Chapter 2.76
EMERGENCY OPERATIONS
Sections:
2.76.025 Comprehensive emergency management plan adopted.
2.76.030 Comprehensive emergency management plan (CEMP).
2.76.035 Emergency management organization.
2.76.040 Powers and duties of emergency operations manager in preparation for a disaster.
2.76.050 Authority of emergency operations manager in the event of a disaster.
2.76.065 Temporary replacement of the mayor.
2.76.070 Immunity from private liability.
2.76.010 Purposes.
The purpose of this chapter is to protect the lives and property of the citizens of Pacific in the event of a disaster through planning, training and organization and by authorizing the exercise of emergency powers as prescribed by RCW 38.52.070. (Ord. 1621 § 2, 2005; Ord. 943 § 1, 1984).
2.76.020 Definitions.
A. Disaster.
1. “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 city overtaken by such occurrences; or
b. Reaches such a dimension or degree of destructiveness as to warrant the mayor proclaiming the existence of a disaster or the governor declaring a state of emergency in accordance with appropriate local and state statute.
2. The proclamation of a disaster by the mayor shall be accompanied simultaneously by:
a. A public proclamation posted on the exterior of all city offices, schools and libraries; and
b. The prompt effort to serve personal notice to all members of the city council, with service modes to include confirmed telephone contact or personal service by city staff. (Ord. 1621 § 2, 2005; Ord. 1498 § 1, 2001).
2.76.025 Comprehensive emergency management plan adopted.
The comprehensive emergency management plan, dated February 16, 2010, attached to Ordinance No. 1749, along with all appendices as periodically amended by the mayor, is hereby adopted, to replace any and all others previously adopted. Any amendments approved by the mayor shall be effective for not more than one year unless ratified by the city council. (Ord. 1749 § 1, 2010).
2.76.030 Comprehensive emergency management plan (CEMP).
The comprehensive emergency management plan (CEMP), to the extent that it does not conflict with this chapter, shall govern disaster preparedness and disaster response in the city of Pacific. The comprehensive emergency management plan (CEMP) and any amendments thereto shall be subject to the approval of the mayor and shall immediately take effect upon approval by the mayor. (Ord. 1750 § 1, 2010; Ord. 1621 § 3, 2005).
2.76.035 Emergency management organization.
The emergency management organization of the city of Pacific is created and shall consist of the following:
A. 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 city of Pacific and direct responsibility for the disaster operations of departments in the city;
B. The emergency operations manager, who shall be appointed by and be subject to the supervision of the mayor and who shall be responsible for the administration and operation of the emergency management organization, including the issuance of recommendations to the mayor on the amendment and implementation of the comprehensive emergency management plan (CEMP);
C. The emergency management organization, which oversees and provides policy recommendation to the city council during disaster and recovery periods and provides direction for the development and maintenance of the comprehensive emergency management plan (CEMP). The emergency management organization provides policy direction for disaster preparedness and mitigation. The mayor shall serve as chair of the emergency operations organization and the emergency operations manager shall serve as vice chair. The remaining membership of the emergency operations organization shall be as designated in the comprehensive emergency management plan (CEMP);
D. The emergency management committee, which provides staff support, direction and expertise in development of the comprehensive emergency management plan (CEMP) and all supporting documents. The emergency operations manager shall serve as chair of the committee. (Ord. 1750 § 1, 2010; Ord. 1621 § 3, 2005).
2.76.040 Powers and duties of emergency operations manager in preparation for a disaster.
Subject to the direction and control of the mayor, the emergency operations manager shall be empowered as follows:
A. To have direct responsibility for disaster coordination including, but not limited to, the organization, administration, and operation of the emergency management committee, and the resolution of questions of authority and responsibility arising among the various members of such organization.
B. To draft, review, and recommend disaster preparedness and mutual aid plans and/or agreements, and such ordinances and resolutions as are necessary to implement such plans and agreements.
C. To organize and direct the training of the emergency management committee, including practice drills.
D. To represent the city in all dealings with public and/or private agencies regarding the provision of disaster 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. (Ord. 1750 § 1, 2010; Ord. 1621 § 3, 2005).
2.76.050 Authority of emergency operations manager in the event of a disaster.
Subject to the supervision and control of the mayor, the emergency operations manager 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 city 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 city department or agency.
C. To require the emergency services of any city 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 city 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. 1750 § 1, 2010; Ord. 1621 § 3, 2005).
2.76.060 Violations.
The following offenses shall be punishable as misdemeanors by a fine not to exceed $500.00 and/or by imprisonment not to exceed 90 days.
A. No person shall willfully 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. 1621 § 3, 2005).
2.76.065 Temporary replacement of the mayor.
The following elected officials shall, in the order listed, act on behalf of the mayor if he/she is unable to carry out his/her duties, in carrying out the purposes of this chapter or the provisions of the emergency management plan:
A. The mayor pro tem;
B. The most senior city council member;
C. The remaining city council members in order of continuous seniority. (Ord. 1621 § 3, 2005).
2.76.070 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 city of Pacific disaster director 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. This section shall also apply to any practice drill authorized pursuant to this chapter. (Ord. 1621 § 3, 2005).
2.76.300 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. 1621 § 3, 2005).