Chapter 2.64


2.64.010    Purpose.

2.64.020    Definitions.

2.64.030    Emergency services council – Created – Membership.

2.64.040    Emergency services council – Powers and duties.

2.64.050    Director – Office created – Powers and duties.

2.64.060    Organization – Divisions, services and staff – Council authority.

2.64.070    Organization – Duty of city officers.

2.64.080    Unlawful acts designated – Penalty.

2.64.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the civil defense of persons and property within this city in the event of a disaster, and to provide for the coordination of the emergency services and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency services and disaster 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. 546 § 1, 1956).

2.64.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

A. “Disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

B. “Emergency services” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy. (Ord. 546 § 2, 1956).

2.64.030 Emergency services council – Created – Membership.

Pursuant to the authority conferred by RCW 38.52.070, there is created an emergency services council. The council shall consist of the following:

A. The mayor, who shall be chairman;

B. The chief of police, who shall be a co-director of emergency services;

C. The fire chief, who shall be a co-director of emergency services;

D. The city administrator;

E. One city councilmember;

F. Such city officials and other citizens of this city as may be appointed by the mayor with the advice and consent of the city council. (Ord. 1466 § 1, 2001; Ord. 546 § 3, 1956).

2.64.040 Emergency services council – Powers and duties.

It shall be the duty of the emergency services council, and it is empowered, to review and recommend for adoption, civil defense and mutual aid plans and agreements and such resolutions, rules and regulations as are necessary to implement such plans and agreements. The emergency services council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon the call of the vice-chairman. (Ord. 546 § 4, 1956).

2.64.050 Director – Office created – Powers and duties.

A. There is created the office of director of emergency services. Such officer shall be appointed by the mayor with the advice and consent of the emergency services council.

B. The director is empowered and directed:

1. To prepare an emergency services operating plan for the city conforming to the county and state emergency services plan and program;

2. To control and direct the effort of the emergency services organization of this city for the accomplishment of the purposes of this chapter;

3. To direct coordination and cooperation between divisions, services and staff of the emergency services organization of this city, and to resolve questions of authority and responsibility that may arise between them;

4. To represent the emergency services organization of this city in all dealings with public or private agencies pertaining to emergency services and disaster.

C. In the event of disaster as provided in this chapter, the director is 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 emergency services council;

2. 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 bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

3. To require emergency services of any city officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers 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 services workers;

4. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the emergency services council, or by any other lawful authority;

5. To requisition necessary personnel or material of any city department or agency. (Ord. 546 §§ 5, 6, 1956).

2.64.060 Organization – Divisions, services and staff – Council authority.

A. The functions and duties of the Burlington emergency services organization shall be distributed among such divisions, services and special staff as the emergency services council shall prescribe.

B. The emergency services council shall, concurrently with the adoption of the ordinance codified in this chapter, prescribe the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Department of Emergency Services of the state. (Ord. 546 § 8, 1956).

2.64.070 Organization – Duty of city officers.

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of BMC 2.64.050, charged with duties incident to the protection of life and property in this city during disaster, shall constitute the emergency services organization of the city. (Ord. 546 § 7, 1956).

2.64.080 Unlawful acts designated – Penalty.

It is a misdemeanor, punishable as provided in chapter 1.24 BMC, for any person during a disaster:

A. To wilfully obstruct, hinder or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;

B. To 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;

C. To wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Services. (Ord. 546 § 9, 1956).