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y
ORDINANCE NO. 3 9 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING
AUBURN CODIFIED CITY ORDINANCE 2.75 EMERGENCY SERVICES, AND CREATING
A NEW AUBURN CODIFIED CITY ORDINANCE 2.75 EMERGENCY
SERVICES TO REPLACE THE SAME.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOllOWS:
Section 1. Auburn Codified City Ordinance 2.75 Emergency Services is upon
the effective date of this Ordinance repealed.
Section 2. There is herewith created a new Auburn Codified City Ordinance
2.75 Emergency Services which shall read as follows, to-wit:
II Sect ion 1. PURPOSES.
The declared purposes of this ordinance are to provide for the pre-
paration and carrying out of plans, including mock or practice drills, for
the protection of persons and property within this city in the event of a
disaster, and to provide for the coordination of the emergency services
functions of this city with all other public agencies and affected private
persons, corporations and organizations. Any expenditures made in connec-
tion with such emergency services activities, including mutual aid activi-
ties, 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 of Auburn.
Section 2. DEFINITIONS.
"Emergency services" means the preparation for and the carrying out
of all emergency functions other than functions for which the military
forces are primarily responsible, to minimize and repair injury and damage
resulting from disasters caused by fire, flood, storm, earthquake, or
other natural causes, or by civil disturbance, or by enemy attack, sabo-
tage, or other hostile action; and to provide support for search and
rescue operations for persons and property in distress. These functions
include without limitations: fire fighting services; police services;
Ordinance No. 3957
Page One
2/8/84, 4/4/84
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1 medical and health services; rescue, public works, air raid warning
2 services; communications; radiological, chemical and other special weapons
3 defense; evacuation of persons from stricken areas; emergency welfare
4 services; emergency transportation; existing or properly assigned func-
5 tions of plant protection; temporary restoration of public utility ser-
6 vices and other functions related to civilian protection; together with
7 all other activities necessary or incidental to the preparation and for
8 carrying out of the foregoing functions. It shall not include, nor do any
9 provisions of this chapter apply to, any condition relating to a legally
10 conducted labor controversy.
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Section 3. EMERGENCY SERVICES ADVISORY COMMISSION
Membership. The Emergency Services Advisory Commission is hereby
created created and shall consist of the following:
A. The Mayor, who shall be chairman.
B. The coordinator of emergency services, who shall be vice
chairman.
C. Fire Chief, Chief of Police, Public Works Director, Finance
Director, Planning Director, Parks Director, Personnel
Director, and the City Attorney.
The terms of the members are to last so long as they hold the municipal
position which qualifies them for membership under the ordinance codified
herein, and thereafter their successor shall automatically become a
member.
D. One member of the City Council Municipal Services Committee
appointed by the chairperson.
E. Such representatives of civic, business, labor, veterans, pro-
fessional or other organizations having an official group or
organization civil emergency responsibility or other citizens of
the community as may be appointed by the mayor with the advice
and consent of the city council.
Ordinance No. 3957
Page Two
2/8/84, 4/4/84
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1
Section 4. EMERGENCY SERVICES ADVISORY COMMISSION - POWERS AND
2 DUTIES.
3 It shall be the duty of the Auburn Emergency Services Advisory
4 Commission, and it is hereby empowered, to review and recommend for adoption,
5 emergency services and mutual aid plans and agreements and such resolutions,
6 rules and regulations as are necessary to implement such plans and agreements.
7 The Emergency Services Advisory Commission shall meet at least quarter-
8 annually or upon the call of the chairman or in his absence from the city or
9 inability to call such meeting, upon the call of the vice chairman. Members
10 of the Commission, and the news media who have requested notification, shall
11 be notified of each meeting by the forwarding of written notice to each at
12 least three business days in advance of the meeting. The Commission shall:
13 A. Advise the mayor on all matters pertaining to disaster readiness
14 and response capabilities within the City.
15 B. Periodically review and make recommendations for the revision
16 and/or maintenance of up-to-date disaster response plans for the
,17 city consistent with RCW Chapter 38.52 and including:
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1. Preparations for and the carrying out of executive
emergency powers.
2. The delegation and sub-delegation of administrative
authority by the mayor.
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3. The performance of emergency functions including fire-
fighting, police, medical and health, welfarei rescue,
engineering, transportation, communications, and
warning services, evacuation of persons from stricken
areas, plant protection, restoration of utility ser-
vices, and other functions relating to civilian protec-
tion together with all activities necessary or
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incidental to the preparation for and carrying out of
such functions.
Ordinance No. 3957
Page Three
2/8/84, 4/4/84
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4. Requirements for department operation including manage-
ment succession, procedures for providing twenty-four
hour capability, mobilization procedures, special
disaster response procedures, plans for records protec-
tion, personnel procedures, finance plans, and training
procedures for disaster response.
C. Provide cooperation and coordination with the disaster response
plans of other local organizations and agencies.
D. Prepare and recommend to the mayor plans for mutual aid opera-
tions with the state and political subdivisions thereof.
E. Recommend expenditures for disaster preparations and training.
A majority of the commission 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 commission.
Section 5. COORDINATOR OF EMERGENCY SERVICES - OFFICE CREATED -
POWERS AND DUTIES GENERALLY.
A. There is created the office of coordinator of emergency services.
Such officer shall be appointed by the mayor.
B. The coordinator is empowered and directed to:
1. Prepare an emergency services operating plan for the
city conforming to the county and state emergency ser-
vices plan and program.
2. Control and direct the effort of the emergency, services
organization of this city for the accomplishment of the
purposes of this chapter.
3. Direct coordination and cooperation be tween divisions,
services and staff of the emergency services organiza-
tion of this city, and resolve questions of authority
and responsibility that may arise between them.
Ordinance No. 3957
Page Four
2/8/84, 2/28/84 Page Four Only
4/4/84
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4. Represent the emergency services organization of this
city in all dealings with public or private agencies
pertaining to emergency services.
Section 6. COORDINATOR OF EMERGENCY SERVICES - DISASTER POWERS.
In the event of disaster as provided in this chapter, the coordinator
is empowered to:
A. 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
Services Advisory Commission.
B. 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. 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, command the aid of as many citizens of this com-
munity 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
services workers.
D. Execute all of the special powers conferred upon him by this
26 chapter or by resolution adopted pursuant to this chapter, all
27 powers conferred upon him by statute, agreement approved by the
28 Emergency Services Advisory Commission or by any other lawful
29 authority.
30 E. Requisition necessary personnel or material of any city depart-
31 ment or agency.
32 -----------------------------
Ordinance No. 3957
Page Five
2/8/84, 4/4/84
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Section 7. PROCLAMATION OF CIVIL EMERGENCY.
A. Whenever riots, unlawful assembly, insurrection, other distur-
bance, the imminent threat thereof, or any fire, flood, storm,
earthquake, or other natural catastrophe or disaster occurs in
the city and results in, or threatens to result in, the death or
injury of persons or the destruction of property or the disrup-
tion of local government to such extent as to require, in the
judgment of the mayor, extraordinary measures to prevent the
death or injury of persons, and to protect the public peace,
safety and welfare, and alleviate damage, loss, hardship or suf-
fering, the mayor shall forthwith proclaim in writing the
existence of a civil emergency at which time the civil emergency
shall be deemed to exist.
B. Such civil emergency shall cease to exist upon the issuance of a
proclamation by the mayor terminating the same. Such proclama
tion shall be issued by the mayor when such extraordinary
measures are no longer required for the protectio of the public
peace, safety, and welfare.
C. Any such proclamation by the mayor shall at the earliest prac-
ticable time, be presented to the City council for ratification
and confirmation, modification, or rejection, and if rejected,
shall thereafter be void.
Section 8. AUTHORITY OF MAYOR TO ISSUE CERTAIN ORDERS.
Upon the proclamation of a civil emergency by the mayor, and during
the existence of such civil emergency, the mayor may make and proclaim any
or all of the following orders:
A. 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 deems necessary, which effective hours
and affected area or areas may be modified from time to time.
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32 Ordinance No. 3957
Page Six
2/8/84, 4/4/84
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B. An order requiring any or all business establishments to close
and remain closed until further order.
c. 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
unauthorized seizure, 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.
D. An order requiring the discontinuance of the sale, distribution
or giving away of alcoholic beverages in any or all parts of the
city.
E. An order requiring the discontinuance of the sale, distribution
or giving away of firearms and/or ammunition for firearms and/or
weapons or projectiles capable of injurious or deadly force in
any or all parts of the city.
F. An order requiring the discontinuance of the sale, distribution
or giving away of gasoline or other liquid flammable or com-
bustible products in any container other than a gasoline tank
G.
properly affixed to a motor vehicle.
An order requiring the closure of any or all business eS,tablish-
ments 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
unauthorized seizure, the portions thereof utilized for the sale
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of items other than firearms and ammunition may, in the discre-
tion of the mayor, be allowed to remain open.
Ordinance No. 3957
Page Seven
2/8/84T 4/4/84
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H. An order closing to the public any or all public places
including, but not limited to, public ways, schools, parks, amu-
sement areas, and public buildings.
I. An order prohibiting the carrying or possession of a firearm or
any instrument which is capable of producing bodily harm and
which is carried or possessed with intent to use the same to
cause such harm, provided that any such order shall not apply to
peace officers or military personnel engaged in the performance
of their official duties.
J. An order requesting federal and/or state assistance in combating
such civil emergency.
K. An order establishing economic controls in aid of and supplemen-
tary to and consistent with federal orders relating to price
stablization or controls including: the convening and
establishing of ration boards, auditing retail and wholesale
ration accounts, monitoring price control operations and
reporting violations to appropriate authorities, assisting in
providing essential supplies to disaster victims, advising
appropriate authorities concerning rationing, price control, wage
and rent controls and allocation of food and other essential com-
modities.
L. An order directing the use of all public and private health,
medical, and convalescent facilities and equipment to prQvide
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emergency health and medical care for injured persons.
M. 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.
N. An order providing for the evacuation and reception of the popu-
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lation of the city or any part thereof.
Ordinance No. 3957
Page Eight
2/8/84, 4/4/84
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O. Such other orders as are imminently necessary for the protection
of life and property, and
Section 9. AUTHORITY OF MAYOR TO ENTER INTO CONTRACTS AND INCUR
OBLIGATIONS.
A. Upon the proclamation by the mayor of a civil emergency resulting
from a disaster caused by fire, flood, storm, earthquake, or
other natural causes, or by civil disturbance, or by enemy
attack, sabotage, or other hostile action; and during the
existence of such civil emergency, the mayor, in carrying out the
provisions of RCW Chapter 38.52, 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 pro-
perty, and provide emergency assistance to the victims of such
disaster. Such powers shall be exercised in the light of the
exigencies of the situation without regard to time-consuming pro-
cedures and formalities prescribed by ordinance (excepting man-
datory 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 obliga-
tions, the employment of temporary workers, the rental of equip-
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ment, the purchase of supplies and materials, the levying of
taxes, and the appropriation and expenditures of public ,funds,
provided that the mayor 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 appropriate
legislation including:
1. Findings by resolution with respect to actions taken.
Ordinance No. 3957
Page Nine
2/8/84, 4/4/84
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2. Authorization of payment for services, supplies, equip-
ment loans and commandeered property used during
disaster response activities.
3. Approval of donations, grants or loans accepted by the
mayor during the emergency.
4. Levy of taxes to meet costs of disaster response and
recovery operation.
B. The Finance Director, or emergency interim successor shall be
authorized to draw and to pay the necessary warrants for expen-
ditures made pursuant to this section.
Section 10. USE OF SERVICES AND EQUIPMENT OF MUNICIPALITIES AND
CITIZENS.
13 In addition to and/or in connection with the exercise of the powers
14 specified in Sections 8 and 9, the mayor shall in accordance with RCW
15 Chapter 38.52 and in carrying out the provisions thereof:
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A. Utilize to the maximum extent practicable the services, equip-
ment, supplies and facilities of existing departments, offices,
and agencies of the city, state and other municipal corporations
organized under the laws of the state; and
B. In the event of a disaster and upon the proclamation by the
Governor of the existence of such disaster, command the service
and equipment of as many citizens as the mayor considers
necessary in the light of the disaster proclaimed; provi?ed that
citizens so commandeered shall be entitled during the period of
such service to all privileges, benefits, and immunities as are
provided by RCW Chapter 38.52 and federal and state civil defense
regulations for registered emergency services workers.
Section 11. EMERGENCY PURCHASES OF SUPPLIES.
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Upon the proclamation of a civil emergency by the mayor, and during
the existence thereof, emergency purchases of supplies, materials and
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Ordinance No. 3957
Page Ten
2/8/84, 4/4/84
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1 equipment are authorized to be made in accordance with the following
2 procedure:
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A. Emergency purchasing forms shall be provided by the Finance
Deparatment for use for all emergency purchases or contracting
for supplies, materials or labor during the existence of such
emergency, which forms shall provide for the filling in of
appropriate prescribed information which shall include date and
time of purchase, name and address of supplier, quantity, unit,
description, unit price, and total price of item, name and
appropriate identification number from the identification card of
the person making the purchase, date required and date delivered,
description of use of item, including disaster work order number,
description of disaster work and location of use, and name and
appropriate identification number from the identification card of
the person receiving the item.
B. An identification card shall be used in all cases to verify that
the purchaser is authorized by the city to make emergency
purchases.
C. A log of all purchases made during any emergency shall be main-
tained by each department.
D. The heads of departments using emergency purchase forms shall
account for all costs incurred in making such purchases.
E. Upon termination of the emergency, the heads of departm~nts shall
review all emergency purchase orders issued by their respective
departments, and shall verify and authenticate such orders, and
submit a summary thereof through the purchasing agent to the city
council for authorization of payment.
Section 12. THE FINANCE DEPARTMENT TO REVIEW PURCHASES AND MUTUAL
AID AGREEMENTS.
30 The Finance Department, in cooperation with city departments making
31 purchases or expenditures during the existence of an emergency, shall
32 -----------------------------
Ordinance No. 3957
Page Eleven
2/8/84, 4/4/84
1 review all such purchases or expenditures for potential reimbursement
2 under appropriate state or federal disaster assistance programs or other
3 available state or federal grant funds.
4 The Finance Department shall also review all mutual aid agreements
5 and services received thereunder by the city during any such civil
6 emergency and shall certify the services received and any payment due
7 therefor.
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Section 13. PERSONNEL DEPARTMENT TO REGISTER EMPLOYEES AND
VOLUNTEERS.
All city departments shall be responsible to report to the Personnel
Department all use of volunteers as civil disaster or emergency service
workers. The Personnel Department with the cooperation of city depart-
ments shall be responsible for the registration of city employees and
volunteers as civil disaster or emergency services workers pursuant to RCW
Chapter 38.52 and shall formulate and recommend a plan and program for
compensation and reimbursement of persons so registered.
Section 14. ORGANIZATION-GENERALLY.
All officers and employees of this city, together with those
volunteer forces enrolled to aid them during a disaster, and all groups,
organizations and persons who, by agreement or operation of law, including
persons pressed into service under the provisions of subsection C of
Section 2.75.060, may be charged with duties incident to the protection of
life and property in this city during disaster, shall constitute the
emergency services organization of the city.
Section 15. ORGANIZATION-DIVISIONS, SERVICES AND STAFF.
27 The functions and duties of the city emergency services organization
28 shall be distributed among such divisions, services and special staff as
29 the emergency services advisory commission shall prescribe.
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Ordinance No. 3957
Page Twelve
2/8/84, 4/4/84
1
The emergency services advisory commission shall, upon the adoption
2 of the ordinance codified in this chapter, prescribe the form of organi-
3 zation, the establishment and designation of divisions and services, the
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assignment of functions, duties and powers, the designation of officers
and employees.
Section 16. NOTIFICATION OF GOVERNOR, NEWS MEDIA AND PUBLIC.
The mayor shall cause any proclamation issued by him pursuant to the
authority of this chapter to be delivered to the governor of the state
and, to the extent practicable, to all news media within the city, and
shall utilize such other available means, including public address
systems, as shall be necessary in his judgement, to give notice of such
proclamations to the public.
Section 17. EFFECT ON CURRENT PROVISIONS.
It is the intent of the city council in enacting this Chapter that it
shall be considered a revision of the ordinance repealed by the ordinance
codified herein, and the status of volunteers shall not be affected by
such repeal; nor shall emergency services mutual aid plans and agreements,
rules and regulations or resolutions adopted pursuant to such repealed
ordinance, to the extent they are not in conflict with this ordinance, be
affected by such repeal until amended, modified, or superseded as provided
in this chapter.
Section 18. VIOLATIONS - PENALTY.
25 It is a misdemeanor, punishable by a fine of not to exceed two
26 hundred fifty dollars or by imprisonment for not to exceed three months,
27 or both, for any person during a disaster to:
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A. Willfully obstruct, hinder or delay any member of the emergency
services organization in the enforcement of any lawful rule or
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regulation issued pursuant to this chapter, or in the perfor-
31 mance of any duty imposed upon him by virtue of this chapter;
32 -----------------------------
Ordinance No. 3957
Page Thirteen
2/8/84, 4/4/84
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B. 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 inhabitiants of this city, or to
prevent, hinder or delay the defense or protection thereof.
c. Wear, carry or display, without authority, any means of iden-
tification specified by the State Department of Emergency
Services."
Section 3. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
1 eg i slat ion.
Section 4. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
ATTEST:
INTRODUCED: APRIL 16, 1984
PASSED: APRIL 16, 1984
APPROVED: APRIL 16, 1984
/7
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MAYOR
PUBLI SHED:
:diL
APRIL 22, 1984
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Ordinance No. 3957
Page Fourteen
2/8/84, 4/4/84