absence. (Ord. 1619 § 1, 1995).

2.27.020 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the city of Bothell in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city in coordination with private and other affected public agencies and private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1619 § 1, 1995).

2.27.030 Emergency management policy.

It is the policy of the city of Bothell to make effective preparation and use of manpower, resources and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur. (Ord. 1619 § 1, 1995).

2.27.040 Emergency operations plan.

The emergency operations plan, prepared by direction of the city manager and promulgated by resolution of the city council, is the official emergency operations plan of the city of Bothell. The director of emergency services shall file a copy of said plan in the office of the city clerk, and distribute copies of said plan to appropriate city departments. (Ord. 1619 § 1, 1995).

2.27.050 Emergency management.

The emergency management organization of the city of Bothell is hereby created, and shall consist of:

A.    The city’s director of emergency services, who is subject to the direction and control of the mayor, shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the city, and direct responsibility for the emergency operations of departments in the city.

B.    The director of emergency services shall be appointed by the mayor, shall develop and maintain the emergency operations plan and program, and shall have such other duties as may be assigned by the city manager.

C.    An emergency planning team appointed by the director of emergency services shall provide staff support in the development, implementation and maintenance of the emergency operations plan and to staff the emergency operations center, provide policy recommendations to the city council during emergency and recovery periods and perform any other necessary functions during an emergency or disaster. The team shall consist of such key personnel as are designated by the department directors, and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the director of emergency services.

D.    Other as deemed appropriate by the city council. (Ord. 1619 § 1, 1995).

2.27.060 Disaster and emergency powers of the mayor.

The mayor shall be responsible for:

A.    Assuring that emergency preparedness, mitigation, response and recovery activities are carried out within the city, through the emergency operations plan;

B.    Declares proclamation of local emergency;

C.    Provides visible leadership to the community;

D.    Provides policy direction through the city manager and the director of emergency services. (Ord. 1619 § 1, 1995).

2.27.070 Disaster and emergency powers of the city manager.

In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of extreme emergency by the Governor of the state, the city manager is hereby empowered:

A.    To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

B.    To request, through established channels, the county executive to proclaim a local emergency when, in the opinion of the manager, the resources of the area or region are inadequate to cope with the disaster;

C.    To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use;

D.    To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter;

E.    To require emergency services of the city officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is located, to command the service and equipment of as many citizens of this city as may be deemed necessary in the execution of the city manager’s duties; and such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;

F.    To requisition necessary personnel or material of any city department or agency;

G.    To execute all of the special powers conferred upon the manager by this chapter, by any other statute, agreement or lawful authority, as necessary;

H.    Other as deemed appropriate by the city council. (Ord. 1619 § 1, 1995).

2.27.080 Disaster and emergency powers of the director of emergency services.

The director of emergency services is hereby empowered, subject to the direction and control of the mayor:

A.    To request the mayor to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation, if the city council is not in session, subject to conformation by the city council at the earliest practicable time.

B.    To direct coordination and cooperation between divisions, services and staff of the departments and services of the city in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them.

C.    To recommend for adoption by the city council emergency management plans, ordinances, interlocal and mutual aid agreements.

D.    To represent the emergency management organization of the city in dealing with issues pertaining to emergency management.

E.    To maintain the emergency management plan of the city and manage the day-to-day responsibilities of the emergency management program activities.

F.    Other as deemed appropriate by the city manager. (Ord. 1619 § 1, 1995).

2.27.090 Functions and duties of departments and employees.

The city council hereby assigns to the various departments and to the officers and employees thereof the functions, duties and powers set forth in the emergency management plan referenced in BMC 2.27.040. (Ord. 1619 § 1, 1995).

2.27.100 Private liability.

No individual firm, association, corporation or other party owning, maintaining, controlling any building or premises, who voluntarily and without compensation grants to the city a license or privilege or otherwise permits said city to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of any act or mission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such a person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise or test ordered by a lawful authority. (Ord. 1619 § 1, 1995).

2.27.110 Penalty.

Any person who shall:

A.    Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter; or

B.    Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives of property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; or

C.    Wear, carry or display without authority, any means of identification specified by the Emergency Management Agency of the state;

shall upon conviction be fined in any sum not exceeding $1,000, or by imprisonment in a county jail for a period not exceeding one year, or both, at the discretion of the court. (Ord. 1619 § 1, 1995).

2.27.120 Severability.

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1619 § 1, 1995).