Chapter 2.04

*    Editor’s Note: See also Ch. 2.104, “Emergency Management.”


2.04.010    Proclamation of civil emergency – When.

2.04.020    Orders during emergency.

2.04.030    Presentation of orders to commissioners for ratification.

2.04.040    Public to be notified.

2.04.050    Violation of order deemed misdemeanor.

2.04.010 Proclamation of civil emergency – When.

The chairman of the board of commissioners, or if he is unavailable, any other available commissioner, shall proclaim in writing the existence of a civil emergency, when it appears under existing circumstances that riot, unlawful assembly, insurrection, or the imminent threat thereof has occurred within the confines of Kitsap County and resulted in, or threatened to result in, the death or injury of persons, or the destruction of property to such extent as to require, in his judgment, extraordinary measures to protect the public peace, safety and welfare.

(Ord. 47 (1969) § 1, 1969)

2.04.020 Orders during emergency.

Upon the proclamation of a civil emergency by the chair of the board of commissioners, or such other members of the board of commissioners as may be available, and during the existence of such civil emergency, the chair may make and proclaim any or all of the following orders:

(1)    An order imposing a general curfew applicable to the county as a whole, or to such geographical area or areas of the county as the chair deems necessary, and during such hours as the chair deems necessary; and the chair may from time to time modify the area or areas to which such a curfew shall apply, and the hours that such curfew will be in effect;

(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 for possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the chair’s discretion, be allowed to remain open;

(4)    An order requiring the discontinuance of sale, distribution, or giving away of alcoholic beverages in any or all parts of the county;

(5)    An order prohibiting the carrying or possession of any instrument which is capable of inducing bodily harm; provided, that any such order shall not apply to firearms or to peace officers or military personnel engaged in the performance of their official duties;

(6)    An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid, flammable or combustible products in any container (other than a gasoline tank properly fixed to a motor vehicle);

(7)    An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;

(8)    Such other orders as are imminently necessary for the protection of life and property.

(Ord. 460-2010 § 1, 2010: Ord. 47 (1969) § 2, 1969)

2.04.030 Presentation of orders to commissioners for ratification.

Any orders proclaimed pursuant to Section 2.04.020 shall, at the earliest practical time, be presented to the board of commissioners for ratification and confirmation and if not so ratified and confirmed shall be void.

(Ord. 47 (1969) § 3, 1969)

2.04.040 Public to be notified.

The chairman of the board of commissioners, or such other commissioner as is available, shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within the county, and shall utilize such other available means, including public address systems, as is necessary, in his judgment, to give notice of such proclamation to the public.

(Ord. 47 (1969) § 4, 1969)

2.04.050 Violation of order deemed misdemeanor.

It is unlawful for anyone to fail or refuse to obey any such order proclaimed pursuant to this legislation. Any person convicted of a violation of this section is guilty of a misdemeanor.

(Ord. 47 (1969) § 5, 1969)