Chapter 1.10
EMERGENCY MANAGEMENT
Sections:
1.10.030 Executive and administrative responsibility.
1.10.040 Continuity in government – References to state law.
1.10.060 Emergency management plan.
1.10.070 Emergency management program.
1.10.080 Emergency management – Executive and administrative powers and duties of the mayor.
1.10.090 Disaster and emergency powers of the mayor.
1.10.095 Director of emergency management – Powers and duties.
1.10.100 Functions and duties of divisions and employees.
1.10.010 Purpose.
(1) The declared purposes of this chapter are to provide for the preparation and carrying out of plans for emergency 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 this city with all other public agencies and affected 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 of Oak Harbor.
(2) It is the policy of this 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 of Oak Harbor to respond to protect life, public health and public property, and essential city services. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur. (Ord. 1295 § 1, 2002).
1.10.020 Definitions.
(1) “Emergency management” shall mean the preparations 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 and property in distress.
(2) “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 neighborhood overtaken by such occurrences; or
(b) Reaches such a dimension or degree of destructiveness as to warrant the city council proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statute.
(3) “Director of emergency management” shall mean the chief of the Oak Harbor fire department or such other person as is assigned by the mayor, who shall serve as the director of emergency management of the city of Oak Harbor. In the absence or unavailability of the director, the duties of the administrator shall be assumed by the chief of police. In the absence of the director or the chief of police, the superintendent of public works shall carry out the duties of this section. (Ord. 1295 § 1, 2002).
1.10.030 Executive and administrative responsibility.
(1) Mayor shall be responsible for assuring carrying out emergency management program for the city of Oak Harbor.
(2) City administrator is hereby empowered on an interim basis to act on behalf of the mayor if the mayor is unable or unavailable to carry out the duties of mayor in an emergency situation.
(3) The mayor may assign and publish additional persons to carry out duties on an interim basis when the mayor or the city administrator is unavailable to carry out the duties of the mayor in an emergency situation.
When a person other than the city administrator deems it necessary to assume responsibility hereunder, he or she shall as soon as is reasonably practicable advise the members of the city council of the action taken and write a report documenting the events and circumstances requiring such action. (Ord. 1295 § 1, 2002).
1.10.040 Continuity in government – References to state law.
(1) The following RCWs related to establishing continuity of government are as follows:
RCW
35A.42.030 Continuity of government – Enemy attack
42.14.010 Definitions
42.14.050 City or town officers
42.14.075 Meetings of governing bodies of political subdivisions at other than usual places
42.12.070 Filing nonpartisan vacancies
(2) The provisions of this chapter shall be used to establish interim acting mayor for continuity of government.
(3) RCW 42.12.070 shall be used for establishing continuity of government for the city council. (Ord. 1295 § 1, 2002).
1.10.060 Emergency management plan.
The emergency management plan prepared by the director of emergency management and promulgated by the mayor is the official emergency management plan of the city of Oak Harbor. The director of emergency management 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. 1295 § 1, 2002).
1.10.070 Emergency management program.
The emergency management program of the city of Oak Harbor is hereby created, and shall consist of:
(1) The mayor who shall be the administrative head of and have direct responsibility for the organization, administration and operation of the emergency management program for the city.
(2) The director of emergency management 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 mayor.
(3) The city may contract, pursuant to Chapter 39.34 RCW, for emergency management services with another political subdivision which does have an approved emergency management program in accordance with Chapter 38.52 RCW. (Ord. 1295 § 1, 2002).
1.10.080 Emergency management – Executive and administrative powers and duties of the mayor.
The mayor is hereby empowered to:
(1) Request the 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;
(2) Request the Governor to proclaim a state of extreme emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster;
(3) Direct coordination and cooperation between divisions, services and staff of the departments and services of this city in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise among them;
(4) Recommend for adoption by the city council emergency management plans and mutual aid plans and agreements. (Ord. 1295 § 1, 2002).
1.10.090 Disaster and emergency powers of the mayor.
In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the Governor or the state Director of Emergency Management, the mayor is hereby empowered to:
(1) 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;
(2) 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;
(3) Control and direct the efforts of the emergency management organization of this city for the accomplishment of the purposes of this chapter;
(4) 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 this city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties; such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;
(5) Requisition necessary personnel or material of any city department or agency;
(6) Execute all of the special powers conferred upon the mayor by this chapter, by any other statute, agreement or lawful authority, as necessary. (Ord. 1295 § 1, 2002).
1.10.095 Director of emergency management – Powers and duties.
The administrator is hereby empowered to:
(1) Act on behalf of the mayor or successors as identified under OHMC 1.10.030, city administrator or other directors of city departments if they are unable to carry out their duties, in carrying out the purposes of this chapter or the provisions of the emergency management plan;
(2) Represent the emergency management organization of the city in dealing with issues pertaining to emergency management;
(3) 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. (Ord. 1295 § 1, 2002).
1.10.100 Functions and duties of divisions and employees.
The city council hereby 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 OHMC 1.10.060. (Ord. 1295 § 1, 2002).
1.10.110 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 Oak Harbor 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 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 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. 1295 § 1, 2002).
1.10.120 Penalty.
Any person who shall:
(1) 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;
(2) 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 this city, or to prevent, hinder or delay the defense or protection thereof;
(3) 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 jail for a period not exceeding 90 days, or both, in the discretion of the court. (Ord. 1295 § 1, 2002).