Chapter 2.50
CIVIL DEFENSE
Sections:
2.50.035 Emergency operations plan.
2.50.055 Proclamation of emergency.
2.50.065 Orders during emergency.
2.50.075 Ratification, confirmation of orders.
2.50.085 Continuity of government.
2.50.095 Authority of town department heads in the event of a disaster.
2.50.100 Immunity from private liability.
2.50.010 Purposes.
The purposes of this chapter are to protect the lives and property of the citizens of La Conner in the event of an emergency, disaster, or civil emergency through planning, training and organization and by authorizing the exercise of emergency powers as prescribed by RCW 38.52.070. Any expenditures made in connection with such disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the town of La Conner. [Ord. 1221 § 1, 2023; Ord. 279 § 1, 1956.]
2.50.020 Definitions.
(1) “Civil defense” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which law enforcement forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
(2) “Civil emergency” as used in this chapter shall occur when it appears that riot, unlawful assembly, insurrection, or the imminent threat thereof occurs within the confines of the town and results in, or threatens to result in, the death or injury of persons, or the destruction of property to such extent as to require, in the mayor’s judgment, extraordinary measures to protect the public peace, safety and welfare.
(3) “Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which:
(a) Demands immediate action to preserve public health, protect life, protect public property or to provide relief to any stricken area within the town overtaken by such occurrences; or
(b) Reaches such a dimension or degree of destructiveness or contagion as to warrant the mayor proclaiming the existence of an emergency or disaster or the Governor declaring a state of emergency. [Ord. 1221 § 1, 2023; Ord. 279 § 2, 1956.]
2.50.030 Civil defense council – Membership.
Repealed by Ord. 1221. [Ord. 279 § 3, 1956.]
2.50.035 Emergency operations plan.
The emergency operations plan, to the extent that it does not conflict with this chapter, shall govern emergency preparedness and disaster response in the town of La Conner. The emergency operations plan and any amendments thereto shall be subject to the approval of the mayor and shall immediately take effect upon approval by the mayor. [Ord. 1221 § 1, 2023.]
2.50.040 Civil defense council – Powers and duties.
Repealed by Ord. 1221. [Ord. 279 § 4, 1956.]
2.50.045 Organization.
The emergency management organization of the town of La Conner is created and shall consist of the following:
(1) The mayor, who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management organization for the town of La Conner and direct responsibility for the disaster operations of departments in the town;
(2) The emergency management commission, which oversees and provides policy recommendation to the town council during disaster and recovery periods and provides direction for the development and maintenance of the emergency operations plan. The emergency management commission provides policy direction for disaster preparedness and mitigation.
(3) The emergency management committee, which provides staff support, direction and expertise in development of the emergency operations plan and all supporting documents. [Ord. 1221 § 1, 2023.]
2.50.050 Director of civil defense – Powers and duties.
Repealed by Ord. 1221. [Ord. 279 § 5, 1956.]
2.50.055 Proclamation of emergency.
The mayor, or if absent or incapacitated, the mayor pro tem of the town council, may proclaim in writing the existence of an emergency or civil emergency. [Ord. 1221 § 1, 2023.]
2.50.060 Director of civil defense – In event of disaster.
Repealed by Ord. 1221. [Ord. 279 § 6, 1956.]
2.50.065 Orders during emergency.
Upon the proclamation of an emergency or civil emergency, the mayor during the existence of such emergency or civil emergency, may make and proclaim any or all of the following orders:
(1) An order imposing a general curfew applicable to the town as a whole, or to such geographical area or areas of the town as deemed necessary, and during such hours as deemed necessary, and from time to time modify the area or areas to which such a curfew shall apply, and the hours that such curfew will be in effect;
(2) An order requiring any or all business establishments to close and remain closed until further order;
(3) An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the mayor’s discretion, be allowed to remain open;
(4) An order requiring the discontinuance of sale, distribution, or giving away of alcoholic beverages in any or all parts of the town;
(5) An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid, flammable or combustible products in any container (other than a gasoline tank properly fixed to a motor vehicle);
(6) An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;
(7) An order requesting federal and/or state assistance in combating such civil emergency;
(8) An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls, and the allocation of food and other essential commodities;
(9) An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured or sick persons;
(10) An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such emergency or civil emergency;
(11) An order providing for the evacuation and reception of the population of the town or any part thereof; and
(12) Such other orders as are imminently necessary for the protection of life and property. [Ord. 1221 § 1, 2023.]
2.50.070 Civil defense organization.
Repealed by Ord. 1221. [Ord. 279 § 7, 1956.]
2.50.075 Ratification, confirmation of orders.
Any orders proclaimed pursuant to LCMC 2.50.065 shall, at the earliest practicable time, be presented to the town council for ratification or modification. Ratification or modification shall be by majority of the council then present; provided, that any council action shall require a quorum. If, after the vote, the orders are not ratified or modified by the majority, the orders shall be void. The orders shall be considered in full force and effect until the town council takes action to the contrary. [Ord. 1221 § 1, 2023.]
2.50.080 Divisions, services and staff of the civil defense organization.
Repealed by Ord. 1221. [Ord. 279 § 8, 1956.]
2.50.085 Continuity of government.
In the event the mayor is absent from the town or otherwise unable to carry out his/her duties, the following elected officials shall, in the order listed, act on behalf of the mayor in carrying out the purposes of this chapter or the provisions of the emergency management plan:
(1) The mayor pro tem;
(2) The remaining town councilmembers in order of continuous seniority; provided, that where two councilmembers have the same continuous seniority on the council, the holder of the lowest numbered position on the council shall be deemed the more senior of the two. [Ord. 1221 § 1, 2023.]
2.50.090 Violation – Penalty.
It is unlawful for anyone to fail or to refuse to obey any order proclaimed pursuant to this legislation. Any person convicted of a violation of this section shall be guilty of a misdemeanor. [Ord. 1221 § 1, 2023; Ord. 279 § 9, 1956.]
2.50.095 Authority of town department heads in the event of a disaster.
Subject to the supervision and control of the mayor, the town administrator, the fire chief, and the public works director shall be empowered during a disaster as follows:
(1) 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.
(2) To requisition necessary personnel and/or material of any governmental agency or town department.
(3) At the direction of the mayor, 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. 1221 § 1, 2023.]
2.50.100 Immunity from private liability.
There shall be no liability on the part of any person, partnership, corporation, the state of Washington or any political subdivision thereof who owns or maintains any buildings or premises that have been designated by the mayor as a disaster shelter for any injuries sustained by any person while in or upon said building or premises as a result of the condition of said 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 said building or premises for the purpose of seeking refuge therein during a disaster; provided further, however, that this section shall not apply to the willful acts of such owner or occupant or his or her servants, agents, or employees. [Ord. 1221 § 1, 2023.]
2.50.110 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 1221 § 1, 2023.]