Chapter 8.02
EMERGENCY MANAGEMENT
Sections:
8.02.020 Emergency management policy.
8.02.030 “Emergency management” defined.
8.02.040 “Emergency or disaster” defined.
8.02.050 “Disaster coordinator” defined.
8.02.060 “Deputy disaster coordinator” defined.
8.02.070 Emergency operations plan.
8.02.080 Emergency management organization.
8.02.090 Disaster and emergency powers of the mayor.
8.02.100 Disaster and emergency powers of the disaster coordinator.
8.02.110 Functions and duties of departments and employees.
8.02.010 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 Brier in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city of Brier with the Emergency Services Coordinating Agency (ESCA) 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 Brier. (Ord. 304 § 3(part), 2003)
8.02.020 Emergency management policy.
It is the policy of the city of Brier 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 of Brier 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 seventy-two hours should an emergency or disaster occur. (Ord. 304 § 3(part), 2003)
8.02.030 “Emergency management” defined.
“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. (Ord. 304 § 3(part), 2003)
8.02.040 “Emergency or disaster” defined.
“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 area within the city 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 statutes. (Ord. 304 § 3(part), 2003)
8.02.050 “Disaster coordinator” defined.
“Disaster coordinator” shall mean the person, appointed by the mayor, who is responsible for the administration and operation of the emergency management program for the city of Brier. (Ord. 304 § 3(part), 2003)
8.02.060 “Deputy disaster coordinator” defined.
The “deputy disaster coordinator” shall mean the person appointed by the disaster coordinator to represent him/her in his/her absence. (Ord. 304 § 3(part), 2003)
8.02.070 Emergency operations plan.
The emergency operations plan, prepared by the emergency management committee, is the official emergency operations plan of the city of Brier. The disaster coordinator shall file a copy of said plan in the office of the Brier city clerk, and distribute copies of said plan to appropriate city departments. (Ord. 304 § 3(part), 2003)
8.02.080 Emergency management organization.
The emergency management organization of the city of Brier is hereby created, and shall consist of:
A. The mayor, who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the city of Brier and direct responsibility for the emergency operations of departments in the city of Brier.
B. The disaster coordinator, who shall be appointed by the mayor, and who shall develop and maintain the emergency operations plan and program in cooperation with the Emergency Services Coordinating Agency (ESCA), and the emergency management committee, and shall have such other duties as may be assigned to him/her by the mayor, etc.
C. A deputy disaster coordinator, who may be appointed by the disaster coordinator, subject to the 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 disaster coordinator during his/her absence or disability.
D. An emergency management committee shall provide staff support to the disaster coordinator in the direction for the development, implementation, and maintenance of the emergency operations plan, to staff the emergency operations center and perform other necessary functions during an emergency or disaster. During an emergency or disaster, the committee shall also oversee and provide policy recommendations to the Brier city council. The committee shall be chaired by the mayor and shall consist of such key personnel as are designated by the department directors, personnel from the Emergency Services Coordinating Agency (ESCA) and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the disaster coordinator.
E. The city of Brier has, in conjunction with other cities, in consideration of mutual benefits to be derived, and as authorized under Chapter 39.34 RCW, formed the Emergency Services Coordinating Agency (ESCA) to provide combined emergency management services in accordance with Chapter 38.52 RCW.
F. Other as deemed appropriate by the city of Brier. (Ord. 304 § 3(part), 2003)
8.02.090 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 extreme emergency by the Governor of the state, or other agency with jurisdiction, the mayor is hereby empowered:
A. To make and issue administrative rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such administrative rules and regulations shall be presented to the Brier city council at the earliest reasonable opportunity.
B. To request the county executive to proclaim a local emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster.
C. To obtain vital supplies, equipment and such other properties and materials found lacking and needed for the protection of the life and property of the people, so long as such procurement is reasonably related to the disaster in emergency services, procurement is in line with the total of the budget of the city for the fiscal year, and ratification of purchases by the council shall be undertaken at the earliest opportunity by the city council.
D. To control and direct the efforts of the emergency management organization of the city of Brier for the accomplishment of the purposes of this chapter.
E. To require emergency services of any city of Brier officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which the city of Brier is located, to command the aid of as many citizens of Brier 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.
F. To requisition necessary personnel or material of any city of Brier department or agency.
G. To execute all of the special powers conferred upon the mayor, etc., by this chapter, by any other statute, agreement or lawful authority, as necessary.
H. Other as deemed appropriate by the Brier city council. (Ord. 304 § 3(part), 2003)
8.02.100 Disaster and emergency powers of the disaster coordinator.
The disaster coordinator is hereby empowered:
A. To request the mayor to proclaim the existence or threatened existence of a disaster and the termination thereof, if the Brier city council is in session, or to issue such proclamation, if the Brier city council is not in session, subject to confirmation by the Brier 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 Brier city council mutual aid agreements.
D. To act on behalf of the mayor, if the mayor is unable to carry out his/her duties, in carrying out the purposes of this chapter or the provisions of the emergency management plan.
E. To represent the emergency management organization of the city of Brier in dealing with issues pertaining to emergency management.
F. To prepare and maintain the emergency management plan of the city of Brier and manage the day-to-day responsibilities of the emergency management program activities of the city of Brier in coordination with the Emergency Services Coordinating Agency (ESCA).
G. Other as deemed appropriate by the Brier city council. (Ord. 304 § 3(part), 2003)
8.02.110 Functions and duties of departments and employees.
The Brier 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 8.02.070. (Ord. 304 § 3(part), 2003)
8.02.120 Private liability.
The city, through the office of the mayor or disaster coordinator, or designee, may present for consideration by the council an agreement to hold any individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises, or providing any materials or assistance during a disaster, harmless from any claims by the city, its agents or persons acting on its behalf, or from liability by a third party; provided, that such hold harmless shall not be effective until approved by the council; and further provided, that said hold harmless shall be specific as to time, place, nature and kind of obligation, and shall include all other usual and ordinary terms, conditions, and limitations for such hold harmless agreements. (Ord. 304 § 3(part), 2003)
8.02.130 Penalty.
Any person who shall:
A. Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter shall have committed a misdemeanor and be punished in accordance with provisions set forth in BMC 1.28.030(A).
B. Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the state shall have committed a misdemeanor and be punished in accordance with BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 304 § 3(part), 2003)
8.02.140 Severability.
If any provision of this chapter or the 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. 304 § 3(part), 2003)