Chapter 2.62
EMERGENCY MANAGEMENT
Sections:
2.62.020 Emergency management policy.
2.62.040 Emergency management advisory committee.
2.62.050 Emergency management advisory committee powers and duties.
2.62.060 Coordinator of emergency management – Office created – Powers and duties generally.
2.62.070 Coordinator of emergency management – Disaster powers.
2.62.080 Proclamation of civil emergency.
2.62.090 Authority of mayor to issue certain orders.
2.62.093 Authority of mayor to enter into contracts and incur obligations.
2.62.095 Use of services and equipment of municipalities and citizens.
2.62.102 Personnel department to register employees and volunteers.
2.62.103 Organization – Generally.
2.62.104 Notification of Governor, news media and public.
2.62.105 Effect on current provisions.
2.62.106 Violations – Penalty.
2.62.010 Purposes.
The declared purposes of this chapter is to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery, including mock or practice drills, for the protection of persons and property within the city in the event of a disaster, and to provide for the coordination of the emergency services functions of the city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1362 § 1, 1998).
2.62.020 Emergency management policy.
It is the policy of the city 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 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. (Ord. 1362 § 1, 1998).
2.62.030 Definitions.
“Disaster” means, but is not limited to, a human-caused or natural event or circumstance within the area of operation of the city of Milton causing or threatening loss of life, damage to the environment, injury to person or property, human suffering and financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of the city, in terms of personnel, equipment and facilities, hereby requiring disaster assistance.
“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 minimize and repair injury and damage resulting from disasters caused by fire, flood, storm, earthquake, or other natural causes, or by civil disturbance, or by enemy attack, sabotage, or other hostile action; and to provide support for search and rescue operations for persons and property in distress. These functions include without limitation: firefighting services; police services; medical and health services; rescue, public works, air raid warning services; communications; radiological, chemical and other special weapons defense; evacuation of persons from stricken areas; emergency welfare services; emergency transportation; existing or properly assigned functions of plant protection; temporary restoration of public utility services and other functions related to civilian protection; together with all other activities necessary or incidental to the preparation and for carrying out of the foregoing functions. It shall not include, nor do any provisions of this chapter apply to, any condition relating to a legally conducted labor controversy. (Ord. 1523 § 1, 2003; Ord. 1362 § 1, 1998).
2.62.040 Emergency management advisory committee.
A. Membership. The emergency management advisory committee is hereby created and shall consist of the following:
1. The mayor, who shall be chairman.
2. The coordinator of emergency management, who shall be vice chairman.
3. Chief of police, public works director, city clerk/human resources, finance director, planning and community development director, public works superintendent, building official and the city attorney.
4. The terms of the members are to last so long as they hold the municipal position, which qualifies them for membership under this chapter, and thereafter their successor shall automatically become a member.
5. The mayor pro tem, representing the city council, and an alternate member of the city council appointed by the mayor.
6. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil emergency responsibility or other citizens of the community as appointed by the mayor. (Ord. 2003 § 1, 2021; Ord. 1663 § 2, 2006; Ord. 1523 § 2, 2003; Ord. 1484 § 1, 2001; Ord. 1362 § 1, 1998).
2.62.050 Emergency management advisory committee powers and duties.
It shall be the duty of the city’s emergency management advisory committee, and it is hereby empowered, to review and recommend for adoption, emergency services and mutual aid plans and agreements and such resolutions, rules and regulations as are necessary to implement such plans and agreements. The emergency management advisory committee shall meet at least annually, or as needed upon the call of the chairman or, in his/her absence from the city or his/her inability to call such meeting, upon the call of the vice chairman. Members of the committee, and the news media who have requested notification, shall be notified of each meeting, or of the cancellation of any meeting, by written notice.
The committee shall:
A. Advise the mayor on all matters pertaining to disaster readiness and response capabilities within the city.
B. Periodically review and make recommendations for the revision and/or maintenance of up-to-date disaster response plans for the city consistent with Chapter 38.52 RCW and including:
1. Preparations for and the carrying out of executive emergency powers;
2. The delegation and sub-delegation of administrative authority by the mayor;
3. The performance of emergency functions including firefighting, police, medical and health, welfare, rescue, engineering, transportation, communications, and warning services, evacuation of persons from stricken areas, plant protection, restoration of utility services, and other functions relating to civilian protection together with all activities necessary or incidental to the preparation for and carrying out of such functions;
4. Requirements for department operation including management succession, procedures for providing 24-hour capability, mobilization procedures, special disaster response procedures, plans for records protection, personnel procedures, finance plans, and training procedures for disaster response.
C. Provide cooperation and coordination with the disaster response plans of other local organizations and agencies.
D. Prepare and recommend to the mayor plans for mutual aid operations with the state and political subdivisions thereof.
E. Recommend expenditures for disaster preparations and training. A majority of the committee shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any meeting shall be deemed the action of the committee. (Ord. 1523 § 3, 2003; Ord. 1362 § 1, 1998).
2.62.060 Coordinator of emergency management – Office created – Powers and duties generally.
A. The office of coordinator of emergency management is hereby created. Such officer shall be appointed by and report to the mayor.
B. The coordinator is empowered and directed to:
1. Prepare an emergency management operating plan for the city conforming to the county and state emergency management plan and program.
2. Control and direct the effort of the emergency management of the city for the accomplishment of the purposes of this chapter.
3. Direct coordination and cooperation between divisions, services and staff of the emergency management organization of the city, and resolve questions of authority and responsibility that may arise between them.
4. Represent the emergency management organization of the city in all dealings with public or private agencies pertaining to emergency management.
5. The city may form its own “department of emergency management,” or it may contract pursuant to Chapter 39.34 RCW for emergency management services with another political subdivision which does have an approved emergency management program in accordance with Chapter 38.52 RCW. The coordinator of emergency management shall coordinate either option. (Ord. 1362 § 1, 1998).
2.62.070 Coordinator of emergency management – Disaster powers.
In the event of disaster as provided in this chapter, the coordinator is empowered to:
A. Direct and control matters reasonably related to the protection of life and property as affected by such disaster.
B. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use.
C. Require emergency services of any city officer or employee and, in the event of a proclamation by the Governor of the existence of a disaster, command the aid of as many citizens of the city as he/she considers necessary in the execution of his/her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency services workers.
D. Execute all of the special powers conferred upon him/her by this chapter or by resolution adopted pursuant to this chapter, all powers conferred upon him/her by statute, agreement approved by the emergency management advisory committee or by any other lawful authority.
E. Requisition necessary personnel or material of any city department or agency. (Ord. 1523 § 4, 2003; Ord. 1362 § 1, 1998).
2.62.080 Proclamation of civil emergency.
A. Whenever riots, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake, or other natural catastrophe or disaster occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of property or the disruption of local government to such an extent as to require, in the judgment of the mayor, extraordinary measures to prevent the death or injury of persons, to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the mayor shall forthwith proclaim in writing the existence of a civil emergency at which time a civil emergency shall be deemed to exist.
B. Such civil emergency shall cease to exist upon the issuance of a proclamation by the mayor terminating the civil emergency. Such proclamation shall be issued by the mayor when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare.
C. Any such proclamation by the mayor shall at the earliest practicable time be presented to the city council. (Ord. 1523 § 5, 2003; Ord. 1362 § 1, 1998).
2.62.090 Authority of mayor to issue certain orders.
Upon the proclamation of a civil emergency by the mayor, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:
A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as he deems necessary, which effective hours and affected area or areas may be modified from time to time.
B. An order requiring any or all business establishments to close and remain closed until further order.
C. 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 from possible unauthorized seizure, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open.
D. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city.
E. 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 affixed to a motor vehicle.
F. An order closing to the public any or all public places including, but not limited to, public ways, schools, parks, amusement areas, and public buildings.
G. An order prohibiting the carrying or possession of a firearm or any instrument which is cable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.
H. An order requesting federal and/or state assistance in combating such civil emergency.
I. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration accounts, monitoring price control operations and reporting violations to appropriate authorities, assisting in providing essential supplies to disaster victims, advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities.
J. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons.
K. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency.
L. An order providing for the evacuation and reception of the population of the city or any part thereof.
M. Such other orders as are imminently necessary for the protection of life and property. (Ord. 1362 § 1, 1998).
2.62.093 Authority of mayor to enter into contracts and incur obligations.
Upon the proclamation by the mayor of a civil emergency resulting from a disaster caused by fire, flood, storm, earthquake, or other natural causes, or by civil disturbance, or by enemy attack, sabotage, or other hostile action, and during the existence of such disaster, the mayor, in carrying out the provisions of Chapter 38.52 RCW, shall have the power by order to enter into contracts and incur obligations necessary to combat such disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. Such powers shall be exercised in the light of the urgency of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, that the mayor shall, wherever practicable, advise and consult with the city council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the city council for review and appropriate legislation including:
A. Findings by resolution with respect to actions taken;
B. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;
C. Approval of donations, grants or loans accepted by the mayor during the emergency;
D. Levy of taxes to meet costs of disaster response and recovery operation;
E. The city clerk-treasurer, finance director or emergency interim successor shall be authorized to draw and to pay the necessary checks for expenditures made pursuant to this section. (Ord. 1523 § 6, 2003; Ord. 1362 § 1, 1998).
2.62.095 Use of services and equipment of municipalities and citizens.*
In addition to and/or in connection with the exercise of the powers specified in MMC 2.62.060 and 2.62.070, the mayor shall in accordance with Chapter 38.52 RCW and in carrying out the provisions thereof:
A. Utilize to the maximum extent practicable the services, equipment, supplies and facilities of existing departments, offices, and agencies of the city, state and other municipal corporations organized under the laws of the state; and
B. In the event of a disaster and upon the proclamation by the Governor of the existence of such disaster, command the service and equipment of as many citizens as the mayor considers necessary in the light of the disaster proclaimed; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits, and immunities as are provided by Chapter 38.52 RCW and federal and state civil defense regulations for registered emergency services workers. (Ord. 1362 § 1, 1998).
*This section was editorially renumbered from 2.62.101 to 2.62.095 to avoid section number duplication.
2.62.100 Emergency purchases of supplies.1
Repealed by Ord. 2004. (Ord. 1362 § 1, 1998).
2.62.101 The finance department to review purchases and mutual aid agreements.1
Repealed by Ord. 2004. (Ord. 1362 § 1, 1998).
2.62.102 Personnel department to register employees and volunteers.
All city departments shall be responsible to report to the municipal court staff all use of volunteers as civil disaster or emergency service workers. The municipal court staff with the cooperation of city departments shall be responsible for the registration of city employees and volunteers as civil disaster or emergency services workers pursuant to Chapter 38.52 RCW and Chapter 118-04 WAC, and shall formulate and recommend a plan and program for compensation and reimbursement of persons so registered. (Ord. 1523 § 7, 2003; Ord. 1362 § 1, 1998).
2.62.103 Organization – Generally.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who, by agreement or operation of law, including persons pressed into service under the provisions of MMC 2.62.070(C), may be charged with duties incident to the protection of life and property in the city during disaster and shall constitute the emergency management organization of the city. (Ord. 1362 § 1, 1998).
2.62.104 Notification of Governor, news media and public.
The mayor shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to the Governor of the state and, to the extent practicable, to all news media within the city, and shall utilize such other available means, including public address systems, as shall be necessary in his judgement to give notice of such proclamations to the public. (Ord. 1362 § 1, 1998).
2.62.105 Effect on current provisions.
It is the intent of the city council in enacting this chapter that the status of volunteers shall not be affected by the repeal of Chapter 2.60 MMC; nor shall emergency management mutual aid plans and agreements, rules and regulations or resolutions adopted pursuant to such repealed chapter, to the extent they are not in conflict with this chapter, be affected by such repeal until amended, modified, or superseded as provided in this chapter. (Ord. 1362 § 1, 1998).
2.62.106 Violations – Penalty.
It is a misdemeanor for a first offense and gross misdemeanor for any additional offense for any person during a disaster to:
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 them by virtue of this chapter;
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 imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management.
Misdemeanors and gross misdemeanors shall be subject to the penalties identified in RCW 9A.20.021, as now or hereafter amended. (Ord. 1523 § 8, 2003; Ord. 1362 § 1, 1998).
Code reviser’s note: The regulations formerly codified in MMC 2.62.100 and 2.62.101 can now be found in the Milton Employee Handbook, a Guide to Personnel and Purchasing Policies.