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
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April 3, 2007
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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
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April 3, 2007
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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.
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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
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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;
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April 3, 2007
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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
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April 3, 2007
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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,
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April 3, 2007
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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
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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
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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
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