Chapter 2.95 EMERGENCY POWERS OF MAYOR, CITY COUNCIL AND CITY MANAGER

Chapter 2.95
EMERGENCY POWERS OF MAYOR, CITY COUNCIL AND CITY MANAGER

Sections:

2.95.010 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 or unavailability of the mayor, such a civil emergency may be declared by the person indicated in TMC 2.95.020 on the line of succession. For the purposes of this chapter, a “civil emergency” shall mean:

A. A riot, unlawful assembly, insurrection, enemy attack, terrorist attack, sabotage, or other hostile action; or

B. A natural or human-caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or eruption, or other natural cause.

1. For the purpose of this chapter, the term “unlawful assembly” means any threat, actual or implied, to use force or violence when accompanied by immediate power to execute such force or violence by three or more persons acting together without authority of law and where the threat to use the same would endanger or tend to endanger the safety of property or persons. (Ord. 2011-1 § 1, 2011).

2.95.020 Line of succession.

A. The line of succession for elected officials to serve as the acting mayor is as follows:

1. Mayor.

2. Mayor pro tem.

3. Council members by seniority unless a member is unavailable or declines to serve. “Senior” or “seniority” shall mean the number of years served on the city council. In the event of exact seniority by two or more members, the members shall mutually determine who shall act as mayor.

B. Staff Official Appointed Acting Mayor. In the event that the entire council is unavailable, too injured, or is deceased, the line of succession for city employees to serve as the acting mayor is as follows:

1. City manager.

2. Police chief.

3. Fire chief.

4. Public works director.

C. Powers and Duties of the Acting Mayor. Every provision of law in relation to the powers and duties of the mayor, and in relation to acts and duties to be performed by others toward him or her, extends to the person in the line of succession who shall be performing for the time being the duties of mayor. (Ord. 2011-1 § 1, 2011).

2.95.030 Action which may be taken.

A. 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:

1. 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 or she deems necessary, and subsequent orders from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;

2. An order requiring any or all business establishments to close and remain closed until further order;

3. 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; and further provided, that such orders shall be subject to the laws of the state of Washington by and through the Washington State Liquor Control Board;

4. An order requiring the discontinuance of the sale, distribution, giving away, or possession of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank property affixed to a motor vehicle or except in connection with normal operation of motor vehicles, normal home use or legitimate commercial use;

5. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;

6. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;

7. An order prohibiting the possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person’s place of residence or business;

8. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, and public buildings;

9. An order requesting federal and/or state assistance in combating such civil emergency, including but not limited to requesting the assistance of the National Guard;

10. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons;

11. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency;

12. Such other orders as are imminently necessary for the protection of life and property;

Provided, however, that any such orders shall, at the earliest practicable time but in no event more than 72 hours after the proclamation of the respective order(s), be presented to the city council for ratification and confirmation, and if not so ratified and confirmed shall be void.

B. Upon the proclamation of a civil emergency by the mayor and/or the city council, and during the existence of such emergency, the city council may convene a quorum by conference call if necessary, in which event no action and no vote shall be taken unless every member of the quorum is participating in the conference call at the same time, and may make and proclaim any or all of the following orders:

1. An order providing for the evacuation and reception of the population of the city or any part thereof;

2. Such other orders as are imminently necessary for the protection of life and property.

C. Upon the proclamation of a civil emergency by the mayor and/or the city council, and during the existence of such emergency, the city manager shall have the power by order to enter into contracts and incur obligations necessary to combat such disaster, protect the health and safety of persons and property, provide emergency assistance to the victims of such disaster, and direct the finance department to draw and to pay the necessary warrants for expenditures to respond to the emergency. Such powers shall be exercised in light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices 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, and the appropriation and expenditures of public funds; provided, that the city manager shall, wherever practicable, advise and consult with the city council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the city council for review and upon such review the city council may ratify and confirm, modify, or reject any such order, and if rejected, any such order shall be void. Further, upon such review the city council may enact appropriate legislation including:

1. Findings by resolution with respect to actions taken;

2. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;

3. Approval of gifts, grants or loans accepted by the city during the emergency;

4. Levy of taxes to meet costs of disaster response and recovery operations. (Ord. 2011-1 § 1, 2011).

2.95.040 Delivery to news media.

The mayor shall cause any proclamation issued by him or her, pursuant to the authority of this chapter, to be delivered to all news media within the city and shall utilize such other available means, including public address systems, as shall be necessary, in his or her judgment, to give notice of such proclamation to the public. (Ord. 2011-1 § 1, 2011).

2.95.050 Violation – Penalty.

It is unlawful for any person to fail or refuse to obey any such order proclaimed by the mayor or the city council. Any person convicted of a violation of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00, or by imprisonment in jail for a period not to exceed 90 days, or by both such fine and imprisonment. (Ord. 2011-1 § 1, 2011).