Chapter 9.40
EMERGENCY MANAGEMENT PROGRAM

Sections:

9.40.010    Purpose.

9.40.020    Emergency management policy.

9.40.030    Definitions.

9.40.040    Emergency management plan.

9.40.050    Emergency management program.

9.40.060    Disaster and emergency powers of the mayor.

9.40.070    Disaster and emergency powers of the director.

9.40.080    Functions and duties of the departments and employees.

9.40.090    Emergency operations center (EOC).

9.40.100    Succession (continuity of government).

9.40.110    Private liability.

9.40.120    Penalty.

9.40.010 Purpose.

This chapter provides for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the city of Port Townsend in the event of an emergency or disaster (manmade, acts of nature, or acts of terrorism or war), and to provide for the coordination of emergency functions and services of the city of Port Townsend with Jefferson 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 within the city of Port Townsend. (Ord. 2452 § 1, 1995).

9.40.020 Emergency management policy.

It is the policy of the city of Port Townsend 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 Port Townsend 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. 2452 § 1, 1995).

9.40.030 Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the meanings given in this section.

A. “Continuity of government” (COG) is defined as the prevention, 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.

B. “The county” shall mean Jefferson County.

C. “Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which 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.

D. “Emergency or disaster” as used in this chapter 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 neighborhood overtaken by such occurrences; or

2. Reaches such a dimension or degree of destructiveness as to warrant the mayor of the city of Port Townsend proclaiming the existence of a disaster or the Governor of the state of Washington declaring a state of emergency in accordance with appropriate local 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.

E. “Deputy director” shall mean the person appointed by the director to represent her/him in her/his absence.

F. “Director” shall mean the person responsible for the administration and operation of the emergency management program for the city of Port Townsend. RCW 38.52.070(1) provides that: “Each local organization for emergency services shall have a director, who shall be appointed by the executive head of the political subdivision.” The director shall be the Port Townsend chief of police.

G. “Emergency services department” shall mean the Port Townsend police department.

H. Other Definitions. All definitions of terms contained within RCW 38.52.010 as adopted or hereafter amended are adopted by this reference. (Ord. 2452 § 1, 1995).

9.40.040 Emergency management plan.

A. The emergency management plan, prepared by the director and promulgated by the mayor is the official emergency management plan of the city of Port Townsend. The director shall file a copy of said plan in the office of the city clerk of the city of Port Townsend and distribute copies of said plan to appropriate city departments. The city council authorizes and directs the director to prepare an emergency management plan.

B. A copy of this chapter shall be sent to the Assistant Director of the Emergency Management Division of the Washington State Community, Trade and Economic Development Department. (Ord. 2452 § 1, 1995).

9.40.050 Emergency management program.

A. The emergency management program of the city of Port Townsend is hereby created and shall consist of:

1. The mayor, who shall appoint a director to be the administrative head and have direct responsibility for organization, administration, and operation of the emergency management program for the city of Port Townsend and direct responsibility for the emergency operations of departments of the city of Port Townsend;

2. The director, who shall be appointed by and directly responsible to the mayor, and who shall develop and maintain the emergency management plan and program for the city of Port Townsend and shall have such other duties as may be assigned to her/him by the mayor;

3. A deputy director, who may be appointed by the director, subject to approval of the mayor, who 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 her/his absence or disability;

4. Compensated members of the emergency management organization;

5. Volunteer members of the emergency management organization;

6. Such advisory committees as may be appointed by the mayor; and

7. Others as deemed appropriate by the city of Port Townsend. (Ord. 2452 § 1, 1995).

9.40.060 Disaster and emergency powers of the mayor.

A. In the event of a proclamation of disaster as herein provided, or upon a proclamation of state of emergency by the governor, the mayor is hereby empowered:

1. To make and issue rules and regulations on all matters reasonably related to the protection of life and property as affected by such disaster; provided however, that such rules and regulations must be confirmed at the earliest practicable time by the city council;

2. To request the county executive or other chief executive or legislative officer of the county to request a proclamation of a state of emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster;

3. 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 of Port Townsend for the fair value thereof, and, if required immediately, to commandeer the same for public use;

4. To waive and dispense with public bidding requirements of RCW 35.23.352 on an emergency basis as necessary;

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

6. 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 this city is located, to command the aid of as many citizens of this city as may 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;

7. To requisition necessary personnel or material of any city department or agency;

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

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

10. To establish continuity of government and ensure proper succession of authority. (Ord. 2452 § 1, 1995).

9.40.070 Disaster and emergency powers of the director.

A. The director is hereby empowered:

1. To request the mayor and city council to proclaim the existence or threatened existence of a disaster and the determination thereof, if the city council is in session, or for the mayor to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;

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;

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

4. To act on behalf of the mayor 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;

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

6. To prepare and maintain the emergency management plan of the city and manage the day-to-day responsibilities of the emergency management program and emergency management plan activities of the city.

B. The director of emergency services department shall be directly responsible for the organization, administration, and operation of the emergency services department.

C. The director of emergency services department shall promulgate such rules and regulations as are necessary to prepare the city for dealing with an emergency or disaster as described in this chapter. All rules and regulations so promulgated shall be subject to the approval of the mayor and city council prior to becoming effective.

D. In the event the mayor is incapacitated or is not immediately available, the director of emergency services department shall carry out all duties and powers allowed in a succession of authority to assure continuity of government for up to 48 hours without the mayor’s approval, as established in the emergency management plan.

E. The director of emergency services department shall carry out all powers, duties, and functions as provided in Chapter 38.52 RCW. (Ord. 2452 § 1, 1995).

9.40.080 Functions and duties of the departments and employees.

The 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. (Ord. 2452 § 1, 1995).

9.40.090 Emergency operations center (EOC).

Emergency services shall establish and staff an emergency operations center equipped with a communications system to support government operations and emergencies and provide other essential facilities and equipment for agencies and activities assigned an emergency function. The second floor of the city library shall be so designated as the emergency operations center (EOC). (Ord. 2452 § 1, 1995).

9.40.100 Succession (continuity of government).

A. City council:

1. Mayor;

2. Deputy mayor;

3. Council member with the longest continuous service as a Port Townsend council member.

B. Port Townsend city manager:

1. City manager;

2. Director of finance and administration;

3. Department head with the longest continuous service as the head of a Port Townsend city department.

4. The city attorney shall not be in the line of administrative succession unless no other department head is available.

C. Port Townsend police department:

1. Chief of police;

2. Deputy chief of police;

3. Patrol sergeant;

4. Designated senior patrol officer;

5. Patrol officer with the longest continuous service as a Port Townsend police officer.

D. Port Townsend public works department:

1. Director of public works;

2. City engineer;

3. Public works operations manager – Streets/sewer collection/stormwater.

E. Finance and administration:

1. Director of finance and administration;

2. Finance manager;

3. Human resources manager.

F. City clerk:

1. City clerk;

2. Deputy city clerk;

3. City clerk/legal assistant.

G. Port Townsend city attorney:

1. City attorney;

2. Assistant city attorney.

H. Emergency management program:

1. Director-chief of police;

2. Deputy chief of police;

3. Patrol sergeant.

I. Development services department:

1. Planning director;

2. Planning manager;

3. Building official.

J. Library:

1. Library director;

2. Managing librarian – Technical and public services;

3. Managing library – Youth services librarian. (Ord. 3167 § 1 (Exh. A), 2017; Ord. 2892 § 1, 2005; Ord. 2452 § 1, 1995).

9.40.110 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 of Port Townsend 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 wilful 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. 2452 § 1, 1995).

9.40.120 Penalty.

A. Any person who shall:

1. Wilfully 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

2. 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 an enemy of the United States, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof; or

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

shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding $1,000, or by imprisonment for a period not exceeding 90 days, or both, at the direction of the court. (Ord. 2452 § 1, 1995).