Chapter 7.20
EMERGENCY MANAGEMENT

Sections:

7.20.010    Purpose.

7.20.020    Emergency management policy.

7.20.030    Definitions.

7.20.040    Comprehensive emergency management plan annex (COL-CEMP).

7.20.041    Snohomish County comprehensive emergency management plan (SC-CEMP) adopted by reference.

7.20.042    Snohomish County hazard mitigation plan (SCHMP) adopted by reference.

7.20.043    Snohomish County department of public works, solid waste division, disaster debris management plan (DDMP) adopted by reference.

7.20.050    Emergency management organization.

7.20.060    Declaration of emergency.

7.20.070    Emergency and disaster powers.

7.20.080    Emergency operations center.

7.20.090    Continuity of government.

7.20.100    Emergency public works contracting.

7.20.110    Effect of chapter on other rules, regulations and orders.

7.20.120    Effect of chapter on existing agreements.

7.20.130    General public duty created.

7.20.140    Private liability.

7.20.150    Penalty.

7.20.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and implementation of plans for mitigation, prevention, preparedness, response and recovery activities within the city in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city with Snohomish 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 for the direct protection and benefit of the inhabitants and property of the city. (Ord. 3310 § 1, 2018)

7.20.020 Emergency management policy.

It is the policy of the city to make effective preparations and use of staffing, resources, and facilities for dealing with any emergency or disaster that may occur. Emergencies and disasters, by their very nature, may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health and property. Therefore, citizens are advised to be prepared to be without public services or utilities for up to a minimum of two weeks should an emergency or disaster occur. (Ord. 3310 § 1, 2018)

7.20.030 Definitions.

A. When used in this chapter, the following words, terms and phrases, and their derivations, shall have the following meanings ascribed to them in Chapter 38.52 RCW and this section, except where the context clearly indicates a different meaning:

“Chief elected official” shall mean the chief elected executive officer for the city of Lynnwood. This position is held by the mayor; however, if the mayor is absent or incapacitated or the position is otherwise vacant, the position is filled in accordance with the succession plan identified in LMC 7.20.090.

“Continuity of government” or “COG” shall mean the preservation, maintenance, or reconstitution of the civil government’s ability to carry out the executive, legislative, and judicial processes and services under the threat or occurrence of any emergency condition that could disrupt such processes and services.

“County” shall mean Snohomish County.

“Emergency” or “disaster” shall mean 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 area within the city overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the mayor declaring the existence of a disaster or the Governor proclaiming a state of emergency in accordance with appropriate local ordinances and state statute, or (3) affects seriously the safety, health, or welfare of a substantial number of citizens of this city or precludes the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking state and/or county supplementation of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering, or hardship faced, having been caused by forces beyond the control of man, by reason of civil disorder, riot, or disturbance, or by factors not foreseen and not known to exist when the city budget was adopted.

“Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prevent, 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, technological or manmade, and to provide support for search and rescue operations for persons and property in distress.

“Emergency management director” shall mean the person responsible for the administration and operation of the emergency management program for the city, appointed by the mayor in accordance with RCW 38.52.070(1).

B. All definitions of terms contained in RCW 38.52.010 as adopted or as hereafter amended are adopted by this reference. (Ord. 3310 § 1, 2018)

7.20.040 Comprehensive emergency management plan annex (COL-CEMP).

A. The city of Lynnwood comprehensive emergency management plan annex (COL-CEMP) provides the framework for mitigation, preparedness, response and recovery activities, and establishes functions and responsibilities to save lives, protect public health, safety, property, the economy and the environment, and foster a return to a normal way of life.

B. The COL-CEMP is developed as an annex of the Snohomish County comprehensive emergency management plan (SC-CEMP).

C. The COL-CEMP is prepared under the direction of the emergency management director, was promulgated by the mayor on December 1, 2016, and, as now existing or as later may be amended, is the official emergency management plan of the city.

D. The director shall file a copy of the COL-CEMP with the office of the city clerk and distribute copies of said plan to appropriate city departments. (Ord. 3310 § 1, 2018)

7.20.041 Snohomish County comprehensive emergency management plan (SC-CEMP) adopted by reference.

The current edition of the Snohomish County comprehensive emergency management plan (SC-CEMP), as promulgated by the Snohomish County department of emergency management (DEM) and adopted by the Snohomish County council, is adopted and incorporated by reference as though fully set forth in this chapter, as now existing and as hereafter amended. (Ord. 3310 § 1, 2018)

7.20.042 Snohomish County hazard mitigation plan (SCHMP) adopted by reference.

The current edition of the Snohomish County hazard mitigation plan (SCHMP), as approved by the Federal Emergency Management Agency (FEMA) and adopted by the Snohomish County council, is adopted and incorporated by reference as though fully set forth in this chapter, as now existing and as hereafter amended. (Ord. 3310 § 1, 2018)

7.20.043 Snohomish County department of public works, solid waste division, disaster debris management plan (DDMP) adopted by reference.

The Federal Emergency Management Agency (FEMA) requires that municipalities adopt a disaster debris management plan [FEMA 325]. As an emergency management partner with Snohomish County, the city utilizes the current edition of the Snohomish County department of public works, solid waste division, disaster debris management plan (DDMP). The current edition of the Snohomish County department of public works, solid waste division, disaster debris management plan (DDMP) is adopted and incorporated by reference as though fully set forth in this chapter, as now existing and as hereafter amended. (Ord. 3310 § 1, 2018)

7.20.050 Emergency management organization.

A. There is hereby created, in accordance with Chapter 38.52 RCW, an emergency management organization for the city. The purpose of the organization is to perform local emergency management functions. The organization shall represent only the city and exercise emergency authority only within the city’s borders pursuant to the adopted comprehensive emergency management plan annex (COL-CEMP).

B. The emergency management director shall be a member of the city’s police department as appointed by the mayor. The emergency management director shall have direct responsibility for the organization, administration, and operation of the emergency management program for the city. The emergency management director shall develop and maintain the emergency operations plan and program and shall have such other duties as may be stated in this chapter.

C. The deputy emergency management director shall be a city employee as appointed by the mayor. The deputy emergency management director shall exercise the powers and perform the duties of the emergency management director during her/his absence or disability. In the absence or disability of the deputy emergency management director, the position shall be filled by the chief of police.

D. An emergency operations board is hereby created to provide direction and policy making decisions to the emergency operations center during and after a disaster has occurred in the city. The emergency operations board will consist of the mayor, city council president, assistant city administrator, all department directors, and the court administrator. The board shall appoint one of its members to serve as the official recordation person for the board. (Ord. 3310 § 1, 2018)

7.20.060 Declaration of emergency.

A. Whenever an emergency or disaster, or the imminent threat thereof, occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of or damage to property to such extent as to require, in the judgment of the chief elected official, extraordinary and immediate measures to protect the public health, safety, and welfare, the chief elected official shall forthwith declare the existence or threatened existence of an emergency.

B. Such declarations of emergency may be in addition to, or as an alternative to, the proclamation of a state of emergency by the Governor.

C. The chief elected officer shall terminate the declaration of emergency when the emergency or threat has been abated or order has been restored in the affected area of the city. (Ord. 3365 § 1, 2020; Ord. 3310 § 1, 2018)

7.20.070 Emergency and disaster powers.

A. Chief Elected Official. In the event of a declaration of emergency as herein provided, or upon a proclamation of a state of emergency by the Governor, the mayor, or successor as designated in LMC 7.20.090, is hereby empowered:

1. To make and issue rules, regulations and orders on all matters reasonably related to the protection of life and property as affected by such disaster; provided, however, that such rules, regulations and orders that suspend or alter provisions of an existing ordinance must be confirmed by means of a resolution within 30 days if possible by the city council; and

2. To request the county executive to declare a local emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster; and

3. To be the head of the emergency operations board in the event of an emergency or disaster to assure policy decisions and continuity of government is addressed and maintained; and

4. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of 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; and

5. To waive and dispense with public bidding requirements of RCW 35.23.352, Chapters 39.04 and 39.80 RCW and Chapter 2.92 LMC on an emergency basis as necessary; and

6. To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter; and

7. 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 the city is located, to command the aid of as many citizens of the city as may be deemed necessary in the execution of the chief elected official’s duties; and such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency workers; and

8. To requisition necessary personnel or material of any city department, with the exception of the municipal court without approval of the presiding judge; and

9. To execute all the special powers conferred upon the mayor by this chapter, by any other statute, agreement, or lawful authority, as necessary; and

10. To establish exemptions to notice requirements of the “Open Public Meetings Act”; and

11. To establish continuity of government and to ensure proper succession of authority.

B. Emergency Management Director. The emergency management director is hereby empowered:

1. To request the mayor, or successor, declare the existence or threatened existence of an emergency and the termination thereof; and

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

3. To recommend for adoption by the city council, emergency management plan(s) and mutual aid agreements; and

4. To act on behalf of the chief elected official or their successor(s) if she/he is unable to carry out her/his duties, in carrying out purposes of this chapter or the provisions of the emergency management plan; and

5. To represent the emergency management organization of the city in dealing with issues pertaining to emergency management; and

6. To determine the incident command structure based upon the type of event or upon change of status of the event.

C. Departments and Employees. All city departments, and all officers and employees thereof, are hereby assigned the powers and duties set forth in the COL-CEMP. (Ord. 3365 § 2, 2020; Ord. 3310 § 1, 2018)

7.20.080 Emergency operations center.

The city shall establish and staff an emergency operations center (EOC) equipped with a communications system to support government operations and emergencies, and provide other essential functions and equipment for agencies and activities assigned an emergency function. The main training room of Fire Station 15 (18800 44th Ave West) is hereby designated as the emergency operations center. (Ord. 3310 § 1, 2018)

7.20.090 Continuity of government.

A. City Council. In the event the emergency or disaster results in one or more council members being unavailable after a reasonable attempt at notice to convene by the chief elected official or emergency management director, those council members available for duty shall constitute the city council, and shall have full power to act by majority vote of those present for the purpose of meeting temporary, immediate and emergency needs brought on by the emergency or disaster.

B. Council Meetings at Other Than Usual Places. In the event it becomes imprudent, inexpedient, or impossible to conduct the affairs of the city at the regular or usual place or places, the city council may meet at any temporary place or places within or outside the territorial limits of the city on the call of the council’s presiding officer. After the relocation, affairs of the city shall lawfully be conducted at the emergency temporary location or locations for the duration of the emergency or disaster.

C. Succession of Officials and Employees. During the course of an emergency, succession of positions, by department, in the event of unavailability shall be in the following order:

1. Chief Elected Official.

a. Mayor;

b. Council president;

c. Council vice-president;

d. Remaining council members in order of position number on the council.

2. Lynnwood Police Department.

a. Chief of police;

b. Deputy chief of police;

c. Commander of police;

d. Sergeant of police.

3. Public Works Department.

a. Public works director;

b. Deputy public works director;

c. Engineering manager;

d. Operations and maintenance manager.

4. Development and Business Services.

a. Development and business services director;

b. Deputy development and business services director;

c. Community planning manager.

5. Finance.

a. Finance director;

b. Senior manager for strategic planning;

c. Accounting manager.

6. Parks and Recreation.

a. Parks and recreation director;

b. Parks and recreation deputy director;

c. Recreation superintendent;

d. Parks superintendent.

7. Municipal Court.

a. Presiding judge;

b. Court administrator;

c. Operations supervisor;

d. Probation supervisor.

8. Information Technology.

a. IT director;

b. Systems manager;

c. Applications support manager.

9. Human Resources.

a. HR director;

b. HR manager. (Ord. 3404 § 3 (Att. A), 2021; Ord. 3399 § 2 (Exh. A), 2021; Ord. 3310 § 1, 2018)

7.20.100 Emergency public works contracting.

Public works contracting and purchasing competitive bidding requirements may be waived in accordance with RCW 39.04.280(e) and LMC 2.92.090. When federal funding is being used then the public works contracting shall be consistent with Chapter 39.28 RCW. (Ord. 3310 § 1, 2018)

7.20.110 Effect of chapter on other rules, regulations and orders.

At all times when the rules, regulations and orders made and promulgated pursuant to this chapter are in effect, they shall supersede all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ord. 3365 § 3, 2020; Ord. 3310 § 1, 2018)

7.20.120 Effect of chapter on existing agreements.

Nothing in this chapter shall be deemed to affect any existing interlocal agreements entered into by the city pursuant to Chapter 38.52 RCW regarding emergency planning and the giving of mutual aid; provided, that for the purposes of such agreements, the mayor shall exercise all powers as executive head of the city under such agreements in conformity with RCW 38.52.070. (Ord. 3310 § 1, 2018)

7.20.130 General public duty created.

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of this chapter. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement or implementation of this chapter by its officers, employees, or agents. The city is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 3310 § 1, 2018)

7.20.140 Private liability.

No individual, firm, association, corporation, or other party or their successors, assigns, agents or employees owning, maintaining, or controlling any building or premises, who voluntarily and without compensation grant to the city a license or privilege or otherwise permit 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, shall be subject to liability for injury 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. 3310 § 1, 2018)

7.20.150 Penalty.

A. It shall be a violation of this chapter to:

1. Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter;

2. Perform any act forbidden by, or otherwise violate, any lawful rule, regulation or order issued pursuant to this chapter; or

3. Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the city.

B. A violation of this chapter shall constitute a misdemeanor and shall be punishable as such under LMC 1.40.130; provided, that whenever any person shall commit a second offense hereunder, the same shall constitute a gross misdemeanor and shall be punishable as such. (Ord. 3365 § 4, 2020; Ord. 3310 § 1, 2018)