Chapter 2.34


2.34.010    Purpose

2.34.020    Emergency management policy

2.34.030    Definitions

2.34.040    Emergency management program

2.34.050    Mayor - Duties and powers

2.34.060    Mayor - Succession

2.34.070    Emergency Management Coordinator - Powers and duties

2.34.080    Functions and duties of department employees

2.34.090    Private liability

2.34.100    Violation - Penalties

2.34.110    Severability

2.34.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for emergency mitigation, preparedness, response, and recovery for persons and property within the City of Lake Stevens in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the City of Lake Stevens with all other public agencies and affected private persons, corporations, and organizations. Any expenditure 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 within the City of Lake Stevens. (Ord. 1056, Sec. 2, 2019)

2.34.020 Emergency management policy.

It is the policy of the City of Lake Stevens 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 of Lake Stevens to respond to protect life, public health, property, and essential City services. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur. (Ord. 1056, Sec. 2, 2019)

2.34.030 Definitions.

The terms used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(a)    Emergency Management. “Emergency management” shall mean the preparations 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.

(b)    Emergency or Disaster. “Emergency or disaster” as used in this chapter shall mean an event or set of circumstances which: (1) demands immediate action to preserve public health, protect life, protect 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.

(c)    Emergency Management Coordinator. The Risk Manager (or their designee) shall be the Emergency Management Coordinator for the City of Lake Stevens.

(d)    Emergency Management Plan. The emergency management plan prepared by the Emergency Management Coordinator and promulgated by the Mayor is the official emergency management plan of the City of Lake Stevens. The Emergency Management Coordinator shall file a copy of said plan in the office of the City Clerk, and distribute copies of said plan to appropriate City departments. (Ord. 1137, Sec. 1, 2022; Ord. 1056, Sec. 2, 2019)

2.34.040 Emergency management program.

The emergency management program of the City of Lake Stevens is hereby created, and shall consist of:

(a)    The Mayor, who shall be the administrative head of and have direct responsibility for the organization, administration and operation of the emergency management program for the City of Lake Stevens and for the emergency operations of the City.

(b)    The Emergency Management Coordinator shall develop and maintain the emergency management plan and program of the City, and shall have such other duties as may be assigned by the Mayor.

(c)    The City may establish its own Department of Emergency Management, or be a member of a joint local organization pursuant to Chapter 38.52 RCW. (Ord. 1056, Sec. 2, 2019)

2.34.050 Mayor - Duties and powers.

The Mayor is hereby empowered to:

(a)    Request the City Council to proclaim the existence, or threatened existence, of a disaster and the termination thereof 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)    Direct coordination and cooperation between departments and staff of the departments of this City in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise among them;

(c)    Recommend for adoption by the City Council emergency management plans and mutual aid plans and agreements;

(d)    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 hereby 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 City 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 to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;

(3)    To control and direct the efforts of the emergency management organization of this City for the accomplishment of the purposes of this chapter;

(4)    To require emergency 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 this 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, pursuant to Chapter 38.52 RCW;

(5)    To requisition necessary personnel or material of any City department or agency;

(6)    To execute all of the special powers conferred upon the Mayor by this chapter, or by any other statute, agreement or lawful authority, as necessary. (Ord. 1056, Sec. 2, 2019)

2.34.060 Mayor - Succession.

For the purpose of the City of Lake Stevens emergency management program, the issuance of emergency proclamations, and the performance of duties as outlined in Section 2.34.050, “Mayor - Duties and powers,” the order of succession if the Mayor is incapacitated or unavailable shall be:

City Administrator; if incapacitated or unavailable, then

Chief of Police; if incapacitated or unavailable, then

Public Works Director; if incapacitated or unavailable, then

Emergency Management Coordinator; if incapacitated or unavailable, then

Finance Director. (Ord. 1056, Sec. 2, 2019)

2.34.070 Emergency Management Coordinator - Powers and duties.

The Emergency Management Coordinator is hereby empowered to:

(a)    Represent the City of Lake Stevens in dealing with issues pertaining to emergency management;

(b)    Prepare, maintain, and implement the emergency management plan of the City and manage the day-to-day responsibilities of the Emergency Management Program activities of the City. (Ord. 1056, Sec. 2, 2019)

2.34.080 Functions and duties of department employees.

The City Council hereby assigns to the various departments and to the officers and employees thereof the functions, duties and powers set forth in the emergency management plan referenced in Section 2.34.040, “Emergency management program.” (Ord. 1056, Sec. 2, 2019)

2.34.090 Private liability.

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 of Lake Stevens 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 omission 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. 1056, Sec. 2, 2019)

2.34.100 Violation - Penalties.

Any person who:

(a)    Willfully obstructs, hinders, or delays 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 such member by virtue of this chapter;

(b)    Does 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)    Wears, carries or displays, without authority, any means of identification specified by the Emergency Management Agency of the State;

shall be in violation of the provisions of this chapter, shall be guilty of a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days or by both such fine and imprisonment, in the discretion of the court. (Ord. 1056, Sec. 2, 2019)

2.34.110 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter as now or hereafter amended, or its application to any person or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or constitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter, and its application to other persons or circumstances shall not be affected. (Ord. 1056, Sec. 2, 2019)