Chapter 8.80EMERGENCY MANAGEMENT

Sections:

8.80.010
Purpose.
8.80.020
Emergency Management Policy.
8.80.030
Definitions.
8.80.040
Emergency Management Plan.
8.80.050
Emergency Management Program.
8.80.060
Disaster and Emergency Powers of the City Manager.
8.80.070
Disaster and Emergency Powers of the Director.
8.80.080
Private Liability.
8.80.090
Penalty.
8.80.100
Severability.
8.80.010Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the City of Lakewood in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the City of Lakewood with the County and other affected public agencies and private persons, corporations and organizations. Any expenditures 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 of the City of Lakewood. (Ord. 148 § 1 (part), 1997.)

8.80.020Emergency Management Policy.

It is the policy of the City of Lakewood to make effective preparation and use of personnel, 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 Lakewood to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to three (3) days should an emergency or disaster occur. (Ord. 148 § 1 (part), 1997.)

8.80.030Definitions.

A. “Emergency Management” means the preparation 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 man-made, and to provide support for search and rescue operations for persons and property in distress.

B. “Emergency” or “disaster” as used in this Chapter 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 Manager proclaiming the existence of an emergency or the Governor declaring a state of emergency in accordance with appropriate local and state statute.

C. “Director of Emergency Management” means the person appointed by the City Manager who is responsible for the administration and operation of the emergency management program for the City of Lakewood.

D. “Deputy Director of Emergency Management” means the person appointed by the City Manager to represent the Director in his/her absence. (Ord. 148 § 1 (part), 1997.)

8.80.040Emergency Management Plan.

The City Manager and the Director are authorized to develop and implement an Emergency Management Plan for the City of Lakewood. The Emergency Management Plan so developed shall be the official Emergency Management Plan of the City of Lakewood. The Director shall file a copy of said plan in the office of the City Clerk, and distribute copies of said plan to appropriate city departments. The City Manager is further authorized to assign to the various departments and to the officers and employees of the City the functions, duties and powers set forth in the Emergency Management Plan of the City of Lakewood. (Ord. 148 § 1 (part), 1997.)

8.80.050Emergency Management Program.

A. The Emergency Management program of the City of Lakewood is hereby created, and shall consist of:

1. The City Manager, who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the City of Lakewood and direct responsibility for the emergency operations of departments of the City of Lakewood;

2. The Director who shall be appointed by the City Manager, and who shall develop and maintain the emergency management plan and program of the City of Lakewood, and shall have such other duties as may be assigned to him by the City Manager;

3. A Deputy Director, who shall be appointed by the City Manager, shall perform such functions as outlined in the emergency management plan and shall act for and exercise the powers and perform the duties of the Director during his/her absence or disability;

4. Compensated members of the emergency management organization, if appropriate;

5. Volunteer members of the emergency management organization; and,

6. Such advisory committees as may be appointed by the City Council.

B. The City of Lakewood may form its own Department of Emergency Management, or it may contract pursuant to RCW Chapter 39.34 for emergency management services with another political subdivision which does have an approved emergency management program in accordance with RCW 38.52. (Ord. 148 § 1 (part), 1997.)

8.80.060Disaster and Emergency Powers of the City Manager.

In the event of an emergency or disaster as defined herein, or upon the proclamation of a state of extreme emergency by the Governor, the City Manager is hereby empowered:

A. To proclaim the existence of an emergency, as authorized by local and state statute, and to report the facts concerning the emergency to the City Council at the earliest practical time;

B. 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 practical time by the City Council;

C. To obtain vital supplies,. equipment and such other properties found lacking and

D. needed for the protection of the life and property of the people and to bind the City of Lakewood for the fair value thereof, and, if required immediately, to commandeer the same for public use;

E. To control and direct the efforts of the emergency management organization of the City of Lakewood for the accomplishment of the purposes of this chapter;

F. 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 'm the region in which the City of Lakewood is located, to command the aid of as many citizens of the City of Lakewood as may be deemed necessary in the execution of the City Manager's duties; and such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;

G. To requisition necessary personnel or material of any City of Lakewood department or agency; and,

H. To execute all of the special powers conferred upon the City Manager by this chapter, by any other statute, agreement or lawful authority, as necessary. (Ord. 148 § 1 (part), 1997.)

8.80.070Disaster and Emergency Powers of the Director.

The Director is hereby empowered:

A. To request the City Manager to proclaim the existence or threatened existence of an emergency and the termination thereof, or to issue such proclamation, if the City Manager is not in available, subject to confirmation by the City Manager at the earliest practical time;

B. To direct coordination and cooperation between divisions, services and staff of the departments and services of the City of Lakewood in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;

C. To recommend for adoption by the City Manager or City Council, as appropriate, emergency management plans and mutual aid agreements;

D. To act on behalf of the City Manager if he/she is unable to carry out his/her duties, in carrying out purposes of this chapter or the provisions of the emergency management plan;

E. To represent the emergency management organization of the City of Lakewood in dealing with issues pertaining to emergency management; and,

F. To prepare and maintain the emergency management plan of the City of Lakewood and manage the day-to-day responsibilities of the emergency management program activities of the City of Lakewood. (Ord. 148 § 1 (part), 1997.)

8.80.080Private 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 Lakewood 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. 148 § 1 (part), 1997.)

8.80.090Penalty.

Any person who shall 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 such member by virtue of this chapter; or 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 imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof, or wear, carry or display, without authority, any means of identification specified by the emergency management agency of the State, shall upon conviction, be punished by a fine in an amount not exceeding One Thousand Dollars, or by imprisonment in jail for a period not exceeding ninety days, or both fine and imprisonment. (Ord. 148 § 1 (part), 1997.)

8.80.100Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 148 § 1 (part), 1997.)