Chapter 2.40
EMERGENCY MANAGEMENT
Sections:
2.40.010 Purposes of provisions.
2.40.040 Committee – Created – Membership.
2.40.050 Committee – Powers and duties – Meetings.
2.40.060 Proclamation of disaster or emergency.
2.40.070 Authority of mayor to issue certain orders.
2.40.080 Authority of mayor to delegate certain responsibilities.
2.40.090 Authority of mayor to order evacuations.
2.40.100 Authority of mayor to enter into contracts and incur obligations.
2.40.110 Emergency purchases of supplies.
2.40.120 Use of services and equipment of municipalities and citizens.
2.40.130 Finance director to review purchases and mutual aid agreements.
2.40.140 Notification of Governor, news media, and public.
2.40.150 Director – Office created – Appointment – Powers and duties.
2.40.160 Organization membership described.
2.40.170 Form of organization and distribution of functions and duties.
2.40.190 Emergency management plan.
2.40.200 Violations designated deemed misdemeanors – Penalty.
2.40.010 Purposes of provisions.
The purpose of this chapter is to provide for the preparation and carrying out of plans, including practice drills, for management of persons and property within this city in the event of a disaster or emergency, and to provide for coordination of emergency management and disaster functions of this city with other public agencies and affected private persons, corporations, and organizations, and generally to protect the public peace, health, and safety. Any expenditure made in connection with such emergency management and disaster activities, including mutual aid activities and practice drills, shall be deemed exclusively to be for the direct protection and benefit of the inhabitants and property of the city. It is not the intent or purpose of this chapter to create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this chapter. (Ord. 3051 § 2, 2001).
2.40.020 Definitions.
A. “Emergency” or “disaster,” as used in this chapter, means 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 of this city overtaken by such occurrences; and/or
2. Reaches such a dimension or degree of destructiveness as to warrant the Governor declaring a state of emergency pursuant to RCW 43.06.010.
B. “Emergency management,” as used in this chapter, means 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, technological or human caused, and to provide support for search and rescue operations for persons and property in distress. However, “emergency management” does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. (Ord. 3051 § 2, 2001).
2.40.030 Interpretation.
This chapter shall be construed so as to be consistent with Chapter 19.27 RCW, the State Building Code. In the event of a conflict between this code and Chapter 19.27 RCW, or in the event of a conflict between this chapter and any of the codes adopted pursuant to RCW 19.27.031, then the provision of this chapter that is in conflict shall yield to Chapter 19.27 RCW or the code adopted pursuant thereto. (Ord. 3051 § 2, 2001).
2.40.040 Committee – Created – Membership.
Pursuant to RCW 38.52.070, there is hereby established the city of Mount Vernon emergency management committee, consisting of the following members:
A. The mayor, who shall be chairperson;
B. One or more city council members, one of which shall be vice-chairperson;
C. The Skagit County director of emergency management;
D. Fire chief;
E. Police chief;
F. Public works director; and
G. The mayor with the advice and consent of the city council may appoint such city officials and other citizens of this city as may be advantageous. (Ord. 3051 § 2, 2001).
2.40.050 Committee – Powers and duties – Meetings.
A. It shall be the duty of the Mount Vernon emergency management committee, and it is empowered to review and recommend for adoption any mutual aid plans, regional mobilization plans, and other agreements related to emergency management and such resolutions, rules, and regulations as are necessary to implement such plans and agreements. The emergency management committee shall meet semi-annually upon call of the chairperson or, in the chairperson’s absence from the city or inability to call such meeting, upon the call of the vice-chairperson.
B. The emergency management committee shall develop an emergency management plan and program consistent with the State Comprehensive Emergency Management Plan, and submit the plan to the state, all as required by RCW 38.52.070; provided, that the city may utilize the emergency management plan prepared by Skagit County.
C. The emergency management committee shall perform emergency management functions within the territorial limits of the city of Mount Vernon and within the territorial limits of any other governmental agency with which the city has entered into an agreement providing for the performance of such functions, and, in addition, the emergency management committee shall conduct such functions outside of the territorial limits of the city as may be required pursuant to Chapter 38.52 RCW. (Ord. 3051 § 2, 2001).
2.40.060 Proclamation of disaster or emergency.
A. Whenever a disaster or emergency, or imminent threat thereof occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of property or the disruption of local government to such extent as to require, in the judgment of the mayor, extraordinary measures to prevent the death or injury of persons and to protect the public peace, safety, and welfare, and alleviate damage, loss, hardship or suffering, the mayor, or in the event of the mayor’s inability to act the mayor pro tem, or in the event of the mayor pro tem’s inability to act any other member of the city council acting for and instead of the mayor, shall forthwith proclaim in writing the existence of a disaster or emergency.
B. Such disaster or emergency shall cease to exist upon the issuance of a proclamation by the mayor terminating the same. The mayor shall issue such proclamation when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare.
C. Any such proclamation by the mayor shall, at the earliest practicable time, be presented to the city council for ratification and confirmation, modification, or rejection, and if rejected, shall be void.
D. The proclamation shall be filed in the office of the city finance director, and posted at such public places as designated by the mayor. (Ord. 3051 § 2, 2001).
2.40.070 Authority of mayor to issue certain orders.
Upon the proclamation of a disaster or emergency by the mayor, and during the existence of such disaster or emergency, the mayor may make and proclaim any or all of the following orders:
A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as he deems necessary, which effective hours and affected area or areas may be modified from time to time;
B. An order requiring any or all business establishments to close and remain closed until further order;
C. 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 where 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 discretion of the mayor, be allowed to remain open;
D. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city;
E. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and where such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;
F. An order requiring the discontinuance of the sale, distribution, or giving away of firearms and/or ammunition for firearms in any or all parts of the city;
G. 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 affixed to a motor vehicle;
H. An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, amusement areas and other public buildings;
I. An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;
J. An order requesting federal and/or state assistance in combating such disaster or emergency;
K. An order establishing economic controls in aid of, supplementary to, and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; advising appropriate authorities concerning rationing, price control, wage and rent controls; and allocation of food and other essential commodities;
L. 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 persons;
M. 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 disaster or emergency;
N. An order providing for the evacuation and reception of the population of the city or any part thereof; and
O. Such other orders as are imminently necessary for the protection of life and property.
Provided however, that any such orders shall at the earliest practicable time be presented to the city council for ratification and confirmation, modification or rejection, and if rejected shall be void. (Ord. 3051 § 2, 2001).
2.40.080 Authority of mayor to delegate certain responsibilities.
A. The mayor shall have general supervision and control of the emergency management functions of the city, and shall be responsible for the carrying out of the provisions of this chapter. In performing his duties under this chapter, the mayor is authorized to cooperate with the state and federal government, with other agencies, and with private organizations in all matters pertaining to the emergency management functions of the city.
B. The mayor may, in preparation for or during an emergency or disaster, delegate certain responsibilities otherwise reserved for the mayor by this chapter, or other applicable ordinance. Such responsibilities include:
1. Enter into contracts and incur obligations necessary to combat such disaster;
2. Employ temporary workers;
3. Emergency purchase of supplies and materials;
4. Utilize services, equipment, supplies and facilities of existing city departments;
5. Make and issue rules and regulations on matters related to the protection of life and property as affected by such event;
6. When necessary, commandeer for public use such vital supplies, equipment, and properties needed for the protection of the life and property of the citizens; and
7. Other actions and decisions, as determined by the mayor, that are necessary to effectively respond to operational needs in preparation for or during an emergency or disaster. (Ord. 3051 § 2, 2001).
2.40.090 Authority of mayor to order evacuations.
A. In the event that an emergency or disaster is proclaimed by the mayor, then in order that the public health and safety may be preserved, the mayor or the mayor’s designee is authorized to order the evacuation of buildings and structures when the mayor has inspected or caused to be inspected such building or structure, and reasonably believes such building or structure to be unsafe to occupy.
B. Upon making a determination that a building or structure is unsafe to occupy, reasonable efforts shall be made to post the building or structure with a notice substantially similar to the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to remove or deface such a notice.
C. After making such determination that a building or structure is unsafe, the authorizing official shall endeavor to allow the owner or custodian of the unsafe building or structure a reasonable opportunity to remove personal property from the building or structure. The opportunity allowed for removing personal property shall be for so long as the designating official determines it to be reasonable. In making such determination, the designating official may consider the following factors:
1. The time that an owner, proceeding diligently, would need to relocate his or her possessions;
2. The perceived risk to persons during such relocation;
3. Weather conditions, if applicable.
D. Nothing in this section shall be construed to limit the authority of the proper officers of the city to order the evacuation of a building or structure pursuant to other statutory authority, or pursuant to common law. (Ord. 3051 § 2, 2001).
2.40.100 Authority of mayor to enter into contracts and incur obligations.
A. Upon the proclamation by the mayor of an emergency or disaster and during the existence of such emergency or disaster, the mayor, in carrying out the provisions of Chapter 38.52 RCW, shall have the power by order to enter into contracts and incur obligations necessary to combat such emergency or disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such emergency or disaster. Such powers shall be exercised in light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance or statute (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, the mayor shall, wherever practicable, advise and consult with the city council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the city council for review and appropriate legislation including:
1. Findings by resolution with respect to actions taken;
2. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;
3. Approval of gifts, grants, or loans accepted or made by the mayor during the emergency;
4. A finding of the existence of such emergency, and a direction to the city finance director, upon making such finding and ratification of any public works contract, that a description and estimate of the work be made and published, all as required pursuant to RCW 39.04.020.
B. The city finance director shall be authorized to draw and to pay the necessary warrants for expenditures made pursuant to order and authorized by the city council.
C. Notwithstanding the foregoing, and insofar as may be practical or possible, the proper city officers shall attempt to secure from contractors appropriate forms as may be required pursuant to Chapters 39.12 and 50.24 RCW, and such forms as may be necessary to signify that all appropriate sales and use taxes have been paid to the State Department of Revenue.
D. Upon the proclamation of a disaster or emergency, and during the existence thereof, the proper officers of the city, and as authorized by the mayor, may make available services, equipment, supplies, materials, or funds through grants, loans, or gifts to those who are in need of assistance for the sole purpose of protecting life and property. (Ord. 3051 § 2, 2001).
2.40.110 Emergency purchases of supplies.
Upon the proclamation of a disaster or emergency by the mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedures:
A. Standardized emergency purchasing forms shall be provided by the finance director for use for all emergency purchases or contracting for supplies, materials, or labor during the existence of such emergency, which forms shall provide for the filling in of appropriate information prescribed by the finance director including date and time of purchase; name and address of supplier; quantity, unit, description, unit price and total price of item; date required and date delivered; description of use of item, including description of job and location of job; and name and identification number of city employee receiving purchased items.
B. A log of all purchases made during any emergency shall be maintained by each department and by the finance director.
C. The heads of departments using emergency purchase forms shall account for all costs incurred in making such purchases.
D. Upon termination of the emergency, the heads of departments shall review all emergency purchase orders issued by their respective departments, and shall verify and authenticate such orders, and submit a summary thereof through the finance director to the city council for authorization of payment. (Ord. 3051 § 2, 2001).
2.40.120 Use of services and equipment of municipalities and citizens.
In addition to and/or in connection with the exercise of the powers specified in MVMC 2.40.060 through 2.40.120, the mayor shall in accordance with Chapter 38.52 RCW and in carrying out the provisions thereof:
A. Utilize to the maximum extent practicable the services, equipment, supplies and facilities of existing departments and offices of the city, state, and other municipal corporations organized under the laws of the state; and
B. In the event of a disaster and upon the proclamation by the Governor of the existence of such disaster, command the service and equipment of as many citizens as the mayor considers necessary in light of the disaster proclaimed; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by Chapter 38.52 RCW and federal and state regulations for registered emergency services workers. (Ord. 3051 § 2, 2001).
2.40.130 Finance director to review purchases and mutual aid agreements.
The finance director, in cooperation with city departments making purchases or expenditures during the existence of an emergency, shall review all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds. The finance director shall also review all mutual aid agreements and services received thereunder by the city during any such disaster or emergency and shall certify to the mayor the services received and any payment due therefor. (Ord. 3051 § 2, 2001).
2.40.140 Notification of Governor, news media, and public.
The mayor shall cause any proclamation issued by the mayor pursuant to the authority of this chapter to be delivered to the Governor of the state and, to the extent practicable, to all news media within the city, and shall utilize such other available means, including public address systems, as shall be necessary in his judgment, to give notice of such proclamations to the public. (Ord. 3051 § 2, 2001).
2.40.150 Director – Office created – Appointment – Powers and duties.
A. The mayor shall have the authority, consistent with the budget of the city, and acting upon the advice of the emergency management council, to appoint a director of emergency management, subject to the approval by majority vote of the city council. Pursuant to RCW 38.52.070, the director may be an existing employee, and shall have direct responsibility for the organization, administration, and operation of the emergency management committee, subject to the direction and control of the mayor.
B. The director shall have the following responsibilities:
1. Assisting city staff in the preparation of an emergency management operating plan for the city conforming to the county and state emergency management plans and programs as described in MVMC 2.40.190;
2. In preparation for or during an emergency or disaster, to coordinate the efforts of the emergency management organization of the city with county, state, and federal resources;
3. In preparation for or during an emergency or disaster, to facilitate the acquisition of vital supplies, equipment, and facilities found needed for the protection of life and property;
4. To represent the emergency management organization of this city in certain dealings with public or private agencies pertaining to emergency management and disaster, as determined by the mayor. (Ord. 3051 § 2, 2001).
2.40.160 Organization membership described.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency or disaster, and all groups, organizations, and persons who may by agreement or operation of law, including persons pressed into service under the provisions of MVMC 2.40.120, charged with duties incident to the protection of life and property in this city during an emergency or disaster, shall constitute the emergency management organization of the city. (Ord. 3051 § 2, 2001).
2.40.170 Form of organization and distribution of functions and duties.
A. The functions and duties of the Mount Vernon emergency management organization shall be distributed among such divisions, services, and special staff as the emergency management committee shall prescribe.
B. Emergency management committee shall, concurrently with the adoption of this chapter, prescribe the form or organization, establishment and designation of divisions and services, the assignment of functions, duties, and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the federal government and the Department of Emergency Management of the State of Washington. (Ord. 3051 § 2, 2001).
2.40.180 Recovery of costs.
Pursuant to RCW 38.52.430, a person whose intoxication causes an incident resulting in an emergency response shall be liable for the expenses incurred by the city in providing the emergency response, all as set forth in that statute. (Ord. 3051 § 2, 2001).
2.40.190 Emergency management plan.
Plans and programs for executing emergency powers including a comprehensive emergency management operating plan shall be prepared and kept current under the direction of the mayor who shall submit such plans and programs and proposed amendments thereto to the city council for review and approval. Upon such approval the mayor shall be authorized to exercise in accordance with such plans and programs the powers provided therein. Such plan shall be developed to work in harmony with the provisions of the Skagit County emergency management plan and other mandates of the state and federal governments. (Ord. 3051 § 2, 2001).
2.40.200 Violations designated deemed misdemeanors – Penalty.
A. It is unlawful for any person during an emergency or disaster:
1. To willingly obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulations issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter;
2. To 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 imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;
3. To wear, carry or display, without authority, any means of identification specified by the city, state, or county department of emergency management;
4. To violate or refuse to comply with any lawful order or regulation promulgated by the mayor or other officer of the city pursuant to MVMC 2.40.060.
B. Every violation of any rule, regulation or order issued under the authority of this chapter shall constitute a misdemeanor, punishable by a fine not to exceed $5,000, or by imprisonment not to exceed 120 days; provided, that whenever any person shall commit a second offense hereunder the same shall constitute a gross misdemeanor, punishable by a fine not to exceed $10,000, or by imprisonment not to exceed one year, or by both such fine and imprisonment. (Ord. 3051 § 2, 2001).