Chapter 2.08
EMERGENCY OPERATIONS
Sections:
2.08.030 Emergency operations board – Membership.
2.08.040 Emergency operations board – Powers and duties.
2.08.050 Emergency operations board – Meetings, officers, records, quorum.
2.08.060 Director of emergency operations – Powers and duties.
2.08.070 Director of emergency operations – Disaster powers and duties.
2.08.080 Emergency operations organization – Membership.
2.08.090 Emergency operations organization – Divisions, services and staff.
2.08.110 Violation – Penalties.
2.08.120 Reserve police – Established.
2.08.130 Reserve police – Duties.
2.08.140 Reserve police – Membership.
2.08.150 Reserve police – Chief’s duties.
2.08.160 Reserve police – Powers.
2.08.170 Reserve police – Compensation.
2.08.180 Reserve police – Liability.
2.08.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency assistance and aid of persons and property within this city in the event of a disaster, and to provide for the coordination of the emergency operations and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency operations and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. [Ord. 180 § 1.01; Ord. 28-83].
2.08.020 Definitions.
Disaster. As used in this chapter, “disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.
Emergency Operations. As used in this chapter, “emergency operations” means the preparation for and the carrying out of all emergency functions other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. [Ord. 180 § 1.02; Ord. 28-83].
2.08.030 Emergency operations board – Membership.
The Richland emergency operations board is created and shall consist of the mayor, who shall be chairperson, the mayor pro tempore, who shall be vice-chairperson, the director of emergency operations, the city attorney and all municipal department heads of the city of Richland. The terms of the members of the emergency operations board shall last so long as each member holds the municipal position that qualifies him for membership under the ordinance codified herein, and thereafter his successor shall automatically become a member of the emergency operations board. [Ord. 180; Ord. 802; Ord. 28-83].
2.08.040 Emergency operations board – Powers and duties.
It shall be the duty of the Richland emergency operations board, and it is empowered, to review and recommend for adoption emergency operations and mutual aid plans and agreements and such resolutions, rules and regulations as are necessary to implement such plans and agreements. [Ord. 180 § 1.04; Ord. 802 § 1.03; Ord. 28-83].
2.08.050 Emergency operations board – Meetings, officers, records, quorum.
The emergency operations board shall create and fill such offices, other than chairperson and vice-chairperson, as it may determine it requires. The board shall meet upon call of the chairperson, or in his absence from the city or inability to call such meeting, upon the call of the vice-chairperson. It shall adopt rules for the transaction of business, and it shall keep a record of its meetings, resolutions, transactions, findings and determinations, which record shall be open to public inspection.
A majority of the board shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any meeting shall be deemed the action of the board. [Ord. 180 § 1.05; Ord. 802 § 1.03; Ord. 28-83].
2.08.060 Director of emergency operations – Powers and duties.
The director of emergency operations is empowered and directed:
A. To prepare an emergency operating plan for the city conforming to the county and state emergency plan and program;
B. To control and direct the effort of the emergency operations organization of this city for the accomplishment of the purposes of this chapter;
C. To direct coordination and cooperation between divisions, services and staff of the emergency operations organization of this city, and to resolve questions of authority and responsibility that may arise between them;
D. To represent the emergency operations organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster. [Ord. 180 § 1.07].
2.08.070 Director of emergency operations – Disaster powers and duties.
In the event of disaster, the director is empowered:
A. 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 must be confirmed at the earliest practicable time by the emergency operations board;
B. 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 bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;
C. To require emergency services of any city officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency operations workers;
D. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, by agreement approved by the emergency operations board, or by any other lawful authority;
E. To requisition necessary personnel or material of any city department or agency. [Ord. 180 § 1.08; Ord. 802 § 1.04; Ord. 28-83].
2.08.080 Emergency operations organization – Membership.
The emergency operations organization of the city of Richland shall consist of:
A. All officers and employees of the city;
B. The emergency operations auxiliary police force;
C. Any auxiliary fire fighting force;
D. Other volunteer groups registered as emergency operations workers with the emergency operations organization, together with (1) those volunteer forces enrolled to aid them during a disaster, and (2) all groups, organizations and persons who may, by agreement or operation of law, be charged with duties incident to the protection of life and property in this city during disaster, including persons pressed into service under the provisions of RMC 2.08.070(C). [Ord. 180 § 1.09; Ord. 28-83].
2.08.090 Emergency operations organization – Divisions, services and staff.
The functions and duties of the emergency operations organization shall be distributed among such divisions, services and special staff as the emergency operations board shall prescribe.
The director of emergency operations shall, with the approval of the emergency operations board, prescribe the form of 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 Services of the State of Washington. [Ord. 180 § 1.10; Ord. 802 § 1.05; Ord. 28-83].
2.08.100 Offenses defined.
It is unlawful for any person, during a disaster:
A. To willfully obstruct, hinder or delay any member of the emergency operations organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
B. 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 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;
C. To wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Services. [Ord. 180 § 1.11; Ord. 28-83].
2.08.110 Violation – Penalties.
Every person convicted of a violation of any of RMC 2.08.010 through 2.08.100 shall be punished by a fine not to exceed $5,000 or by imprisonment for not more than one year or by both such fine and imprisonment. [Ord. 180 § 1.12; Ord. 28-83; Ord. 17-84; Ord. 40-98].
2.08.120 Reserve police – Established.
There is created and established a civilian reserve police force of up to 25 members. Each member shall be appointed by the chief of police. The reserve police force shall function as a unit of the Richland police department under the supervision of the chief of police. [Ord. 178 § 1.01; Ord. 28-83; Ord. 40-98].
2.08.130 Reserve police – Duties.
The duties of the reserve police unit are to supplement the regular police service of the community during times of emergency and/or disaster, to maintain and preserve peace, protect life and property, prevent crime, apprehend law violators, perform patrol duties as directed, perform traffic control duties as directed and perform special assignments as required. [Ord. 178 § 1.02; Ord. 28-83].
2.08.140 Reserve police – Membership.
For membership in the reserve police unit, each applicant must file application with the chief of police, indicate his willingness to serve an average minimum of 12 hours per month in the public service, meet the qualifications and requirements prescribed for membership in the reserve police unit, complete the training program, be appointed by the chief of police, take an oath of office and be sworn in.
Members of the reserve police unit are to:
A. Be a citizen of the United States;
B. Be a resident of the city of Richland;
C. Be trustworthy and of good moral character;
D. Not have been convicted of a felony or any offense involving moral turpitude.
The chief of police is authorized to furnish each member of the reserve police unit with a membership identification card and police badge. The membership identification card is to be carried by such member at all times, and the police badge is to be worn only when the reserve policeman is authorized to wear the prescribed uniform.
Membership of any person in the reserve police may be revoked at any time by the chief of police. Any member of the reserve police may resign upon notification to the chief of police. Upon separation from the organization, all equipment issued to him by the city must be turned in within five days. [Ord. 178 § 1.03; Ord. 28-83; Ord. 40-98].
2.08.150 Reserve police – Chief’s duties.
The chief of police shall be the commanding officer of the reserve police unit. He shall be responsible for establishing a training program, promulgating rules and regulations for their conduct, prescribing their uniform, and supervising their performance of duty. He shall select and appoint men to the reserve police and may appoint such subordinate officers as he deems suitable and necessary.
No member of the reserve police shall be regarded as a city employee for any purpose, nor subject to personnel rules and regulations, nor entitled to the benefits of the Police Pension Fund Act (Chapter 41.20 RCW). [Ord. 178 § 1.04; Ord. 28-83].
2.08.160 Reserve police – Powers.
Members of the reserve police unit shall have all those powers vested in them by the chief of police while in the performance of officially authorized duties, including such power to make arrests as any police officer of the city, but under no circumstances shall the reserve policeman exercise any power while not in the performance of duties ordered by the chief of police or by a regular police officer. [Ord. 178 § 1.05; Ord. 28-83].
2.08.170 Reserve police – Compensation.
Members of the emergency operations reserve police unit serve without compensation, but the city may, in its discretion, pay all or part of the cost of accidental death and medical insurance coverage, and the cost of furnishing uniforms and equipment when the appropriation therefor has been indicated as an item in the city’s budget. [Ord. 178 § 1.06; Ord. 825 § 1.01; Ord. 28-83].
2.08.180 Reserve police – Liability.
The city shall register all regular members of the reserve police officers as emergency operations reserve police officers so that in the event of injury or death in the performance of duty, such reserve police officers will be eligible for compensation available for this purpose as established by the state legislature and administered by the state and Federal government. [Ord. 178 § 1.07; Ord. 28-83].
2.08.190 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 this 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. 178 § 1.08; Ord. 180 § 1.13; Ord. 28-83].