Chapter 2.60
EMERGENCY MANAGEMENT
Sections:
2.60.020 Emergency management policy.
2.60.040 Emergency operations plan.
2.60.050 Emergency management program.
2.60.060 Disaster and emergency powers of the mayor.
2.60.070 Disaster and emergency powers of the director.
2.60.010 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 Othello in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city of Othello with the county and other affected public agencies and 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 of the city of Othello. (Ord. 1466 § 2 (part), 2016).
2.60.020 Emergency management policy.
It is the policy of the city of Othello 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 Othello 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 days should an emergency or disaster occur. (Ord. 1466 § 2 (part), 2016).
2.60.030 Definitions.
(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 mayor proclaiming the existence of an emergency or the Governor declaring a state of emergency in accordance with appropriate local and state statute.
(c) “Director” or “director of emergency management” means the person designated by the mayor who is responsible for the administration and operation of the emergency management program for the city of Othello.
(d) “State Director” means the State Director for Emergency Management as defined in RCW 38.52.010(3). (Ord. 1466 § 2 (part), 2016).
2.60.040 Emergency operations plan.
The city administrator and the director are authorized to develop and implement an emergency operations plan for the city of Othello in accordance with RCW 38.52.070. The plan must be submitted for approval to the State Director as defined in Chapter 38.52 RCW et seq. either by (a) the city if it develops its own plan, or (b) the agency with whom the city contracts for emergency management services. The emergency operations plan so developed shall be the official emergency operations plan of the city of Othello. Upon approval, the director shall file a copy of the approved plan in the office of the city clerk, and distribute copies of said plan to appropriate city departments. The city administrator 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 operations plan. (Ord. 1466 § 2 (part), 2016).
2.60.050 Emergency management program.
(a) The emergency management program of the city of Othello is hereby created, and shall be implemented by:
(1) The mayor, who shall appoint the city administrator and designate the director of emergency management;
(2) The city administrator, 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 Othello and direct responsibility for the emergency operations of departments of the city of Othello;
(3) The director who shall be designated by the mayor, and who shall develop and maintain the emergency management plan and program for the city of Othello;
(4) Compensated members of the emergency management organization as identified by either (A) the city administrator with input from the director, or (B) if the city has contracted with a third party for its emergency management program, then by the third party in accordance with the terms of the agreement; and
(5) Volunteer members of the emergency management organization as identified by either (A) the city administrator with input from the director, or (B) if the city has contracted with a third party for emergency management program, then by the third party in accordance with the terms of the agreement.
(b) The city of Othello may form its own department of emergency management and develop its own emergency management program and/or operations plan, or it may contract pursuant to Chapter 39.34 RCW for such emergency management services in accordance with Chapter 38.52 RCW.
(c) If at any time the city’s emergency operations plan/emergency management program is not under contract with a third party, then the city shall timely develop such a plan/program in accordance with Chapter 38.52 RCW et seq. In that event, the city administrator shall submit the plan for approval to the State Director as defined in Chapter 38.52 RCW et seq. (Ord. 1466 § 2 (part), 2016).
2.60.060 Disaster and emergency powers of the mayor.
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 mayor is hereby empowered by Chapter 2.62, titled “Emergency Powers of Mayor, City Council and City Administrator,” and this chapter:
(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 needed for the protection of the life and property of the people and to bind the city of Othello for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(d) To control and direct the efforts of the emergency management organization of the city of Othello for the accomplishment of the purposes of this chapter;
(e) 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, to command the aid of as many citizens of the city of Othello as may be deemed necessary in the execution of the mayor’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) To requisition necessary personnel or material of any city of Othello department or agency; and
(g) To execute all of the special powers conferred upon the mayor by this chapter, by any other statute, agreement or lawful authority, as necessary. (Ord. 1466 § 2 (part), 2016).
2.60.070 Disaster and emergency powers of the director.
The director is hereby empowered:
(a) To request the mayor to proclaim the existence or threatened existence of an emergency and the termination thereof;
(b) To direct coordination and cooperation between divisions, services and staff of the departments and services of the city of Othello in carrying out the provisions of the emergency operations plan, and to resolve questions of authority and responsibility that may arise between them;
(c) To recommend for adoption by the mayor or city council, as appropriate, emergency management plans and mutual aid agreements;
(d) To represent the emergency management organization of the city of Othello in dealing with issues pertaining to emergency management; and,
(e) To prepare and maintain the emergency operations plan of the city of Othello and manage the day-to-day responsibilities of the emergency management program activities of the city of Othello. (Ord. 1466 § 2 (part), 2016).
2.60.080 Private liability.
In addition to the provisions of RCW 38.52.180, 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 Othello 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. 1466 § 2 (part), 2016).
2.60.090 Penalty.
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 be guilty of a C-1 civil infraction. (Ord. 1466 § 2 (part), 2016).
2.60.100 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect 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. 1466 § 2 (part), 2016).