Chapter 8.10
EMERGENCY MANAGEMENT
Sections:
8.10.020 Emergency management policy.
8.10.040 Basic emergency management plan and emergency management program.
8.10.050 Disaster powers of the City Manager and Emergency Manager.
8.10.060 Emergency Management Organization.
8.10.070 Mutual aid and interlocal agreements.
8.10.080 No private liability.
8.10.100 Special relationship clause.
8.10.110 Regional disaster plan adopted.
8.10.120 Emergency public works contracting.
8.10.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for mitigation, preparedness, response and recovery for persons and property within the City of Woodinville in the event of an emergency or disaster, whether natural or manmade. Further, it is to provide for the coordination of emergency functions and services of the City of Woodinville with all 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 habitants and property of the City of Woodinville. (Ord. 648 § 2, 2017)
8.10.020 Emergency management policy.
It is the policy of the City of Woodinville to make effective preparation and use of personnel, 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 Woodinville to respond to protect life, public health and public and private property. Therefore, citizens are advised to be prepared to be on their own for up to 14 days or as the Washington State Emergency Management Department recommends, whichever is more stringent, following a disaster or emergency. (Ord. 648 § 2, 2017)
8.10.030 Definitions.
(1) “Emergency Manager” shall mean the person appointed by the City Manager upon the basis of ability and training to be responsible for the administration and operation of the emergency management program and plan for the City of Woodinville and other duties as assigned by the City Manager.
(2) “Disaster” as used in this chapter shall mean an event or set of circumstances which:
(a) An event expected or unexpected, in which a community’s available resources are expended; or the need for resources exceeds availability.
(b) Demands the immediate action to preserve public health, protect life, protect public and private property, or to provide relief to any area within the City overtaken by such occurrences.
(c) Reaches such a degree as to warrant the City Manager proclaiming the existence of a disaster or emergency or the Governor declaring a state of emergency in accordance with appropriate local and State statutes.
(d) A disaster is a dangerous event that causes significant human and economic loss and demands a crisis response beyond the scope of any single agency or service. Disasters are distinguished from emergencies by the greater level of response required.
(3) “Emergency management” means 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 caused by all disasters or emergencies, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress.
(4) “Emergency” as used in this chapter shall mean an event or set of circumstances which:
(a) An event, expected or unexpected, involving shortages of time and resources; that places life, property or the environment in danger and that requires response beyond routine incident response resources.
(b) Demands immediate action to preserve public health, protect life, protect public and private property, or to provide relief to any area within the City overtaken by such occurrences.
(c) Reaches such a degree of destructiveness as to warrant the City Manager proclaiming the existence of a disaster or emergency or the Governor declaring a state of emergency in accordance with appropriate local and State statutes.
(d) An emergency is an event that normally can be managed at the local level. (Ord. 648 § 2, 2017)
8.10.040 Basic emergency management plan and emergency management program.
(1) In accordance with Chapter 38.52 RCW as presently constituted or as may be amended, the City Council shall adopt by motion a basic emergency management plan for the City of Woodinville, which shall be submitted to the Washington State Emergency Management Division.
(2) In accordance with the basic plan of the Comprehensive Emergency Management Plan (CEMP), the Emergency Manager shall be appointed by the City Manager and be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the City of Woodinville and direct responsibility for the emergency operations of City departments.
(3) The City Manager and Emergency Manager are authorized to develop and implement a CEMP for the City of Woodinville including, but not limited to, the establishment of a resource planning committee with neighboring jurisdictions and districts, citizen volunteers, and whoever else may have a role in disaster response for the City of Woodinville. The City Manager and Emergency Manager may also form a citizen volunteer structure that will focus on disaster response through various programs such as community emergency response training (CERT).
(4) The Policy Team for the City of Woodinville related to emergency management services shall consist of the City Manager and City Council members or staff as designated by the City Manager. In the event the City Manager is not available during an emergency, City Council shall determine the Policy Team and/or elect an Interim City Manager as established in Chapter 2.09 WMC.
(5) The basic plan identifies disaster and emergency powers of the City Manager, Emergency Manager, Policy Team, and City Council. (Ord. 648 § 2, 2017)
8.10.050 Disaster powers of the City Manager and Emergency Manager.
In the event of a disaster as herein provided, the City Manager and/or Emergency Manager are hereby empowered:
(1) To implement the emergency response plan and emergency preparedness operating plan based on the current Comprehensive Emergency Management Plan (CEMP) for the City conforming to the county and the State Office of Emergency Management plan and program;
(2) To control and direct the effort of the emergency preparedness organization of this City for the accomplishment of the purposes of this chapter;
(3) To direct coordination and cooperation between departments, services and staff of the emergency preparedness organization of this City, and to resolve questions of authority and responsibility that may arise between them;
(4) To represent the emergency preparedness organization of this City in all dealings with public or private agencies pertaining to emergency preparedness and disaster;
(5) To assign functions and duties to departments, services and staff and to set forth the form of organization and establish the designation of division and services for the officers and employees. (Ord. 648 § 2, 2017)
8.10.060 Emergency Management Organization.
The Emergency Management Organization is all officers and employees of the City of Woodinville, together with those citizens enrolled to aid them during a disaster, and all groups, organizations, and persons who may be, by agreement or operation of law, including persons pressed into service under the provisions of WMC 8.10.050 who shall be charged with duties incident to the protection of life and property in this City during such disaster, shall constitute the Emergency Management Organization of the City. The Emergency Management Organization is not shared with any other entity and as such no cost sharing for the operating capital budget is required. The costs related to supporting the organization are allocated within the City budget process. (Ord. 648 § 2, 2017)
8.10.070 Mutual aid and interlocal agreements.
The City Manager shall have the power to sign, on behalf of the City, mutual aid and interlocal agreements with other municipalities, the county and other governmental subdivisions, which have been approved by the City Council. All previous mutual aid agreements which have been signed by the City Manager are hereby confirmed and ratified, provided the same, or parts thereof, are not inconsistent with this chapter. (Ord. 648 § 2, 2017)
8.10.080 No 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 Woodinville a license or privilege or otherwise permits said 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 any attack by enemies of the United States or during a disaster drill, exercise or test ordered by a lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct, shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 648 § 2, 2017)
8.10.090 Penalty.
Any person who shall 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 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 imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof, or wear, carry or display, without authority, any means of identification specified by the Emergency Management Agency of the State, shall upon conviction, be misdemeanor punishable as provided in WMC 1.03.010(1). (Ord. 648 § 2, 2017)
8.10.100 Special relationship clause.
By creating an emergency services organization with a goal of protecting life, health, and property in the event of emergency or disaster situations, the City does not mean to extend any assurances to any particular individual or class of individuals that the City will in fact succeed in its goal. (Ord. 648 § 2, 2017)
8.10.110 Regional disaster plan adopted.
Repealed by Ord. 642 (superseded by Res. 493). (Ord. 648 § 2, 2017)
8.10.120 Emergency public works contracting.
Public works contracting and purchasing may waive competitive bidding requirement in accordance with RCW 39.04.280(e). If Federal funding is being used as part of the Recovery Act, then the public works contracting shall be pursuant of RCW 39.28.010 to 39.28.030 and comply with competitive bidding procedures. Alternative bidding procedures may be used in accordance with and approval of the Capital Projects Advisory Review Board (CPARB). The criteria for the alternative bidding procedures shall be in accordance with RCW 39.10.330. (Ord. 648 § 2, 2017)