Chapter 2.36
EMERGENCY MANAGEMENT SERVICES
Sections:
2.36.030 Comprehensive emergency management plan.
2.36.040 Emergency management program.
2.36.050 Administrator of emergency management – Powers and duties.
2.36.060 Disaster and emergency powers of the mayor.
2.36.070 Function and duties of divisions and employees.
2.36.080 Administrator of emergency management – Additional powers and duties.
2.36.010 Adopted.
There is hereby established a new chapter in the Enumclaw Municipal Code entitled “Emergency Management Services.” Exhibit “A,” Continuity of Operations Plan, Exhibit “B,” Base Plan, and Exhibit “C,” Emergency Support Function Reference Guide, attached to the ordinance codified in this chapter, are hereby adopted as the comprehensive emergency management plan of the city of Enumclaw. (Ord. 2560 § 1, 2015).
2.36.020 Definitions.
As used in this chapter:
A. “Administrator” means the administrator of emergency management for the city. The administrator of emergency management for the city is the city administrator.
B. “Director” means the director of emergency management for the city. The Enumclaw chief of police is the director of emergency management for the city.
C. “Emergency disaster” means an event or set of circumstances which (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the city council proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statute.
D. “Emergency management” means the preparation to carry out all emergency functions, other than functions for which the military forces are normally responsible, to mitigate, prepare for and recover from emergencies and disasters and 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. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
E. “Emergency management organization” means the functions and duties of divisions and employees as defined below. (Ord. 2732 § 1, 2022; Ord. 2560 § 2, 2015).
2.36.030 Comprehensive emergency management plan.
The comprehensive emergency management plan (CEMP) prepared by the police chief of the Enumclaw police department and promulgated by the mayor and adopted by the city council shall be the official emergency management plan of the city. The police chief shall file a copy of said plan in the office of the city clerk and distribute copies to appropriate city agencies. (Ord. 2732 § 3, 2022;Ord. 2560 § 3, 2015).
2.36.040 Emergency management program.
The emergency management program of the city is created and shall be comprised of:
A. The administrator, who shall 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 of the administrative branch of government. The administrator shall be appointed by the mayor;
B. Compensated members of the emergency management organization;
C. Volunteer members of the emergency management organization;
D. Such advisory committees as may be appointed by the administrator;
E. The city may form and develop its own emergency management operation/program, or may contract pursuant to Chapter 39.34 RCW for emergency management services with another political subdivision which does have an approved emergency management program in accordance with Chapter 38.52 RCW. (Ord. 2560 § 4, 2015).
2.36.050 Administrator of emergency management – Powers and duties.
A. To request the city council 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;
B. To request the Governor to proclaim a state of extreme emergency when, in the opinion of the administrator, the resources of the area or region are inadequate to cope with the disaster;
C. To direct coordination and cooperation between divisions, services and staff of the departments and services of this city to carry out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
D. To recommend for adoption by the city council emergency management plans and mutual aid agreements. (Ord. 2560 § 5, 2015).
2.36.060 Disaster and emergency powers of the mayor.
In the event of the proclamation of a disaster as herein provided or the proclamation of a state of extreme emergency by the Governor or the State Director of Emergency Management, the mayor is empowered:
A. 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. If the mayor is absent then those duties are delegated to the city administrator. If the mayor and city administrator are absent then those duties will be delegated to the director of emergency management;
B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of 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;
C. To require services of any 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 the city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties; such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;
D. To requisition necessary personnel or material of any city department or agency;
E. To control and direct the efforts of the emergency management organization of this city for the accomplishment of the purposes of this chapter. (Ord. 2732 § 2, 2022; Ord. 2560 § 6, 2015).
2.36.070 Function and duties of divisions and employees.
All officers and employees of the city, together with those volunteer forces 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 provisions of EMC, shall be charged with duties incident to the protection of life and property in this city during such emergency or disaster, shall constitute the emergency management organization of the city. (Ord. 2560 § 7, 2015).
2.36.080 Administrator of emergency management – Additional powers and duties.
Concurrently with the adoption of this chapter, the administrator is empowered:
A. To act on behalf of the mayor if he/she is unable to carry out his/her duties in carrying out the purposes of this chapter or the provisions of the emergency management plan;
B. To represent the emergency management organization of the city in dealing with issues pertaining to emergency management;
C. To prepare and maintain the emergency plan of the city and manage the day-to-day responsibilities of the emergency management program activities of the city. (Ord. 2560 § 8, 2015).
2.36.090 Liability limited.
No individual, firm, association, corporation 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 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 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 the condition of said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof (except a willful act of misconduct), when such 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 attacks by enemies of the United States or during an emergency or disaster drill or test ordered by lawful authority. (Ord. 2560 § 9, 2015).
2.36.100 Violation – Penalty.
It is a misdemeanor, punishable by a fine not to exceed $1,000, or by imprisonment for a term not to exceed 90 days, or both, for any person during a disaster to:
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 them by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such nature as to give, or be likely to give, assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. (Ord. 2560 § 10, 2015).