Chapter 2.32


2.32.010  Definitions.

2.32.020  Disaster coordinator--Appointment.

2.32.030  Disaster coordinator--General powers.

2.32.040  Disaster coordinator--Emergency powers.

2.32.050  Liability limitation.

2.32.060  Violation--Penalty.

2.32.010 Definitions.

The following definitions are adopted for the purpose of this chapter and its administration:

A. “Disaster” means any emergency situation proclaimed by the Governor to be a disaster, and more particularly described as an actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or other hostile action or natural calamity, which reaches such a dimension or degree of destructiveness that it requires the taking of extraordinary measures to protect the public health, safety and welfare.

B. “Disaster coordination” means the preparation for and the carrying out of all emergency functions to prevent, minimize, and repair damage resulting from a disaster; provided, however, that this term does not refer to the functions for which military forces are primarily responsible.

C. Disaster Coordinating Organization. Such organization may include all officers and employees of the town, all volunteer forces enrolled to aid the town during a disaster, and all groups, organizations and persons who may be enlisted by agreement or by operation of law, including those persons pressed into service under the provisions of this chapter. (Ord. 167-B §1, 1985)

2.32.020 Disaster coordinator--Appointment.

There is created the office of disaster coordinator. The mayor shall appoint a disaster coordinator and deputy coordinators as needed from existing town staff. (Ord. 167-B §2, 1985)

2.32.030 Disaster coordinator--General powers.

Subject to the general supervision of the town manager the disaster coordinator shall be authorized and empowered as follows:

A. To have direct responsibility for disaster coordination including, but not limited to, the organization, administration, and operation of the disaster coordinating organization, and the resolution of questions of authority and responsibility arising among the various members of such organization;

B. To draft, review, and recommend for adoption by the town council emergency preparedness and mutual aid plans and/or agreements, and such ordinances and resolutions as are necessary to implement such plans and agreements, subject to approval by the State Director of Emergency Services as provided in RCW 38.52.070;

C. To organize and direct the training of the disaster coordinating organization, including practice drills;

D. To represent the town in all dealings with public and/or private agencies regarding the provision of emergency services in the event of a disaster;

E. To designate buildings and/or premises as shelters for persons and/or property in the event of a disaster;

F. To propose rules and regulations on matters reasonably related to the protection of lives and/or property injured or damaged, or likely to be injured or damaged by a disaster, subject to approval by the council. (Ord. 167-B §3, 1985)

2.32.040 Disaster coordinator--Emergency powers.

Subject to the general supervision and control of the town manager, the disaster coordinator shall be empowered during a disaster as follows:

A. To obtain vital supplies, equipment, and such other requirements necessary for the protection of life and property and to bind the town for the fair value thereof and if necessary to immediately commandeer the same for public use. These powers may be exercised in the light of the exigencies of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) including but not limited to budget law limitations, the requirements of competitive bidding, the publication of notices, entering into public works contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the expenditure of public funds;

B. To requisition necessary personnel and/or material of any town department or agency;

C. To require the emergency services of any town officer or employee, and, after the Governor has proclaimed that a disaster exists pursuant to RCW 43.06.010, to command the aid of as many citizens of this town as necessary pursuant to RCW 38.52.110(2); provided, that such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency services volunteers as provided in RCW 38.52.310. (Ord. 167-B §4, 1985)

2.32.050 Liability limitation.

There shall be no liability on the part of any person, partnership, corporation, the state or any political subdivision thereof who owns or maintains any buildings or premises that have been designated by the town disaster coordinator as a disaster shelter for any injuries sustained by any person while in or upon such building or premises as a result of the condition of such building or premises or as a result of any act or omission, or in any way arising from the designation of such premises as a shelter, provided such person has entered, gone upon or into such building or premises for the purpose of seeking refuge therein during a disaster; provided further, however, that this section shall not apply to the wilful acts of such owner or occupant or his or her servants, agents, or employees. This section shall also apply to any practice drill authorized pursuant to this chapter. (Ord. 167-B §6, 1985)

2.32.060 Violation--Penalty.

The following acts or omissions to act shall be punished as misdemeanors and by a fine not to exceed two hundred fifty dollars:

A. No person shall wilfully obstruct, hinder or delay any member of the disaster coordination organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty required by this chapter.

B. No person shall wear, carry or display, without authority, any means of identification as specified by the State Department of Emergency Services and/or which would be likely to mislead a member of the public into believing that such person is a member of the disaster coordinating organization. (Ord. 167-B §5, 1985)