Chapter 2.65
EMERGENCY MANAGEMENT*
Sections:
2.65.010 City of Forks emergency management plan adopted.
2.65.020 Peninsula regional emergency management plan adopted.
2.65.040 Emergency management policy.
2.65.060 Emergency management plan.
2.65.070 Emergency management program.
2.65.080 Emergency management committee.
2.65.090 Disaster and emergency powers of the mayor.
2.65.100 Disaster and emergency powers of the director.
2.65.110 Functions and duties of departments and employees.
2.65.120 Emergency operations center (EOC).
2.65.130 Emergency management appropriation.
2.65.140 Succession (continuity of government).
2.65.150 Effect of ordinance on other rules and regulations.
2.65.160 Interpretation of ordinance.
2.65.170 Nonliability of city and complying agents.
*Prior legislation: Ord. 104.
2.65.010 City of Forks emergency management plan adopted.
(1) Adoption. The city of Forks hereby adopts the city of Forks emergency management plan dated July 1996 (Attachment A),* and incorporated the same as though fully set forth herein.
(2) The city clerk/treasurer shall maintain three copies of this plan, in addition to Attachment A,* that may be easily located by city employee in the event of an emergency.
In addition, a copy of the plan shall be placed with the Forks Branch of the North Olympic Public Library for accessibility of the public. (Ord. 413 §§ 1, 2, 1996)
*Attachment A is attached to Ordinance No. 413 on file in the office of the city clerk/treasurer.
2.65.020 Peninsula regional emergency management plan adopted.
(1) Adoption. The city of Forks hereby adopts the peninsula regional emergency management plan dated November 1996 (Attachment A),* and incorporates the same as though fully set forth herein.
(2) Plan Only Coordinates Efforts. The intent of this plan is to coordinate multiple jurisdictional events which transcend jurisdictional boundaries. It is in no way intended to direct policy and procedure as to the city of Forks, nor is intended to alter or circumvent the city of Forks emergency management plan.
(3) Copies of the Plan. The city clerk/treasurer shall maintain one copy of this plan, in addition to Attachment A,* that may be easily located by city employees in the event of an emergency.
In addition, a copy of the plan shall be placed with the Forks Branch of the North Olympic Public Library for accessibility of the public. (Ord. 421 §§ 1 – 3, 1997)
*Attachment A is attached to Ordinance No. 413 on file in the office of the city clerk/treasurer.
2.65.030 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 Forks in the event of an emergency or disaster (may be manmade, acts of nature, or acts of terrorism or war), and to provide for the coordination of emergency functions and services of the city of Forks with Clallam County 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 of Forks. (Ord. 379, 1994)
2.65.040 Emergency management policy.
It is the policy of the city of Forks to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur, which may be manmade, acts of nature, or acts of terrorism or war. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the city of Forks 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. 379, 1994)
2.65.050 Definitions.
(1) "Continuity of government (COG)" is defined as the preservation, maintenance, or reconstitution of the civil government’s ability to carry out the executive, legislative, and judicial processes under the threat or occurrence of any emergency condition that could disrupt such processes and services.
(2) "Deputy director" shall mean the person appointed by the director to represent him/her in his/her absence.
(3) "Director" shall mean the person responsible for the administration and operation of the emergency management program for the city of Forks. The city of Forks finds and declares that RCW 38.52.070(1) provides that "each local organization for emergency services shall have a director, who shall be appointed by the executive head of the political subdivision" and that is the position of the Forks chief of police.
(4) "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 manmade, and to provide support for search and rescue operations for persons and property in distress.
(5) "Emergency or disaster" as used in this chapter shall mean an event or set of circumstances which:
(a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or
(b) 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; or
(c) Affect seriously the safety, health, or welfare of a substantial number of citizens of the city or preclude the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking state or county supplementation of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering, or hardship faced, and have been caused by forces beyond the control of man, by reason of civil disorder, riot, or disturbance, or by factors not foreseen and not known when appropriation bills were enacted. (Ord. 379, 1994)
2.65.060 Emergency management plan.
(1) The emergency management plan, prepared by the director and promulgated by the mayor, is the official emergency management plan of the city of Forks. The director shall file a copy of said plan in the office of the city clerk/treasurer and distribute copies of said plan to appropriate city departments.
(2) A copy of this chapter shall be sent to the assistant director of the emergency management division. (Ord. 379, 1994)
2.65.070 Emergency management program.
The emergency management program of the city of Forks is hereby created and shall consist of:
(1) The mayor, who shall appoint a director to be the administrative head and have direct responsibility for the organization, administration, and operation of the emergency management program for the city of Forks and direct responsibility for the emergency operations of departments of the city of Forks.
(2) The director, who shall be appointed by and directly responsible to the mayor and who shall develop and maintain the emergency management plan and program of the city of Forks and shall have such other duties as may be assigned to him/her by the mayor.
(3) A deputy director, who may be appointed by the director subject to approval of the mayor, shall perform such functions as outlined in the emergency management plan and shall act for and exercise the powers and perform the duties of the director during his/her absence or disability.
(4) Compensated members of the emergency management organization.
(5) Volunteer members of the emergency management organization.
(6) Such advisory committees as may be appointed by the mayor.
(7) Other as deemed appropriate by the city of Forks. (Ord. 379, 1994)
2.65.080 Emergency management committee.
(1) There is created the emergency management committee which shall consist of the director of emergency management and such city department heads and/or their designees, and other cooperating agencies and organizations having appropriate expertise and knowledge, as deemed appropriate by the mayor.
(2) The purpose of the emergency management committee is to provide overall guidance in the preparation, implementation, evaluation, and currency of the emergency management plan and program, and to ensure inter-agency and inter-jurisdictional cooperation for the maximum use of local and mutual aid resources.
(3) The city of Forks may recognize the Peninsula regional emergency planning council for the purpose of ensuring coordination with adjacent jurisdictions and designate the appropriate representatives. (Ord. 414 § 1, 1996)
2.65.090 Disaster and emergency powers of the mayor.
In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of emergency by the Governor, the mayor is hereby empowered:
(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.
(2) To request the county executive to request a proclamation of a state of emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster.
(3) 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 of Forks for the fair value thereof, and, if required immediately, to commandeer the same for public use.
(4) To control and direct the efforts of the emergency management organization of the city of Forks for the accomplishment of the purposes of this chapter.
(5) To require emergency services of any 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 aid of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties, and such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency workers.
(6) To requisition necessary personnel or material of any city department or agency.
(7) To execute all of the special powers conferred upon the mayor by this chapter, by any other statute, agreement, or lawful authority, as necessary.
(8) To establish and maintain continuity of government so as to establish provided exemptions to notice requirement of the Open Public Meetings Act and ensure proper succession of authority as is established in the city of Forks emergency operations procedures. (Ord. 379, 1994)
2.65.100 Disaster and emergency powers of the director.
The director is hereby empowered:
(1) To request the mayor/council 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 confirmation by the city council at the earliest practicable time.
(2) 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.
(3) To recommend for adoption by the city council emergency management plans and mutual aid agreements.
(4) To act on behalf of the mayor if he/she is unable to carry out his/her duties, in carrying out purposes of this chapter or the provisions of the emergency management plan.
(5) To represent the emergency management organization of the city in dealing with issues pertaining to emergency management.
(6) To prepare and maintain the emergency management plan of the city and manage the day-to-day responsibilities of the emergency management program activities of the city.
(7) The director of the emergency services department shall be directly responsible for the organization, administration, and operation of the department of emergency services.
(8) The director of the department of emergency services shall promulgate such rules and regulations as are necessary to prepare the city for dealing with an emergency or disaster as described in this chapter. All rules and regulations so promulgated shall be approved by the mayor prior to becoming effective.
(9) All duties and powers shall be allowed in a succession of authority to assure continuity of government for up to 48 hours without the mayor’s approval, as established in the emergency operating procedures.
(10) Shall have those powers, duties, and functions as determined by Chapter 38.52 RCW. (Ord. 379, 1994)
2.65.110 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. (Ord. 379, 1994)
2.65.120 Emergency operations center (EOC).
Emergency services shall establish and staff an emergency operations center equipped with a communications system to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency function. The council chambers/conference room at Forks City Hall shall be so designated as the emergency operations center (EOC). (Ord. 379, 1994)
2.65.130 Emergency management appropriation.
Appropriations will be made in the city budget to cover the expense of emergency management training, writing and maintaining the emergency management plan, and administration of the emergency management plan. Such monies are to be approved for expenditures in the same manner as expenditures as now authorized by requisition against the budget. (Ord. 414 § 5, 1996)
2.65.140 Succession (continuity of government).
(1) Forks City Administration.
(a) Mayor.
(b) Mayor pro tem.
(c) Senior council member.
(2) Forks Police Department.
(a) Chief of police.
(b) Patrol sergeant.
(c) Senior patrol officer.
(3) Forks Public Works.
(a) Supervisor.
(b) Assistant supervisor.
(c) Assistant supervisor.
(4) Forks Finance Department.
(a) Supervisor.
(b) Assistant supervisor.
(c) Assistant supervisor.
(5) Forks City Attorney.
(a) City attorney.
(b) County attorney.
(6) Emergency Management.
(a) Director – Chief of police.
(b) Deputy director – Police patrol sergeant. (Ord. 379, 1994)
2.65.150 Effect of ordinance on other rules and regulations.
At all times when the order and regulations made and promulgated pursuant to this chapter are in effect, they shall supersede all existing ordinances, orders, and regulations insofar as the latter may be inconsistent therewith. (Ord. 414 § 2, 1996)
2.65.160 Interpretation of ordinance.
This chapter shall be construed so as not to conflict with any state or federal statute or with any military rule or regulation. (Ord. 414 § 3, 1996)
2.65.170 Nonliability of city and complying agents.
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to person or property as the result of such activity. No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises who voluntarily and without compensation grants to the city a license of privilege or otherwise permits the city to inspect, designate and use for the purpose of sheltering persons during an actual, impending, or mock natural or human-caused disaster or their successors in interest, or the agents of employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises or as a result of the condition of the building or premises or as a result of any act or commission in connection with the upkeep or maintenance thereof (except wilful act of misconduct), when such person has entered or gone into or upon such building or premises for the purpose of seeking refuge therein during an actual, impending, mock, natural, or human-caused disaster. (Ord. 414 § 4, 1996; Ord. 379, 1994)
2.65.180 Violation – Penalty.
It is unlawful for any person wilfully to obstruct, hinder, or delay any members of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. It is likewise unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the city unless authorization to do so has been granted to such person by the proper officials. Convictions for violation of the provisions of this chapter shall be punishable by a fine of not more than $100.00, or imprisonment for not more than one year, or by both fine and confinement. (Ord. 414 § 6, 1996; Ord. 379, 1994)