Chapter 2.75
EMERGENCY MANAGEMENT
Sections:
2.75.030 Emergency management policy.
2.75.040 Emergency operations plan.
2.75.050 Emergency management.
2.75.060 Disaster and emergency powers of the mayor.
2.75.070 Disaster and emergency powers of the city manager.
2.75.080 Disaster and emergency powers of the director of emergency management.
2.75.010 Definitions.
(1) “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.
(2) “Emergency management organization” shall mean the Washington Military Department, Emergency Management Division, or its successor or any emergency management organization created in accordance with Chapter 38.52 RCW.
(3) “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 city manager proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statute.
(4) “Director of emergency management” shall mean the city manager or his/her designee who shall be responsible for the administration and operation of the emergency management program for the city of Burien.
(5) “Disaster coordinator” shall mean the person(s) appointed by the director of emergency management to perform duties in support of the director of emergency management as assigned. [Ord. 473 § 1, 2007]
2.75.020 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 Burien 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. 473 § 1, 2007]
2.75.030 Emergency management policy.
It is the policy of the city of Burien 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 at least 72 hours should an emergency or disaster occur. [Ord. 473 § 1, 2007]
2.75.040 Emergency operations plan.
The emergency operations plan, prepared at the direction of the city manager and approved by executive order of the city manager, is the official emergency operations plan of the city of Burien. The director of emergency management shall file a copy of said plan in the office of the city clerk, and distribute copies of said plan to appropriate city departments, King County office of emergency management, neighboring cities, and the Washington Military Department, Emergency Management Division. [Ord. 473 § 1, 2007]
2.75.050 Emergency management.
(1) There is hereby created, in accordance with Chapter 38.52 RCW, an emergency management organization. The purpose of the local organization is to perform local emergency management functions. The organization shall represent only the city of Burien and operate only within the city.
(2) The city’s director of emergency management 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. The director of emergency management shall be responsible for assuring that emergency preparedness, mitigation, response and recovery activities are carried out within the city, through the emergency operations plan.
(3) The director of emergency management shall develop and maintain the emergency operations plan and program and shall have such other duties as may be added by amendment to this chapter.
(4) An emergency planning team appointed by the director of emergency management shall provide staff support in the development, implementation and maintenance of the emergency operations plan and to staff the emergency operations center (or its successor), 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 city manager, 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 management. [Ord. 473 § 1, 2007]
2.75.060 Disaster and emergency powers of the mayor.
The mayor shall be responsible for:
(1) Providing visible leadership to the community;
(2) Providing policy direction through the city manager and the director of emergency management. [Ord. 473 § 1, 2007]
2.75.070 Disaster and emergency powers of the city manager.
In the event of an emergency or disaster or upon the proclamation of a state of extreme emergency by the Governor of the state, the city manager is hereby empowered:
(1) To issue an executive order proclaiming an emergency, which order shall be in effect until such time that the city manager determines that the extraordinary measures detailed therein are no longer required for the protection of the public peace, safety, and welfare;
(2) 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;
(3) To request, through established channels, the county executive to proclaim a local emergency when, in the opinion of the city manager, the resources of the area or region are inadequate to cope with the disaster;
(4) 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;
(5) To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter;
(6) 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;
(7) To requisition necessary personnel or material of any city department or agency;
(8) To execute all of the special powers conferred upon the manager by this chapter, by any other statute, agreement or lawful authority, as necessary;
(9) To take any other action necessary to protect and ensure the safety and wellbeing of Burien residents, businesses and property as deemed appropriate by the city council or the city manager; provided, that the city manager provides notice of the action to the city council at the earliest reasonable opportunity. [Ord. 740 §§ 1, 2, 2020; Ord. 473 § 1, 2007]
2.75.080 Disaster and emergency powers of the director of emergency management.
The director of emergency management is hereby empowered:
(1) To request the city manager 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, ordinances, interlocal and mutual aid agreements.
(4) To represent the emergency management organization of the city in dealing with issues pertaining to emergency management.
(5) To maintain the emergency management plan of the city and manage the day-to-day responsibilities of the emergency management program activities.
(6) To take any other action necessary to protect and ensure the safety and wellbeing of Burien residents, businesses and property, and, if the director is a city manager designee, with notice to the city manager at the earliest reasonable opportunity. [Ord. 740 § 3, 2020; Ord. 473 § 1, 2007]
2.75.090 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. 473 § 1, 2007]
2.75.100 Penalty.
Any person who shall:
(1) Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulations issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter; or
(2) 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 or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; or
(3) Falsely (a) represent himself or herself to be an official of an emergency management organization; (b) wear, without authority of an emergency management organization, uniforms or a distinctive part thereof, or any badge, identification or insignia of an emergency management organization, or any facsimile of the aforementioned uniform, badge, identification or insignia; or (c) wear or carry upon his person or display upon a vehicle, without the authority of an emergency management organization, any object, device or lettering designed to create the impression such person is in any manner acting in an official capacity connected with such emergency management organization; shall upon conviction be fined in any sum not exceeding $5,000, or by imprisonment in jail for a period not exceeding one year, or both, at the discretion of the court. [Ord. 473 § 1, 2007]