Chapter 8.30
EMERGENCY OPERATIONS PLAN
Sections:
8.30.020 Emergency management policy.
8.30.040 Emergency operations plan.
8.30.050 Emergency management organization.
8.30.060 Disaster emergency powers of the manager.
8.30.070 Disaster and emergency powers of the emergency coordinator.
8.30.080 Functions and duties of departments and employees.
8.30.010 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 Kenmore in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of Kenmore with the emergency services coordinating agency 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 Kenmore. [Ord. 01-0106 § 1.]
8.30.020 Emergency management policy.
It is the policy of Kenmore 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 Kenmore 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. 01-0106 § 2.]
8.30.030 Definitions.
A. “Deputy emergency coordinator” shall mean the person appointed by the emergency coordinator to represent him/her in his or her absence.
B. “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 who are within the City overtaken by such occurrences; or
2. Reaches such a dimension or degree of destructiveness as to warrant the city manager proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and State statute.
C. “Emergency coordinator” shall mean the person appointed by the manager responsible for the administration and operation of the emergency management program for the City of Kenmore.
D. “Emergency management” shall mean 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 manmade, and to provide support for search and rescue operations for persons or property in distress. [Ord. 01-0106 §§ 3 – 6.]
8.30.040 Emergency operations plan.
The emergency operations plan, prepared by the emergency coordinator and promulgated by the manager is official emergency operations plan of the City of Kenmore. The emergency coordinator 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. 01-0106 § 7.]
8.30.050 Emergency management organization.
The emergency management organization of the City of Kenmore is hereby 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 of Kenmore and direct responsibility for the emergency operations of departments in Kenmore.
B. The emergency coordinator, who shall be appointed by the city manager and who shall develop and maintain the emergency operations plan and program in cooperation with the emergency services coordinating agency and the emergency management committee and shall have such other duties as may be assigned to him or her by the city manager.
C. An emergency management committee appointed by the city manager that shall provide staff support to the emergency coordinator in the development, implementation and maintenance of the emergency operations plan, and to staff the emergency operations center and perform any other necessary functions during an emergency or disaster. The committee shall consist of such key personnel as are designated by the department directors, personnel from the emergency services coordinating agency and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the director of the emergency services coordination agency.
D. The City of Kenmore has, in conjunction with other cities, in consideration of mutual benefits to be derived, and as authorized under Chapter 39.34 RCW, formed the emergency services coordinating agency to provide combined emergency management services in accordance with Chapter 38.52 RCW.
E. Other as deemed appropriate by the City of Kenmore. [Ord. 01-0106 § 8.]
8.30.060 Disaster emergency powers of the manager.
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, the city manager is hereby empowered:
A. 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 Kenmore council;
B. To proclaim a local emergency when, in the opinion of the city manager, the resources of the City area or region are inadequate to cope with the disaster;
C. To request the city manager to proclaim a local emergency when, in the opinion of the city manager, the resources of the area or region are inadequate to cope with the disaster;
D. 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 Kenmore for the fair value thereof and, if required immediately, to commandeer the same for public use;
E. To control and direct the efforts of the emergency management organization of the City of Kenmore for the accomplishment of the purposes of this chapter;
F. To require emergency services of any Kenmore officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which Kenmore is located, to command the aid of as many citizens of Kenmore 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;
G. To requisition necessary personnel or material of any City department or agency;
H. To execute all of the special powers conferred upon the city manager by this chapter, by any other statute, agreement or lawful authority, as necessary;
I. Other as deemed appropriate by the City of Kenmore. [Ord. 01-0106 § 9.]
8.30.070 Disaster and emergency powers of the emergency coordinator.
The emergency coordinator is hereby empowered:
A. To request the manager to proclaim the existence or threatened existence of the 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 Kenmore in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
C. To represent the adoption by the city council emergency management policies and mutual aid agreements;
D. To act on behalf of the city manager if he or she is unable to carry out his or 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 of Kenmore in dealing with issues pertaining to emergency management;
F. To prepare and maintain the emergency management plan of the City of Kenmore and manage the day-to-day responsibilities of the emergency management program activities of the City in coordination of the emergency services coordination agency;
G. Other as deemed appropriate by the City of Kenmore. [Ord. 01-0106 § 10.]
8.30.080 Functions and duties of departments and employees.
The city council hereby assigns to the various departments and so the officers and employees thereof the functions, duties, and powers set forth in the emergency management plan referenced in KMC 8.30.070. [Ord. 01-0106 § 11.]
8.30.090 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 of Kenmore 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 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 in 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. 01-0106 § 12.]
8.30.100 Penalty.
Any person who shall:
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 such member 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 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. Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the State, shall upon conviction be fined in any sum not exceeding $1,000, or by imprisonment in the county jail for a period not exceeding 90 days, or both, at the discretion of the court. [Ord. 01-0106 § 13.]