Chapter 2.40
EMERGENCY PROCEDURES
Sections:
2.40.010 Purpose and declaration of policy and adoption of plan.
2.40.030 Declaration of emergency.
2.40.040 Authorized emergency orders.
2.40.050 Notice of declarations of emergency and emergency orders.
2.40.060 Designation of manager of emergency services and executive head of the city.
2.40.070 General duties of manager of emergency services and executive head.
2.40.080 Emergency procurements.
2.40.090 Emergency powers under governor’s declaration of emergency or disaster.
2.40.100 Violations of emergency proclamation, rule or order—Penalties.
2.40.110 Continuance of existing agreements.
2.40.120 General public duty created.
2.40.140 Public works emergencies.
2.40.010 Purpose and declaration of policy and adoption of plan.
A. The purpose of this chapter is to set out and clarify the authority of the city and of its officers with regard to local, regional and national emergency and disaster situations. It is intended, in conformity with Article 11, Section 11 of the Washington State Constitution and with Ch. 38.52 RCW, to provide the city with the broadest power permitted by constitutional and statutory authority to preserve the public peace, health, safety and welfare.
B. The city’s Emergency Operations Plan, dated April 2019, is hereby adopted by reference. Future updates, modifications and changes to the Emergency Operations Plan may be made as follows: for updates and minor modifications, by order of the mayor; for major, substantive changes, by resolution of the city council.
C. The city hereby affirms its intent to follow the National Incident Management System promulgated by the federal government in executing this chapter and the city’s emergency plan. (Ord. 1922-19 § 1, 2019; Ord. 1563-06 § 2 (part), 2006)
2.40.020 Definitions.
When used in this chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in Ch. 38.52 RCW and this section, except where the context clearly indicates a different meaning:
“Civil emergency” means a riot, unlawful assembly, insurrection, enemy attack, sabotage, or other hostile action; or a natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause.
“Executive head” means the person designated by the city in conformity with state law and this chapter as the head of the city government for emergency management and disaster preparedness purposes pursuant to Ch. 38.52 RCW. (Ord. 1563-06 § 2 (part), 2006)
2.40.030 Declaration of emergency.
A. Whenever a civil emergency, or the imminent threat thereof, occurs in the city and results in, or threatens to result in the death or injury of persons, or the destruction of, or damage to property to such extent as to require, in the judgment of the mayor or designate, extraordinary and immediate measures to protect the public peace, safety and welfare, the mayor or designate shall forthwith:
1. If the city council is in session, request the city council to declare the existence or threatened existence of a civil emergency;
2. If the city council is not in session, issue such declaration, subject to council ratification and confirmation, modification or rejection as soon as practicable;
3. In the absence of the mayor or designate, if the city council is not in session, such a civil emergency may be declared by the mayor pro tempore, and in the absence of the mayor, designate and mayor pro tempore, by the at-large councilmember;
4. Declarations of civil emergency issued by the council, mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall as soon as practicable be filed with the city clerk; or
5. Declarations of civil emergency issued by the mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall as soon as practicable be filed with the city clerk and presented to the city council for ratification and confirmation, modification or rejection. Such council ratification and confirmation, modification or rejection shall be by a majority of council then present and voting. Declarations which are rejected shall, after vote, be voided. Declarations shall be considered in full force and effect until the council shall act.
B. Where practicable and appropriate, the mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall consult prior to issuing a declaration of civil emergency with local, state and federal emergency management agencies.
C. Such declaration of civil emergency may be in addition to or as an alternative to the proclamation of state of emergency by the governor.
D. The council or officer issuing a declaration of civil emergency shall terminate the declaration of civil emergency when order has been restored or the circumstances of the emergency have passed. (Ord. 1563-06 § 2 (part), 2006)
2.40.040 Authorized emergency orders.
A. Upon the declaration of a civil emergency, and during the existence of such civil emergency, officials identified in subsection B of this section may make and proclaim any or all of the following orders and delegate enforcement authority therefor to law enforcement officers and designated emergency personnel:
1. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as the mayor or designate deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;
2. An order requiring any or all business establishments to close and remain closed until further order;
3. An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the council, be allowed to remain open;
4. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city;
5. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;
6. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
7. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized from the sale of items other than firearms and ammunition may, in the discretion of the council, be allowed to remain open;
8. An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;
9. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities;
10. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons;
11. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency;
12. An order providing for the evacuation and reception of the population of the city or any part thereof; and
13. Such other orders as are imminently necessary for the protection of life and property.
B. Emergency orders may be issued by the following officials in the order in which they are listed from subsections (B)(1) through (B)(9) of this section (e.g., in the event of the absence of the official identified by subsection (B)(1) of this section, the official identified by subsection (B)(2) may issue emergency orders consistent with this chapter).
1. Mayor;
2. Mayor pro tempore;
3. Councilmember at-large;
4. Councilmember, Ward 1;
5. Councilmember, Ward 2;
6. Councilmember, Ward 3;
7. Councilmember, Ward 4;
8. Councilmember, Ward 5; and
9. Councilmember, Ward 6.
C. Emergency orders shall be filed with the city clerk and presented as soon as practicable to the city council for ratification and confirmation, modification or rejection. Such council ratification and confirmation, modification or rejection shall be by a majority of council then present and voting. Orders which are rejected shall, after vote, be voided. Emergency orders shall be considered in full force and effect until the council shall act. (Ord. 1563-06 § 2 (part), 2006)
2.40.050 Notice of declarations of emergency and emergency orders.
Notice of any declaration of civil emergency or emergency order issued by pursuant to the authority of this chapter shall be given as soon as practicable by such means are practicable to news media within the general area of the city, the public, the governor, the state military department, and the Skagit County department of emergency management or successor agency. (Ord. 1563-06 § 2 (part), 2006)
2.40.060 Designation of manager of emergency services and executive head of the city.
The mayor or designate shall serve as the manager of emergency services and the executive head of the city government for purposes of emergency management pursuant to Ch. 38.52 RCW. (Ord. 1563-06 § 2 (part), 2006)
2.40.070 General duties of manager of emergency services and executive head.
The manager of emergency services and executive head shall be responsible for the following:
A. To issue or request issuance of declarations of civil emergency pursuant to this chapter;
B. To issue emergency orders pursuant to this chapter;
C. To request that the governor proclaim a state of emergency or disaster when in the opinion of the mayor, the resources of the city, area or region are inadequate to cope with the emergency or disaster;
D. To oversee preparation, implementation and periodic reviews and updates of the city’s emergency management plan as required by law;
E. To promulgate the city’s emergency management plan in conformity with law; provided that such shall designate a line of succession for city administrative officers in the event that the mayor and designate are unable to serve as manager of emergency services and executive head in time of emergency and shall describe the line of succession for the mayor, mayor pro tempore and council in conformity with the provisions of state law;
F. To direct coordination and cooperation between departments, divisions, services and staff in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise among them;
G. To act in coordination with the state and other governmental agencies to plan and implement joint jurisdictional planning and disaster services plans and mutual aid agreements;
H. To consult with the city attorney in planning and exercise of emergency powers. (Ord. 1563-06 § 2 (part), 2006)
2.40.080 Emergency procurements.
The mayor, mayor’s designate, fire chief, police chief and public works director, may make emergency procurements upon a declaration of an emergency under Section 2.40.030 of this chapter. Emergency procurements do not require adherence to limiting or time consuming laws including, but not limited to, Sedro-Woolley’s Code of Ethics, provided, that such procurements must comply with the Washington State Constitution. (Ord. 1563-06 § 2 (part), 2006)
2.40.090 Emergency powers under governor’s declaration of emergency or disaster.
In addition to or as an alternative to those emergency powers prescribed by this chapter upon the declaration of a civil emergency, the acting official under Section 2.40.040(B) of this chapter shall have, upon proclamation of a state of emergency or disaster by the governor pursuant to Ch. 43.06 RCW and Ch. 38.52 RCW, the authority to exercise authority on behalf of the city all emergency powers set forth in RCW 38.52.070(2), including without limitation:
A. To determine, subject to city budget procedures, the city’s contribution to the cost of a joint local emergency management organization upon a fair and equitable basis;
B. To act directly or through delegates as the director of emergency management for the city or by joint action with other local political subdivision executive heads, appoint the director of a joint local organization for emergency management;
C. To accept and receive, with the consent of the governor, in behalf of the city, offers from the federal government of services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the state, acting through the governor;
D. To accept and receive in behalf of the city from any person, firm, or corporation offers of services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purposes of emergency management, subject to the terms of the offer;
E. In cases where there is damage to the equipment borrowed from other cities under a mutual aid agreement, to receive the filing of claims for such damage within sixty days after the damage is incurred;
F. To utilize existing services and facilities to the maximum extent practicable notwithstanding any other provision of law, in the event of a disaster, after proclamation by the governor of the existence of such disaster, to have the power to command the service and equipment of as many citizens as considered necessary in the light of the disaster proclaimed; provided that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by Ch. 38.52 RCW and federal and state emergency management regulations for registered emergency workers. (Ord. 1563-06 § 2 (part), 2006)
2.40.100 Violations of emergency proclamation, rule or order—Penalties.
Violations of a declaration of civil emergency or of a subsequent emergency order issued, or any other order or directive given by a law enforcement officer or designated emergency services personnel pursuant to authority of such declaration or orders is a misdemeanor; provided that a second or subsequent offense hereunder shall be a gross misdemeanor. Such violations shall be punished by a fine of not more than five thousand dollars and not more than twelve months in jail. (Ord. 1563-06 § 2 (part), 2006)
2.40.110 Continuance of existing agreements.
Nothing in this chapter shall be deemed to affect any existing interlocal agreements entered into by the city with Skagit County or other cities and towns of Skagit County pursuant to Ch. 38.52 RCW regarding emergency planning or with any unit of state or local government regarding the giving of mutual aid; provided that for the purposes of such agreements, the mayor or designate shall exercise all powers as executive head of the city under such agreements in conformity with RCW 38.52.010. (Ord. 1563-06 § 2 (part), 2006)
2.40.120 General public duty created.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individual who will or should be especially protected or benefited by the terms of this chapter.
B. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1563-06 § 2 (part), 2006)
2.40.130 Severability.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held invalid or unconstitutional or if the application of this chapter to any person or circumstances shall be held invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clause or phrases of this chapter. (Ord. 1563-06 § 2 (part), 2006)
2.40.140 Public works emergencies.
A. Whenever an unforeseen circumstance beyond the control of the city that either: (1) presents a real, immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken, the mayor, city administrator, or designee is authorized to declare an emergency situation, waive competitive bidding requirements and award all necessary contracts on behalf of the city to address the emergency situation.
B. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the mayor, city administrator or designee within two weeks of the award date and provided to the city council at the following regularly scheduled meeting.
C. This section shall supersede Chapter 2.104. (Ord. 1990-21 § 1, 2021; Ord. 1922-19 § 2, 2019)