Chapter 2.86
EMERGENCY MANAGEMENT
Sections:
2.86.020 Emergency management policy.
2.86.040 Emergency management plan.
2.86.050 Emergency management program.
2.86.060 Disaster and emergency powers of the city council.
2.86.070 Disaster and emergency powers of the director.
2.86.080 Functions and duties of departments and employees.
2.86.010 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 in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city with the 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 to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1465-0197 § 1 (part), 1997)
2.86.020 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 seventy-two hours should an emergency or disaster occur. (Ord. 1465-0197 § 1 (part), 1997)
2.86.030 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
“City” means the city of Shelton.
“City clerk” means the director of administrative services of the city of Shelton.
“City council” means the city council of the city of Shelton.
“City manager” means the city manager of the city of Shelton.
“Deputy director(s)” shall mean the person or persons appointed by the director to represent him/her in his/her absence, and shall be the assistant fire chief or as otherwise appointed by the director, subject to the approval of the city manager.
“Director” shall mean the person responsible for the administration and operation of the emergency management program for the city, and who shall be the fire chief or as otherwise appointed by the mayor.
“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.
“Emergency or disaster” means an event or set of circumstances which: 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;
Reaches such a dimension or degree of destructiveness as to warrant the mayor proclaiming the existence of a disaster or the governor declaring a state of emergency in accordance with appropriate local and state statute.
“Mayor” means the mayor of the city of Shelton. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.040 Emergency management plan.
The emergency management plan, prepared by the director and promulgated by the mayor and city council, is the official emergency management plan of the city. The director shall file a copy of said plan in the office of the city clerk, and distribute copies of said plan to appropriate city departments. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.050 Emergency management program.
The emergency management program of the city is 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 and direct responsibility for the emergency operations of departments of the city.
B. The director shall develop and maintain the emergency management plan and program of the city, and shall have such other duties as may be assigned to him by the city manager.
C. A deputy director 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 his/her absence or disability.
D. Compensated members of the emergency management organization.
E. Volunteer members of the emergency management organization.
F. Such advisory committees as may be appointed by the director.
G. The city may form its own department of emergency management, or it may contract pursuant to RCW Chapter 39.34 for emergency management services with another political subdivision which does have an approved emergency management program in accordance with RCW 38.52.
H. Other as deemed appropriate by the city. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.060 Disaster and emergency powers of the city council.
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 of Washington, the city council is empowered:
A. To authorize the city manager 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 practicable time by the city council;
B. To request the county commission to proclaim a state of emergency when, in the opinion of the city manager, the resources of the area or region are inadequate to cope with the disaster;
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 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 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 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 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. To requisition necessary personnel or material of any city department or agency;
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.
H. Other as deemed appropriate by the city. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.070 Disaster and emergency powers of the director.
The director is hereby empowered:
A. To request the mayor/city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation, if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;
B. To direct coordination and cooperation between divisions, services and staff of the departments and services of the city in carrying out the provision of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
C. To recommend for adoption by the city council emergency management plans and mutual aid agreements.
D. To act on behalf of the city manager, 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. To represent the emergency management organization of the city in dealing with issues pertaining to emergency management;
F. To prepare and maintain the emergency management plan of the city and manage the day to-day responsibilities of the emergency management program activities of the city;
G. Other as deemed appropriate by the city. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.080 Functions and duties of departments and employees.
The city council 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 section 2.86.040 of this chapter. (Ord. 1921-0518 (part), 2018; Ord. 1465-0197 § 1 (part), 1997)
2.86.090 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 a license or privilege or otherwise permits said city to inspect, designate and use the whole or any part of 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 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. 1465-0197 § 1 (part), 1997)
2.86.100 Penalty.
Any person who is found guilty, upon conviction, of any of the following shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a period not exceeding ninety days, or both, at the discretion of the court:
A. Wilfully obstructing, hindering, or delaying any member of the emergency management organization in the enforcement of any lawful role or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter;
B. Doing 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 the city, or to prevent, hinder or delay the defense or protection thereof;
C. Wearing, carrying or displaying, without authority, any means of identification specified by the emergency management agency of the state. (Ord. 1465-0197 § 1 (part), 1997)
2.86.110 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 1465-0197 § 1 (part), 1997)