Chapter 2.35
EMERGENCY MANAGEMENT
Sections:
2.35.055 Disaster and emergency powers of the City Manager.
2.35.060 Disaster and emergency powers of the Director.
2.35.070 Incapacity of Manager, Director and Deputy Director.
2.35.085 Emergency authority of Mayor.
2.35.010 Purpose.
The purposes of this chapter are to provide for the preparation and carrying out of plans for emergency mitigation, preparedness, response, prevention and recovery for persons and property within the City in the event of an emergency or disaster. Additionally, the purpose is to provide for the coordination of emergency functions and services of the City with other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of University Place.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 117 § 1, 1996).
2.35.020 Policy.
It is the policy of the City to make effective preparation for and use of personnel, resources, and facilities to deal with any emergency or disaster that may occur. Emergencies and disasters by their very nature may disrupt or destroy existing systems and the capability of the City to respond to protect life, public health, public and private property and to provide essential City services. Therefore, citizens are advised to be prepared to be on their own for up to 14 days should an emergency or disaster occur.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 117 § 2, 1996).
2.35.030 Definitions.
A. “Emergency” or “disaster” shall mean an event or set of circumstances which: (1) demands immediate attention 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 a proclamation of the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local or State statute.
B. “Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than those 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 property 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.
C. “Director of Emergency Management” or “Director” means the person appointed by the City Manager who is responsible for the administration and operation of the emergency management program for the City of University Place.
D. “Deputy Director of Emergency Management” means the person appointed by the City Manager to represent the Director in his/her absence.
E. “City Manager” means the City Manager of the City of University Place or such other person who may be discharging the duties of the City Manager.
F. “Emergency management plan” shall refer to the “comprehensive emergency management plan” (CEMP) required by RCW 38.52.070.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 331 § 4, 2001; Ord. 117 § 3, 1996).
2.35.040 Organization.
A. The emergency management organization of the City of University Place is hereby created, and shall consist of:
1. 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 University Place and direct responsibility for the emergency operations of departments of the City of University Place;
2. 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 University Place, and shall have such other duties as may be assigned to him/her by the City Manager;
3. A Deputy Director, who shall be appointed by the City Manager, and who shall perform such functions as outlined in the emergency management plan and shall act for and exercise the powers and perform the duties of the Director during his/her absence or disability;
4. Compensated members of the emergency management organization, if appropriate; and
5. Such other individuals whom the City Manager deems necessary.
B. The City of University Place may form its own Department of Emergency Management, or it may contract pursuant to Chapter 39.34 RCW for emergency management services with one or more political subdivisions which have an approved emergency management program in accordance with Chapter 38.52 RCW.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 423 § 2, 2004; Ord. 331 § 1, 2001; Ord. 117 § 4, 1996).
2.35.050 Plan and program.
The City Manager and the Director are authorized to develop and implement an emergency management plan for the City of University Place. The emergency management plan so developed shall be the official emergency management plan of the City of University Place. The Director shall file a copy of said plan in the office of the City Clerk and shall distribute copies of said plan to appropriate City departments. The City Manager is further authorized to assign to the various departments and to the officers and employees of the City the functions, duties and powers set forth in the emergency management plan.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 331 § 2, 2001; Ord. 117 § 5, 1996).
2.35.055 Disaster and emergency powers of the City Manager.
In the event of an emergency or disaster as defined herein, or upon the proclamation of a state of emergency by the Governor covering the region in which the City of University Place is located, the City Manager is hereby empowered:
A. To proclaim the existence of an emergency, as authorized by local and State statute, and to report the facts concerning the emergency to the City Council at the earliest practical time;
B. 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 are confirmed at the earliest practical time by the City Council;
C. Upon the proclamation of a state of emergency and prior to terminating such, may issue an order or orders concerning waiver or suspension of obligations or limitations for those regulatory obligations or limitations if strict compliance with the provision of any municipal code provision, ordinance, resolution, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the disaster or emergency. This waiver or suspension may extend to include fees imposed under the City’s fee schedule. A waiver or suspension of such obligations under this subsection is not allowed in those circumstances where either (1) authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another agency or the City Council; (2) the waiver or suspension would conflict with requirements that are a prescribed condition to the allocation of funds to the City; (3) conflict with any provision of State or Federal law; or (4) the municipal code or other legislation of the City expressly precludes a waiver. Any orders issued under this subsection must be confirmed by the City Council at the earliest practical time;
D. To obtain vital supplies, equipment and such other property found lacking and needed for the protection of the life and property of the people and to bind the City of University Place for the fair value thereof, and, if required immediately, to appropriate the same for public use;
E. To control and direct the efforts of the emergency management organization of the City of University Place for the accomplishment of the purposes of this chapter;
F. To delegate to individuals, as necessary, the authority to accomplish specific or general emergency actions in conjunction with the emergency response;
G. To require emergency services of any City employee, or to reassign the duties of any City officer or employee which the code may delegate to a specific officer or employee, unless prohibited by either State law or professional licensing or credentialing requirements, to enlist the aid of as many citizens of the City of University Place as may be deemed necessary in the execution of the Director’s duties, and such persons to be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency workers;
H. To requisition necessary personnel or material of any City department or agency; and
I. To execute all of the special powers conferred upon the City Manager by this chapter, by any other statute, agreement or lawful authority, as necessary.
(Ord. 738 § 1 (Exh. A), 2020).
2.35.060 Disaster and emergency powers of the Director.
The Director is hereby empowered:
A. To request the City Manager to proclaim the existence or threatened existence of an emergency and the termination thereof, or to issue such proclamation if the City Manager is not available, subject to confirmation by the City Manager at the earliest practical time;
B. To direct coordination and cooperation between divisions, services and staff of the departments of the City of University Place and other governmental agencies in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
C. To recommend for adoption by the City Manager or City Council, as appropriate, emergency management plans and mutual aid agreements;
D. To act on behalf of the City Manager if he/she is unable to carry out his/her duties, in accomplishing the purposes of this chapter or the provisions of the emergency management plan;
E. To represent the emergency management organization of the City of University Place in dealing with issues pertaining to emergency management; and
F. To prepare and maintain the emergency management plan of the City of University Place and to manage the day-to-day responsibilities of the emergency management program activities of the City of University Place.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 331 § 4, 2001; Ord. 117 § 6, 1996).
2.35.070 Incapacity of Manager, Director and Deputy Director.
The City Manager is authorized to establish a line of succession or “chain of command” for the position of Director of Emergency Management to be in place in the event that the City Manager, Director of Emergency Management and Deputy Director of Emergency Management are for any reason unable to fulfill his/her duties in a disaster or emergency. This line of succession shall be published in the City’s emergency management plan. An acting Emergency Management Director shall have the same authority to act as the Director.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 331 § 3, 2001; Ord. 117 § 7, 1996).
2.35.080 Director – Emergency powers.
Repealed by Ord. 738.
(Ord. 729 § 1, 2020; Ord. 331 § 4, 2001; Ord. 117 § 8, 1996).
2.35.085 Emergency authority of Mayor.
A. In addition to other authority conferred by law, this code or the current version of the City Council’s rules of procedure, upon the declaration of an emergency, the Mayor is empowered to perform the following acts:
1. Form ad hoc committees of the City Council, consisting of not more than a quorum of the entire Council, which may be necessary to meet the emergency. The Mayor shall be the chair of such committees, or if the Mayor is not willing or able to serve as chair, the Mayor may appoint a chair;
2. To waive applicable provisions of the City Council’s rules of procedure which may be necessary to expeditiously conduct meetings of the City Council;
3. If warranted due to the death, disability or inability of a commissioner to serve or otherwise warranted by the nature of the emergency, to appoint provisional members of citizen advisory committees established pursuant to Chapter 1.35 UPMC. Such appointments may exceed the total membership of a commission established by Chapter 1.35 UPMC. Unless independently confirmed pursuant to the procedures set forth in Chapter 1.35 UPMC or otherwise set forth in either the order terminating the emergency or the order provisionally appointing the commissioner, provisional appointments of commissioners shall lapse at the conclusion of the emergency.
B. All acts of the Mayor undertaken pursuant to subsection (A) of this section are subject to confirmation by the City Council at the earliest practical time.
C. For the purposes of this section, “Mayor” shall refer to the duly selected Mayor of the City of University Place, or, in his or her absence, death, disability or inability to serve as such, the Mayor Pro Tempore. In the absence, death, disability, or inability to serve of both the Mayor and Mayor Pro Tempore, all references to “Mayor” shall refer to the member of the City Council with the most years of service as a member of the City Council.
(Ord. 738 § 1 (Exh. A), 2020).
2.35.090 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 a license or privilege or otherwise permits the City 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. 738 § 1 (Exh. A), 2020; Ord. 117 § 9, 1996).
2.35.100 Penalties.
A. It is a violation of this chapter for any person to:
1. Willfully obstruct, hinder, or delay any member of the emergency management organization of the City in the enforcement of any lawful rule, order or regulation issued pursuant to this chapter in the performance of any duty imposed upon such member by virtue of this chapter; or
2. Do any act forbidden by any lawful rules, orders or regulations issued pursuant to this chapter if such act is of such a nature as to imperil the lives or property of inhabitants of the City or to prevent, hinder or delay the protection thereof; or
3. Wear, carry or display, without authority, any means of identification specified by the Emergency Management Agency of the State.
B. Violations of subsection (A) of this section shall be a misdemeanor punishable by imprisonment for up to 90 days in jail and by a fine of not more than $1,000.
C. For any provision of this code punishable as an infraction and for which a lesser penalty is set forth, if it is pleaded and proved that such an act either (1) imperils the lives or property of inhabitants of the City or prevents, hinders or delays the protections thereof; or (2) is related to the City’s emergency response efforts, the penalty shall be raised to $500.00 together with fees.
(Ord. 738 § 1 (Exh. A), 2020; Ord. 117 § 10, 1996).