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HomeMy WebLinkAbout6088ORDINANCE N0.6088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 2.75 OF THE AUBURN CITY CODE RELATING TO EMERGENCY SERVICES WHEREAS, the City of Auburn is involved in municipal functions related to its need to respond to emergencies; and WHEREAS, in order to be as ready as possible to respond to emergent circumstances or situations, it is appropriate to modify and update the City's Emergency Services code provisions and to clearly designate the functionaries. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 2.75 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 2.75 EMERGENCY PREPAREDNESS Sections: 2.75.010 Purpose. 2.75.020 Definitions. 2.75.030 Operations 2.75.040 Director of emergency management 2.75.050 Powers 2.75.060 Emergency operations board 2.75.062 Emergency preparedness manager 2.75.064 Emergency management committee 2.75.066 Compensation board 2.75.070 Proclamation of civil emergency. 2.75.080 Authority of mayor to issue certain orders. 2.75.090 Authority of mayor to enter into contracts and incur obligations. 2.75.100 Use of services and equipment of municipalities and citizens. 2.75.110 Emergency purchases of supplies. 2.75.120 Finance department to review purchases and mutual aid Ordinance No. 6088 April 3, 2007 Page 1 of 10 agreements. 2.75.130 Personnel department to register employees and volunteers. 2.75.140 Organization -Generally. 2.75.150 Reserved.2.75.160 Reserved.2.75.170 Effect on current provisions. 2.75.180 Violations -Penalty. 2.75.010 Purpose. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency preparedness and protection of persons and property within this city in the event of a disaster, and to provide for the coordination of the emergency preparedness and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency preparedness 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 of Auburn. Further, this ordinance establishes an emergency management organization for the city of Auburn, pursuant to Chapter 38.52 RCW for the purpose of performing local emergency management functions. (Ord. 3957 § 2(1 ), 1984.) 2.75.020 Definitions. A. Emergency Preparedness. As used in this chapter, the term "emergency preparedness" 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 includes preparation, mitigation, response, and recovery from disasters. It does not include, nor does any provision of this chapter apply to any condition relating to a labor controversy. B. Disasters. As used in this chapter, "disaster" includes in its meaning but is not limited to: extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other "civil emergencies" as defined in ACC 2.75.100, or other similar public calamity. C. Preparation. As used in this chapter "preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, county, state and federal agencies to insure cohesive working relationships and compatible emergency plans. D. Mitigation. As used in this chapter, "mitigation" includes risk analysis, review and identification of hazards both natural and man-made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. E. Response. As used in this chapter, "response" includes the initiation of Ordinance No. 6088 April 3, 2007 Page 2 of 10 warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster. F. Recovery. As used in this chapter, "recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain federal, state and local assistance after disasters. (Ord. 3957 § 2(2), 1984.) 2.75.30 Operations The organization shall operate under the policy guidance of the City of Auburn emergency operations plan which shall include the following operational elements: mission or purpose, organization and responsibilities, concept of operations, administration and logistics, direction and control, and functional descriptions of operational components. (Ord. 4424 § 1, 1990; Ord. 3957 § 2(3), 1984.) 2.75.040 Director of emergency management The organization shall be headed by the director of emergency management. The Mayor shall appoint the chief of police as the director of emergency management. The director shall be directly responsible for the organization, administration and operation of the emergency management organization. The emergency operations plan and any amendments thereto shall be effective when approved by the emergency operations board. (Ord. 4424 § 3, 1990; Ord. 3957 § 2(4), 1984.) 2.75.050 Powers. The organization shall have all powers granted under Chapter 38.52 RCW as now or hereafter amended and as may otherwise be provided by law. (Ord. 3957 § 2(5), 1984.) 2.75.060 Emergency operations board. A. There is created and established an emergency operations board to oversee and provide policy recommendations to the city council during emergency and recovery periods, and to provide policy direction for development and maintenance of the emergency operations plan. During any emergency or disaster, the board shall also oversee and provide direction to the emergency management committee, and shall be chaired by the director of emergency management. B. The emergency operations board shall consist of the following members: 1. Mayor, who shall be the chairperson; 2. Chief of police, who shall be the vice-chairperson; 3. All department heads of the city of Auburn. Ordinance No. 6088 April 3, 2007 Page 3 of 10 C. Each department director shall have specific duties and responsibilities for mitigation, preparedness, response and recovery as provided in the city emergency operations plan and shall ensure that the policies established by the emergency management organization in the plan are implemented within their respective city departments. (Ord. 3957 § 2(6), 1984.) 2.75.062 Emergency preparedness manager. The director or his designee shall appoint an emergency preparedness manager to direct and coordinate development, implementation and maintenance of the emergency operations plan as chairperson of the emergency management committee, to provide coordination with outside agencies and organizations involved in emergency planning, to provide for public education and information, to manage the emergency coordination or operations center during emergencies and to perform such other functions as the director shall designate. 2.75.064 Emergency management committee. The emergency operations board shall appoint an emergency management committee to provide staff support to the emergency preparedness manager and the emergency operations board in the development, implementation, and maintenance of any emergency operations plan, and to staff the emergency operations center and perform any other necessary functions during any emergency or disaster. The committee shall consist of such key city personnel as are designated by the city department directors and approved by the director, and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the emergency preparedness manager. The emergency preparedness manager shall chair the committee. 2.75.066 Compensation Board. There is hereby established a compensation board for the processing of claims arising from emergency management related activities. This board shall function as provided for in the emergency operations plan and guided by applicable state law such as RCW 38.52.210(2) through 38.52.260. The emergency management claims compensation board shall be composed of: the mayor; the director of emergency management; one councilmember selected by the council; the city attorney; the risk manager, the director of finance; and the emergency preparedness manager. The councilmember shall serve as the chair of the compensation board and the director of emergency management shall serve as secretary of the board. 2.75.070 Proclamation of civil emergency. A. Whenever riots, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake, or other natural Ordinance No. 6088 April 3, 2007 Page 4 of 10 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 disruption 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 suffering, 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 proclamation shall be issued by the mayor when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare. C. Any such proclamation by the mayor shall at the earliest practicable time, be presented to the city council for ratification and confirmation, modification, or rejection, and if rejected, shall thereafter be void. (Ord. 3957 § 2(7), 1984.) 2.75.080 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; 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 combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; G. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; Ordinance No. 6088 April 3, 2007 Page 5 of 10 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 of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open; H. An order closing to the public any or all public places including, but not limited to, public ways, schools, parks, amusement 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 state assistance in combating such civil emergency; K. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization 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 commodities; L. 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; 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 population of the city or any part thereof; O. Such other orders as are imminently necessary for the protection of life and property. (Ord. 3957 § 2(8), 1984.) 2.75.090 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 Chapter 38.52 RCW, 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, and provide emergency assistance to Ordinance No. 6088 April 3, 2007 Page 6 of 10 the victims of such disaster. Such powers shall be exercised in the 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, 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; 2. Authorization of payment for services, supplies, equipment 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 expenditures made pursuant to this section. (Ord. 3957 § 2(9), 1984.) 2.75.100 Use of services and equipment of municipalities and citizens. In addition to and/or in connection with the exercise of the powers specified in ACC 2.75.080 and 2.75.090, the mayor shall in accordance with Chapter 38.52 RCW and in carrying out the provisions thereof: A. Utilize to the maximum extent practicable the services, equipment, 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; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits, and immunities as are provided by Chapter 38.52 RCW and federal and state civil defense regulations for registered emergency services workers. (Ord. 3957 § 2(10), 1984.) 2.75.110 Emergency purchases of supplies. Upon the proclamation of a civil emergency by the mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedure: A. Emergency purchasing forms shall be provided by the finance department for use for all emergency purchases or contracting for supplies, Ordinance No. 6088 April 3, 2007 Page 7 of 10 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 maintained 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 departments 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. (Ord. 3957 § 2(11), 1984.) 2.75.120 Finance department to review purchases and mutual aid agreements. The finance department, in cooperation with city departments making purchases or expenditures during the existence of an emergency, shall review all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds. The finance department shall also review all mutual aid agreements and services received thereunder by the city during any such civil emergency and shall certify the services received and any payment due therefore. (Ord. 3957 § 2(12), 1984.) 2.75.130 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 departments shall be responsible for the registration of city employees and volunteers as civil disaster or emergency services workers pursuant to Chapter118-04 WAC. (Ord. 3957 § 2(13), 1984.) 2.75.140 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 Ordinance No. 6088 April 3, 2007 Page 8 of 10 who, by agreement or operation of law, including persons pressed into service under the provisions of ACC 2.75.060(C), 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. (Ord. 3957 § 2(14), 1984.) 2.75.150 Reserved.(Ord. 3957 § 2(15), 1984.)2.75.160 Reserved.(Ord. 3957 § 2(16), 1984.)2.75.170 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 in this chapter, 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 chapter, be affected by such repeal until amended, modified, or superseded as provided in this chapter. (Ord. 3957 § 2(17), 1984.) 2.75.180 Violations -Penalty. It is a misdemeanor, punishable in accordance with ACC 1.24.010, for any person during a disaster to: A. Willfully obstruct, hinder or delay any member of the emergency services 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. 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; C. Wear, carry or display, without authority, any means of identification specified by the Washington State Emergency Management Division. (Ord. 5683 § 4, 2002; Ord. 3957 § 2(18), 1984.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons Ordinance No. 6088 April 3, 2007 Page 9 of 10 or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: MAY 2 1 2007 PASSED: MAY 2 12007 APPROVED: MAY 2 1 2007 ATTEST: G2~~r Dan le E. Daskam, City Clerk APPRO ED ORM• D B. ei City Attorney Published: .Sr".Z~ ~-4'~ 7 TY _/ PETER B. LEWIS MAYOR Ordinance No. 6088 April 3, 2007 Page 10 of 10