Chapter 3.20


3.20.010    Definitions.

3.20.020    Purpose.

3.20.030    Office created.

3.20.040    Director.

3.20.050    Comprehensive emergency management plan.

3.20.060    EOC.

3.20.070    Emergency powers.

3.20.080    Emergency management action team.

3.20.090    Ratification of actions.

3.20.110    Emergency management compensation board.

3.20.120    Repealed.

*    For the statutory provision authorizing noncharter code cities to enact such ordinances as necessary to preserve the peace not in conflict with the constitution or specifically denied by the general laws, see RCW 35A.11.020.

3.20.010 Definitions.

For the purposes of this chapter the following terms shall have their ordinary meaning and, in addition:

(a)    “Emergency or disaster” means an incident 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 community overtaken by such occurrences; or

(2)    Reaches such a dimension or degree of destructiveness as to warrant the proclamation of a state of emergency.

(b)    “Emergency management” means the preparation for and the carrying out of emergency services and functions to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid those suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, human-made or technological, and to provide support for search and rescue operations for persons and property in distress. (Ord. 4611 § 1, 2017: Ord. 3476 § 2 (part), 1995)

3.20.020 Purpose.

Because of the possibility of the occurrence of emergencies or disasters of unprecedented size and destructiveness, and in order to help ensure that preparations of the city will be adequate to deal with such disasters, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the city of Kirkland, it is the purpose of this chapter to provide for emergency management in the city in accordance with the city’s comprehensive emergency management plan providing for coordination of the city’s emergency management and other essential government functions. (Ord. 4611 § 2, 2017: Ord. 3476 § 2 (part), 1995)

3.20.030 Office created.

There is hereby created, within the fire department, an office of emergency management to perform emergency management functions. The office of emergency management is the city’s local organization for emergency management for the purposes of RCW 38.52.070. (Ord. 4611 § 3, 2017: Ord. 4491 § 4 (part), 2015; Ord. 3476 § 2 (part), 1995)

3.20.040 Director.

The office of emergency management shall be headed by the director of emergency services. The city manager shall appoint the fire chief as the director of emergency services. The director of emergency services shall be directly responsible to the city manager for the organization, administration, and operation of the office of emergency management. The director of emergency services shall appoint an emergency manager, subject to the approval of the city manager. (Ord. 4611 § 4, 2017: Ord. 4491 § 5, 2015: Ord. 3476 § 2 (part), 1995)

3.20.050 Comprehensive emergency management plan.

The director of emergency services shall create and maintain the city’s comprehensive emergency management plan as described in Chapter 118-30 WAC. The city manager shall ensure that the city executes its comprehensive emergency management plan in the event of disaster and operates in accordance with said plan. (Ord. 4611 § 5, 2017: Ord. 3476 § 2 (part), 1995)

3.20.060 EOC.

The comprehensive emergency management plan shall provide for activation of the city’s emergency operations center (EOC). Operation of the EOC shall be under the direction of the director of emergency services by and through the emergency manager. (Ord. 4611 § 6, 2017: Ord. 3476 § 2 (part), 1995)

3.20.070 Emergency powers.

In the event of an emergency or disaster coming within the scope of this chapter, the city shall have the broadest authority and greatest discretion consistent with state law with respect to emergency response and operation. These powers include, but are not limited to, those provided for in RCW 38.52.070; namely, the authority to act in light of the exigencies of an emergency situation without regard to time-consuming procedures and formalities prescribed by law (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 works, 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 funds. (Ord. 4611 § 7, 2017: Ord. 3476 § 2 (part), 1995)

3.20.080 Emergency management action team.

There is hereby established an emergency management action team (EMAT), which shall be composed of at least the following: director of emergency services, emergency manager, city attorney, communication manager, and one representative from each city department. The EMAT shall support the activities of the office of emergency management to help ensure that all city departments are prepared to help respond to needs in the city of Kirkland during and after a disaster. (Ord. 4611 § 8, 2017: Ord. 3476 § 2 (part), 1995)

3.20.090 Ratification of actions.

The city manager shall have the authority to take action on behalf of the city in the event of an emergency or disaster, subject to ratification by the city council as soon as practicable. (Ord. 4611 § 9, 2017: Ord. 3476 § 2 (part), 1995)

3.20.110 Emergency management compensation board.

There is hereby established an emergency management compensation board for the processing of claims arising from emergency management related activities. This board shall function as provided for in the emergency management plan and be guided by applicable state law such as RCW 38.52.210(2) through 38.52.260. The board shall be composed of: one councilmember selected by the council; the city manager; the director of emergency services; the emergency manager; and the city attorney. The councilmember shall serve as the chair of the board and the emergency manager shall serve as secretary of the board. (Ord. 4611 § 10, 2017: Ord. 3476 § 2 (part), 1995)

3.20.120 Search and rescue.

Repealed by Ord. 4611. (Ord. 3476 § 2 (part), 1995)