Chapter 2.31
EMERGENCY MANAGEMENT
Sections:
2.31.020 Preparation for emergencies.
2.31.030 Emergency management defined.
2.31.040 Emergency or disaster defined.
2.31.060 Deputy director defined.
2.31.070 Comprehensive emergency management plan.
2.31.080 Emergency management program.
2.31.085 Unavailability of mayor or city manager.
2.31.087 Disaster and emergency powers of the mayor.
2.31.090 Disaster and emergency powers of the city manager.
2.31.100 Disaster and emergency powers of the director.
2.31.110 Functions and duties of departments and employees.
2.31.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the city of Puyallup in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city of Puyallup with the county and other affected public agencies and private persons, corporations and organizations. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.020 Preparation for emergencies.
It is the policy of the city of Puyallup 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 Puyallup to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.030 Emergency management defined.
“Emergency management” shall mean the preparation 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. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.040 Emergency or disaster defined.
“Emergency” or “disaster” as used in this chapter shall mean 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 overtaken by such occurrences; or
(2) Reaches such a dimension or degree of destructiveness as to warrant the mayor, county executive, or Governor to proclaim the existence of a disaster or state of emergency in accordance with appropriate local and state policy, ordinance, or statute. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.050 Director defined.
“Director” means the emergency management director as set forth in the comprehensive emergency management plan of the city of Puyallup. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.060 Deputy director defined.
“Deputy director(s)” means the person or persons who shall assume the position of director in the event that the director is unavailable, as set forth in the comprehensive emergency management plan of the city of Puyallup. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.070 Comprehensive emergency management plan.
The comprehensive emergency management plan, prepared by the director and promulgated by the city council, is the official emergency management plan of the city of Puyallup. The director 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. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.080 Emergency management program.
(1) The emergency management program of the city of Puyallup is hereby created and shall consist of:
(a) The city manager, who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the city of Puyallup and direct responsibility for the emergency operations of departments of the city of Puyallup; provided, however, the city manager may delegate such functions in accordance with the comprehensive emergency management plan of the city of Puyallup;
(b) The director, who shall be appointed by the city manager, and who shall develop and maintain the emergency management plan and program of the city of Puyallup, and shall have such other duties as may be assigned to him by the city manager;
(c) A deputy director(s), who may be appointed by the director, subject to the approval of the city manager, and who shall perform such functions as outlined in the comprehensive emergency management plan and shall act for and exercise the powers and perform the duties of the director during his/her unavailability;
(d) Compensated members of the emergency management organization;
(e) Volunteer members of the emergency management organization; and
(f) Such advisory committees or other persons, groups, corporations, agencies, or entities as may be appointed by the director.
(2) The city of Puyallup may form its own department of emergency management, or it 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. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.085 Unavailability of mayor or city manager.
(1) In the event that the mayor is unavailable to proclaim a disaster or state of emergency or carry out the functions required by this chapter, the deputy mayor shall act in his or her place, and, in the event that the deputy mayor is not available, then the next available councilmember with the longest period of consecutive service shall perform the functions required by this chapter.
(2) In the event that the city manager is unavailable to perform the functions of this chapter, the person designated by city policy to act as city manager in the absence of the city manager shall perform the functions required of this chapter. (Ord. 2706 § 1, 2001).
2.31.087 Disaster and emergency powers of the mayor.
In the event of a disaster or emergency, and after consulting with the director, the mayor is authorized to proclaim a disaster or state of emergency, request that the county executive or Governor proclaim a state of emergency when in the opinion of the mayor the resources of the area or region are inadequate to cope with the disaster, and call and conduct any emergency meetings of the city council as deemed appropriate. (Ord. 2706 § 1, 2001).
2.31.090 Disaster and emergency powers of the city manager.
In the event of a proclamation of a disaster or state of emergency by the mayor, county executive, or Governor, the city manager is hereby empowered:
(1) To 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 set forth by ordinance or resolution must be passed by the city council;
(2) To request the county executive or Governor to proclaim a state of emergency when, in the opinion of the city manager, the resources of the area or region are inadequate to cope with the disaster;
(3) To 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 of Puyallup for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(4) To control and direct the efforts of the emergency management organization of the city of Puyallup for the accomplishment of the purposes of this chapter;
(5) To require emergency services of any city of Puyallup officer or employee and to command the aid of as many citizens of the city of Puyallup as may be deemed necessary in the execution of the purposes of this chapter; and such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;
(6) To requisition necessary personnel or material of any city of Puyallup department or agency;
(7) To execute all of the special powers conferred upon the mayor by this chapter, by any other statute, agreement or lawful authority, as necessary;
(8) To take any action necessary to accomplish the purpose or policy of this chapter, the provisions of the comprehensive emergency management plan, or the provisions of Chapter 38.52 RCW. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.100 Disaster and emergency powers of the director.
The director is hereby empowered:
(1) To request the mayor to proclaim a disaster or state of emergency and the termination thereof;
(2) To direct coordination and cooperation between divisions, services and staff of the departments and services of the city of Puyallup in carrying out the provisions of the comprehensive emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
(3) To recommend for adoption by the city council emergency management plans and mutual aid agreements;
(4) To represent the emergency management organization of the city of Puyallup in dealing with issues pertaining to emergency management;
(5) To prepare and maintain the comprehensive emergency management plan of the city of Puyallup and manage the day-to-day responsibilities of the emergency management program activities of the city of Puyallup;
(6) To take any action necessary to accomplish the purpose or policy of this chapter, the provisions of the comprehensive emergency management plan, or the provisions of Chapter 38.52 RCW. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.110 Functions and duties of departments 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 PMC 2.31.070. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.115 Emergency contracts.
The city council, city manager, or director is authorized to enter into contracts and incur obligations necessary to carry out the purposes or policies of this chapter or the provisions of the comprehensive emergency management plan in light of the exigencies of the emergency without regard to time-consuming procedures and formalities proscribed by law (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 expenditure of public funds. (Ord. 2706 § 1, 2001).
2.31.120 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 Puyallup a license or privilege or otherwise permits said city of Puyallup 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. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.130 Penalty.
It shall be a violation of this chapter for any person to:
(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 or the comprehensive emergency management plan of the city of Puyallup; or
(2) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter or the comprehensive emergency management plan of the city of Puyallup 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 any person, 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;
(4) A violation of this chapter shall constitute a misdemeanor, and any person committing such violation shall be punished by a term of 90 days in jail or a $1,000 fine, or both such jail and fine; provided, that any person who commits a second violation shall be guilty of a gross misdemeanor punishable by one year in jail or a $5,000 fine or both such jail and fine. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).
2.31.140 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 2706 § 1, 2001; Ord. 2444 § 2, 1995).