Chapter 2.96
DEPARTMENT OF EMERGENCY MANAGEMENT
Sections:
2.96.020 Emergency management policy.
2.96.040 Emergency management council created – Membership.
2.96.050 Emergency management council’s powers and duties.
2.96.060 Emergency management director – Appointed – Powers and duties.
2.96.070 Director of emergency management – Disaster powers.
2.96.080 Proclamation of disaster or emergency.
2.96.090 Authority of mayor to issue certain orders.
2.96.100 Authority of mayor to enter into contract and incur obligations.
2.96.110 Emergency purchase of supplies.
2.96.120 Use of services and equipment of municipalities and citizens.
2.96.130 Finance director to review purchases and mutual aid agreements.
2.96.140 Emergency management organization.
2.96.150 Notification of Governor, news media, and public.
2.96.170 Violations – Penalty.
2.96.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for emergency mitigation, preparedness, response and recovery, including mock or practice drills, for the protection of persons and property within the city in the event of an emergency or disaster, and to provide for coordination of emergency service functions of the city with all other affected public agencies and private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 19-05 § 2, 2005).
2.96.020 Emergency management policy.
It is the policy of the city of Buckley to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur. Emergencies and disasters, by their very nature, may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health and property. Therefore, citizens are advised to be prepared to be self-sufficient for up to 72 hours should an emergency or disaster occur. (Ord. 19-05 § 2, 2005).
2.96.030 Definitions.
(1) “Disaster” means, but is not limited to, a human-caused or natural event or circumstance causing or threatening loss of life, injury to persons or property, damage to the environment, human suffering, and financial loss, such as: fire, explosion, flood, severe weather, epidemic, riot, civil disturbance, earthquake, volcanic activity, spill or release of hazardous materials, utility or transportation emergency, act of terrorism or sabotage, other emergency, or similar public calamity; said event being or likely to be beyond the capacity of the city in terms of personnel, equipment and facilities, thereby requiring disaster assistance.
(2) “Emergency” means any occasion or instance for which it is determined that assistance is needed to supplement local efforts and capabilities to save lives and to protect property, public health and safety, and the environment and includes emergencies other than a disaster.
(3) “Emergency management” means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible. It includes preparation, mitigation, response, and recovery from emergencies or disasters. It does not include, nor does any provision of this chapter apply to, conditions relating to a labor controversy.
(4) “Mitigation” includes identification and risk analysis of hazards both natural and human-caused; development of strategies to minimize hazards; and development of resources and capabilities for effective response to risks not controlled through conventional methods.
(5) “Preparation” means the active planning, testing, and revising of operational procedures and policies to prepare for an emergency or disaster. It includes coordination with local, county, state and federal agencies to ensure cohesive working relationships and compatible emergency plans.
(6) “Recovery” includes assessment of community needs after an event, prioritizing actions for recovery, coordinating agencies during recovery, documenting costs, and facilitating disaster assistance to obtain local, state and federal assistance after an emergency or disaster.
(7) “Response” includes the initiation of warnings to potential or present emergencies or disasters; initiation of actions necessary to effectively act during an emergency or disaster; damage assessment and evaluation; coordination of operations, logistics, and planning activities during an emergency or disaster; and documentation of actions taken during an emergency or disaster. (Ord. 19-05 § 2, 2005).
2.96.040 Emergency management council created – Membership.
The emergency management council is hereby created, and shall consist of the following:
(1) The mayor, who shall be the chairperson.
(2) The director of emergency management, who shall be vice chairperson.
(3) All department heads of the city of Buckley and the city administrator.
(4) The mayor, with the advice and consent of the city council, may appoint such city officials and other citizens with relevant technical expertise as members of the emergency management council. (Ord. 19-05 § 2, 2005).
2.96.050 Emergency management council’s powers and duties.
It shall be the duty of the emergency management council, and it is hereby empowered, to review and recommend for city council adoption emergency management and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The emergency management council shall meet upon call of the chairperson, or in the chairperson’s absence from the city or inability to call such meeting, upon the call of the vice chairperson. (Ord. 19-05 § 2, 2005).
2.96.060 Emergency management director – Appointed – Powers and duties.
(1) The position of director of emergency management is hereby created. The director shall be appointed by the mayor, subject to confirmation by the city council.
(2) The director or his/her designee is hereby empowered and directed to:
(a) Prepare an emergency management operating plan for the city conforming to the county and State Office of Emergency Management plans and programs.
(b) Control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter.
(c) Direct coordination and cooperation between departments, divisions, services, and staff of the emergency management organization of the city, and resolve questions of authority and responsibility that may arise between them.
(d) Represent the emergency management organization of the city in all dealings with public or private agencies pertaining to emergency management and response to disasters.
(e) The city may form its own department of emergency management, or it may contract pursuant to Chapter 39.34 RCW for emergency management services with another political subdivision which has an approved emergency management program in accordance with Chapter 38.52 RCW. The director of emergency management shall coordinate either option. (Ord. 19-05 § 2, 2005).
2.96.070 Director of emergency management – Disaster powers.
The director is hereby empowered to:
(1) 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 approved by the emergency management council and confirmed by the city council at the earliest practicable time.
(2) Obtain vital supplies, equipment and such other properties found lacking and immediately needed for the protection of the life and property, and bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use.
(3) Require emergency services of any city officer or employee, and to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency worker volunteers (as defined by Chapter 118-30 WAC).
(4) Requisition necessary personnel or material of any city department or agency.
(5) Execute all of the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the emergency management council, or by any other lawful authority. (Ord. 19-05 § 2, 2005).
2.96.080 Proclamation of disaster or emergency.
(1) Whenever a disaster or emergency, or imminent threat thereof, occurs in the city and results in, or threatens to result in, loss of life, injury to persons or property, damage to the environment, human suffering and financial loss, or the disruption of local government to such an extent as to require, in the judgment of the mayor, extraordinary measures to prevent the death or injury of persons, to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the mayor, or in the event of the mayor’s inability to act, the mayor pro tem, or in the event of the mayor pro tem’s inability to act, any other member of the city council acting for and instead of the mayor, shall forthwith proclaim in writing the existence of a disaster or emergency.
(2) Such disaster or emergency shall cease to exist upon the issuance of a proclamation by the mayor terminating the emergency. The mayor shall issue such proclamation when extraordinary measures are no longer required for the protection of the public peace, safety, and welfare.
(3) Any such proclamation by the mayor shall, at the earliest practicable time, be presented to the city council for ratification and confirmation, modification, or rejection, and if rejected, shall be void. (Ord. 19-05 § 2, 2005).
2.96.090 Authority of mayor to issue certain orders.
Upon proclamation of a disaster or emergency by the mayor, and during the existence of such disaster or emergency, the mayor may make and proclaim any or all of the following orders:
(1) An order imposing a general curfew applicable to the city as a whole, or to certain geographical areas of the city during such hours as deemed necessary. Effective hours and affected area or areas may be modified from time to time.
(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 unauthorized seizure, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the mayor, 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 gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
(6) An order closing to the public any or all public places including, but not limited to, public ways, schools, parks, amusement areas, and public buildings.
(7) An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.
(8) An order requesting federal and/or state assistance in such disaster or emergency.
(9) An order establishing economic controls in aid of, supplementary to, and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of 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 disaster or emergency.
(12) An order providing for the evacuation and reception of the population of the city or any part thereof.
(13) Such other orders as are imminently necessary for the protection of life, property and the environment.
Provided, however, that any such orders shall at the earliest practicable time be presented to the city council for ratification and confirmation, modification or rejection, and if rejected shall be void. (Ord. 19-05 § 2, 2005).
2.96.100 Authority of mayor to enter into contract and incur obligations.
(1) Upon the proclamation by the mayor of an emergency or disaster and during the existence of such emergency or disaster, the mayor, in carrying out the provisions of Chapter 38.52 RCW, shall have the power by order to enter into contract and incur obligations necessary to combat such emergency or disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such emergency or disaster. Such powers shall be exercised in light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance or statute (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds, provided the mayor shall, whenever practicable, advise and consult with the city council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the city council for review and appropriate legislation including:
(a) Findings by resolution with respect to actions taken;
(b) Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;
(c) Approval of gifts, grants, or loans accepted or made by the mayor during the emergency;
(d) A finding of the existence of such emergency, and a direction to the city finance director, upon making such finding and ratification of any public works contract, that a description and estimate of the work be made and published, all as required pursuant to RCW 39.04.020.
(2) The city finance director shall be authorized to draw and to pay the necessary warrants for expenditures made pursuant to order and authorized by the city council.
(3) Notwithstanding the foregoing, and insofar as may be practical or possible, the proper city officers shall attempt to secure from contractors appropriate forms as may be required pursuant to Chapters 39.12 and 50.24 RCW, and such forms as may be necessary to signify that all appropriate sales and use taxes have been paid to the State Department of Revenue.
(4) Upon the proclamation of a disaster or emergency, and during the existence thereof, the proper officers of the city, and as authorized by the mayor, may make available services, equipment, supplies, materials, or funds through grants, loans, or gifts to those who are in need of assistance for the sole purpose of protecting life and property. (Ord. 19-05 § 2, 2005).
2.96.110 Emergency purchase of supplies.
Upon the proclamation of a disaster or emergency by the mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedures:
(1) Standardized emergency purchasing forms shall be provided by the finance director for all emergency purchases or contracting for supplies, materials, or labor during the existence of such emergency. Forms shall provide for the filling in of appropriate information prescribed by the finance director including date and time of purchase; name and address of supplier; quantity, unit, description, unit price and total price of item, date required and date delivered; description of use of item, including description of job and location of job; and name and identification of the city employee purchasing and receiving purchased items.
(2) A log of all purchases made during any emergency shall be maintained by each department and by the finance director.
(3) Department heads using emergency purchase forms shall account for all costs incurred in making such purchases.
(4) Upon termination of the emergency, the department heads shall review all emergency purchase orders issued by their respective departments, and shall verify and authenticate such orders, and submit a summary thereof through the finance director to the city council for authorization of payment. (Ord. 19-05 § 2, 2005).
2.96.120 Use of services and equipment of municipalities and citizens.
In addition to and/or in conjunction with the exercise of powers specified in BMC 2.96.080 through this section, the mayor shall in accordance with Chapter 38.52 RCW and carrying out the provisions thereof:
(1) Utilize to the maximum extent practicable the services, equipment, supplies and facilities of existing departments and offices of the city, state, and other municipal corporations organized under the laws of the state; and
(2) In the event of a disaster and upon the proclamation by the Governor of the existence of such disaster, command the service and equipment of as many citizens as the mayor considers necessary in 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 Chapter 38.52 RCW and federal and state regulations for registered emergency service workers. (Ord. 19-05 § 2, 2005).
2.96.130 Finance director to review purchases and mutual aid agreements.
The finance director, in cooperation with city departments making purchases or expenditures during the existence of an emergency, shall review all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds. The finance director shall also review all mutual aid agreements and services received thereunder by the city during any such disaster or emergency and shall certify to the mayor the services received and any payment due therefor. (Ord. 19-05 § 2, 2005).
2.96.140 Emergency management organization.
All officers and employees of the city, together with those citizens enrolled to aid them during an emergency or disaster, and all groups, organizations, and persons who may, by agreement or operation of law, including persons pressed into service under the provision of BMC 2.96.120, charged with duties incident to the protection of life and property in the city during an emergency or disaster, shall constitute the emergency management organization of the city. (Ord. 19-05 § 2, 2005).
2.96.150 Notification of Governor, news media, and public.
The mayor shall cause any proclamation issued by the mayor pursuant to the authority of this chapter to be delivered to the Governor of the state and, to the extent practicable, to all news media within the city, and shall utilize such other available means, including public address systems, as shall be necessary in his judgment to give notice of such proclamation to the public. (Ord. 19-05 § 2, 2005).
2.96.160 Private liability.
No individual, firm, association, cooperation or other party owning, maintaining or controlling any building or premises who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock, or practice 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 the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or emergency or test ordered by lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the state of Washington. The city is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 19-05 § 2, 2005).
2.96.170 Violations – Penalty.
It is a misdemeanor for a first offense and gross misdemeanor for any additional offense for any person during an emergency or disaster to:
(1) 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 them by virtue of this chapter;
(2) Do any act forbidden by lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof;
(3) Wear, carry or display, without authority, any means of identification specified by the city, county, or State Department of Emergency Management.
Misdemeanors and gross misdemeanors shall be subject to the penalties identified in RCW 9A.20.021, as now or hereafter amended. (Ord. 19-05 § 2, 2005).