Division 2. Public Peace, Morals and Welfare
Chapter 9.10
EMERGENCY POWERS
Sections:
9.10.010 Proclamation of civil emergency—Emergency defined.
9.10.020 Action which may be taken.
9.10.030 Delivery to news media.
9.10.010 Proclamation of civil emergency—Emergency defined.
Whenever a civil emergency, or the 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 or damage to property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall forthwith proclaim in writing the existence of a civil emergency. In the absence of the mayor, the mayor pro tem may declare a civil emergency and issue orders, and in the absence of the mayor pro tem, the city administrator may declare a civil emergency and issue orders. The authority granted to the mayor in this chapter is in addition to and not in limitation of other policies allowing the mayor to declare an emergency and take action necessary to deal with such emergency. For the purposes of this chapter a “civil emergency” shall mean:
A. A riot, unlawful assembly, insurrection, enemy attack, sabotage, or other hostile action; or
B. A natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause. (Ord. 2633 § 2, 2008).
9.10.020 Action which may be taken.
Upon the proclamation of a civil emergency by the mayor, and during the existence of such 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, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;
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 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 discretion of the mayor, be allowed to remain open;
D. 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;
E. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;
F. An order waiving the public works competitive bidding requirements and awarding contracts to address the emergency situation in accordance with Chapters 38.52 and 39.04 RCW;
G. Such other orders as are imminently necessary for the protection of life and property.
Provided, however, that any such orders shall, at the regular or special meeting of the city council next following the date the orders are issued, be presented to the city council for ratification and confirmation by resolution of the city council, and if not so ratified and confirmed shall be of no further effect. Provided further, in the event an order is issued under subsection F of this section, then the mayor shall also make a finding that an emergency existed within two weeks from the date the order was issued and post the contract and findings on the city’s website. If the city’s website is down due to the emergency, then the mayor shall take reasonable steps to notify the public of the award of the contract and the substance of his findings in accordance with the state law. (Ord. 2820 § 1, 2013: Ord. 2633 § 3, 2008).
9.10.030 Delivery to news media.
The mayor shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within Benton and Yakima Counties 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. 2633 § 4, 2008).
9.10.040 Violation—Penalty.
It is unlawful for anyone to fail or refuse to obey any such order proclaimed by the mayor. Anyone convicted of a violation of this chapter is punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than ninety days, or both such fine and imprisonment. (Ord. 2633 § 5, 2008).
9.10.900 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2633 § 6, 2008).