Chapter 8.08
EMERGENCY MANAGEMENT

Sections:

8.08.010  Purpose.

8.08.020  Emergency management policy.

8.08.030  "Emergency management" defined.

8.08.040  "Emergency or disaster" defined.

8.08.050  "Disaster coordinator" defined.

8.08.060  "Deputy disaster coordinator" defined.

8.08.070  Emergency operations plan.

8.08.080  Emergency management organization.

8.08.090  Disaster and emergency powers of the city manager.

8.08.100  Disaster and emergency powers of the disaster coordinator.

8.08.110  Functions and duties of departments and employees.

8.08.120  Private liability.

8.08.130  Penalty.

8.08.140  Severability.

Legislative history: Ord. 94-342.

8.08.010 Purpose.

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 Mill Creek in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city of Mill Creek with the emergency services coordinating agency 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 Mill Creek.

8.08.020 Emergency management policy.

It is the policy of the city of Mill Creek 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 Mill Creek 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 72 hours should an emergency or disaster occur.

8.08.030 "Emergency management" defined.

"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, 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.

8.08.040 "Emergency or disaster" defined.

"Emergency or disaster" as used in this chapter shall mean an event or set of circumstances which: (a) 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 (b) reaches such a dimension or degree of destructiveness as to warrant the city manager proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statutes.

8.08.050 "Disaster coordinator" defined.

"Disaster coordinator" shall mean the person, appointed by the city manager, who is responsible for the administration and operation of the emergency management program for the city of Mill Creek.

8.08.060 "Deputy disaster coordinator" defined.

"Deputy disaster coordinator" shall mean the person appointed by the disaster coordinator to represent him/her in his/her absence.

8.08.070 Emergency operations plan.

The emergency operations plan, prepared by the disaster committee, is the official emergency operations plan of the city of Mill Creek. The disaster coordinator shall file a copy of said plan in the office of the Mill Creek city clerk, and distribute copies of said plan to appropriate city departments.

8.08.080 Emergency management organization.

The emergency management organization of the city of Mill Creek is hereby created, and shall consist of:

A. 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 Mill Creek and direct responsibility for the emergency operations of departments in the city of Mill Creek.

B. The disaster coordinator, who shall be appointed by the city manager, and who shall develop and maintain the emergency operations plan and program in cooperation with the emergency services coordinating agency, emergency operations board and the disaster committee, and shall have such other duties as may be assigned to him/her by the city manager, etc.

C. A deputy disaster coordinator, who may be appointed by the disaster coordinator, subject to the approval of the city manager, etc., 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 disaster coordinator during his/her absence or disability.

D. An emergency operations board, that shall oversee and provide policy recommendations to the Mill Creek city council during emergency and recovery periods, and provide direction for the development and maintenance of the emergency operations plan. During any emergency or disaster, the board shall also oversee and provide direction to the disaster coordinating team, and shall be chaired by the city manager.

E. A disaster coordinating team appointed by the emergency operations board that shall provide staff support to the disaster coordinator and the emergency operations board in the development, implementation and maintenance of the emergency operations plan, and to staff the emergency operations center and perform any other necessary functions during an emergency or disaster. The committee shall consist of such key personnel as are designated by the department directors, personnel from the emergency services coordinating agency and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the disaster coordinator.

F. The city of Mill Creek has, in conjunction with other cities, in consideration of mutual benefits to be derived, and as authorized under Chapter 39.34 RCW, formed the emergency services coordinating agency to provide combined emergency management services in accordance with Chapter 38.52 RCW.

G. Other as deemed appropriate by the city of Mill Creek.

8.08.090 Disaster and emergency powers of the city manager.

In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of extreme emergency by the Governor of the state, the city manager, etc., is hereby empowered to:

A. 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 Mill Creek city council.

B. Request the county executive to proclaim a local emergency when, in the opinion of the city manager, the resources of the area or region are inadequate to cope with the disaster.

C. 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 of Mill Creek for the fair value thereof and, if required immediately, to commandeer the same for public use.

D. Control and direct the efforts of the emergency management organization of the city of Mill Creek for the accomplishment of the purposes of this chapter.

E. Require emergency services of any city of Mill Creek 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 of Mill Creek is located, to command the aid of as many citizens of Mill Creek 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.

F. Requisition necessary personnel or material of any city of Mill Creek department or agency.

G. Execute all of the special powers conferred upon the city manager, etc., by this chapter, by any other statute, agreement or lawful authority, as necessary.

H. Other as deemed appropriate by the Mill Creek city council.

8.08.100 Disaster and emergency powers of the disaster coordinator.

The disaster coordinator is hereby empowered to:

A. Request the mayor or city manager to proclaim the existence or threatened existence of a disaster and the termination thereof, if the Mill Creek city council is in session, or to issue such proclamation, if the Mill Creek city council is not in session, subject to confirmation by the Mill Creek city council at the earliest practicable time.

B. 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.

C. Recommend for adoption by the Mill Creek city council mutual aid agreements.

D. Act on behalf of the city manager, etc., 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. Represent the emergency management organization of the city of Mill Creek in dealing with issues pertaining to emergency management.

F. Prepare and maintain the emergency management plan of the city of Mill Creek and manage the day-to-day responsibilities of the emergency management program activities of the city of Mill Creek in coordination with the emergency services coordinating agency.

G. Other as deemed appropriate by the Mill Creek city council.

8.08.110 Functions and duties of departments and employees.

The Mill Creek 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 MCMC 8.08.070.

8.08.120 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 Mill Creek a license or privilege or otherwise permits the city of Mill Creek 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.

8.08.130 Penalty.

Any person who shall:

A. 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

B. 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 give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of Mill Creek, or to prevent, hinder or delay the defense or protection thereof; or

C. Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the state;

shall upon conviction be fined in any sum not exceeding $1,000, or by imprisonment for a period not exceeding 90 days, or both, at the discretion of the court.

8.08.140 Severability.

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.