HomeMy WebLinkAboutFS 2011-19-01 Item 2C - Ordinance - Emergency Management Update 4�, ILIA.: 4
City of Tukwila
Jim Haggerton, Mayor
if)-: i 4,7 1
-,9p y. INFORMATIONAL TIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Martin F. Grisham, Emergency Manager
DATE: January 12, 2011
SUBJECT: Emergency Management Ordinance Update
ISSUE
Tukwila Municipal Code Chapter 2.57, "Emergency Management" was last updated by
Ordinance No. 2198 on February 19, 2008. The issue being addressed with this update to the
ordinance is to bring definitions, duties and language in line with state law as found in RCW
38.52.010
DISCUSSION
Section 2.57.060 of the current Emergency Management ordinance assigns the Director of
Emergency Management to "oversee implementation of annual updates of the City's
Comprehensive Emergency Management Plan (CEMP), consistent with the requirements
specified in Chapter 38.52 RCW..." In reviewing the current "Emergency Management
Ordinance, which drives the CEMP, we found discrepancies between our language and the
RCW.
The following list highlights the changes we made;
Updated the purpose (2.57.010) to reflect this change
Changes in the definition section (2.57.020) were done to bring it in harmony with state
definitions.
We gave clarifying wording to the Directors position, taking out words like control and
direct, and replaced with words like oversee and coordinate.
2.57.030 Minor change to City Council Duties
o changed "give advice and consent" to "give input and consent."
o Eliminated #5 regarding mutual aid agreements, as it is covered in item #2
Changed throughout the document, the title of Emergency Management Coordinator, to
Emergency Manager.
2.57.050 changed the structure to bullet format.
2.57.060 Directors Powers and duties
o A) We rewrote this section to allow flexibility in who serves in this position. This
confirms the power of the Mayor to appoint, as it states in RCW 38.52.070(1).
o Replaced words like "control" and "direct" to oversee and coordinate.
No other major changes
109
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to consider this item at the January 24, 2011 Committee of the
Whole meeting and subsequent February 7, 2011 Regular Meeting.
ATTACHMENTS
Ordinance in strike -thru underlined format showing changes
Ordinance in draft form
Ordinance No. 2198
1 1 0 W :12011 Info MemoslEmergencyMgmtOrd.doc
STRIKE -THRU UNDERLINED VERSION
AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.57,
"EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND
REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES;
REPEALING ORDINANCE NO. 2198; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of providing for the
preparation, implementation and updating of emergency management plans, to protect the
health, safety and welfare of persons and property within the City in the event of an
emergency or disaster; and
WHEREAS, TMC Section 2.57.060.B.1 calls for an review and update of the City's
Comprehensive Emergency Management Plan for needed improvements or revisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 2.57 Amended. Tukwila Municipal Code Chapter 2.57 is
hereby amended to read as follows:
CHAPTER 2.57
EMERGENCY MANAGEMENT
Sections:
2.57.010 Purpose
2.57.020 Definitions
2.57.030 City Council Duties
2.57.040 Emergency Management Council Created Membership
2.57.050 Emergency Management Council's Powers and Duties
2.57.060 Director's Powers and Duties
2.57.070 Emergency Manager e e e
2.57.080 Emergency Management Organization
2.57.090 Departments, Divisions, Services, and Staff
2.57.100 Mutual Aid Agreements
2.57.110 Punishment of Violations
2.57.120 No Private Liability
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O
2.57.010 Purpose
The declared purposes of this chapter are to provide for: the preparation and
implementation of emergency --pl -arc, e as; the
event of a disaster; and the coordination of the emergency and disaster response
functions of the City with all othcr public agcncias acted private persons,
corporations and organizations. ---e
management and disaster activities, ;ncluding mutual aid activities and mock or practice
excrcisos- e e e
inhabitants and property of the City.
2.57.020 Definitions
emergency function, 'e C arc primarily
-r-c. !t dn�rn
include, nor does any provision of this chapter apply to, any condition relating to a labor
controversy.
e. e
storm, epidemic, riot, garthquake, enemy attack, c e e e _ec, or
similar public calamity.
«p ••e e e
procedures and policies to prepare for a disaster. It includes coordination with local,
County, State and F=ederal ag ncioc t-- o— i ^curc coh.esivc working relationships and
compatible emergency plans.
4. `Mitigation" includes e e e e
natural and man made, development of strategies to minimize those hazards, and
development of resources u s to respond effectively to risks not controlled 5.
actions necessary to effectively act during a disaster, damago asse "cment and
evaluation, coordination of operations, logistics, and planning activities during a
disaster, and documentation of actions taken during a disaster.
e. "Recovery" includes e
of actions for recovery, coordination of agencies during recovery, documentation of
costs for future recovery of costs, and facilitation of disaster assistance officos 'n
providing the community with efficient mechanisms to obtain Fedora!, State and local
assistance after disasters.
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NEW
2.57.010 Purpose.
Recoanizina the existina and future possibility of the occurrence of disasters in the City
and surroundina regions, the declared purposes of this chapter are: to insure that
preparations of the City will be adeauate to deal with disasters; to protect the public peace.
health and safety and to preserve the lives and property of the people of the City; to provide
for emeraencv manaaement of the City; to confer upon the Mayor and others emeraencv
powers and authority: and to declare that all emeraencv management functions of the City
be coordinated to the maximum extent with other Governmental entities, tribal nations, and
private entities to provide the most effective preparation and use of City staff. resources and
facilities to deal with any disaster or emeraencv situation that may occur.
2.57.020 Definitions.
As used in this chapter, these terms shall be defined as follows:
1. "Disaster' An event. expected or unexpected, in which a community's available
pertinent resources are expended, or the need for resources exceeds availability, and in
which a community underaoes severe dancer, incurring losses so that the social or
economic structure of the community is disrupted and the fulfillment of some or all of the
community's essential functions are prevented.
2. "Emeraencv' A sudden. usually unexpected event that does or could do harm to
people. resources, property, or the environment, that reauires a normal response from
Public Works, Police. Fire or Emeraencv Medical Services. Emeraencies can ranae from
simple localized events that affect a single office or building, to human, natural, or
technoloaical events that damage, or threaten to damaae. local operations.
3. "Emeraencv Manaaemenr' The preparation for and the carrying out of all
emeraencv functions to mitiaate, prepare for. respond to, and recover from emergencies
and disasters. and to aid victims sufferina from iniury or damage, resultina from disasters
caused by all hazards, whether natural, technological or human caused, and to provide
support for search and rescue operations for persons and property in distress.
4. "Emeraencv Worker' Any person registered with the City's Emeraencv
Management Organization under the provision of TMC Section 2.57.080, or any member of
the military, and who holds an identification issued by said organizations, for the purpose of
engaging in authorized emeraencv management activities or any employee of the City or
any subdivision of the City who is called upon to perform emergency management activities.
5. "Hazardous Materials" Materials which. because of their chemical, physical, or
biological nature, pose a potential risk to life, health, environment, or property when
released.
6. "Incident Command System" (ICS) A standardized on -scene emeraencv
management construct specifically designed to provide an intearated organizational
structure that reflects the complexity and demands of sinale or multiple incidents, without
being hindered by iurisdictional boundaries. ICS is the combination of facilities, equipment,
personnel, procedures, and communications operating within a common oraanizational
structure. designed to aid in the manaaement of resources during incidents. It is used for all
kinds of emergencies and is applicable to small as well as larae and complex incidents.
ICS is used by various iurisdictions and functional agencies, both public and private. to
organize field -level incident management operations.
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7. "Mitiaation" Activities providina a critical foundation in the effort to reduce the Toss
of life and property from natural and /or manmade disasters by avoidina or lessenina the
impact of a disaster and providina value to the public by creating safer communities.
Mitigation seeks to fix the cycle of disaster damaae. reconstruction, and repeated damage.
These activities or actions. in most cases. will have a Iona -term. sustained negative effect.
8. "Preparedness" Actions taken in advance of an emeraencv or disaster to develop
operational capabilities and to facilitate an effective response in the event an
emergencv /disaster occurs. Preparedness measures include, but are not limited to.
continuity of aovernment. emeraencv alert systems, emeraencv communications.
emeraencv coordination centers. emeraencv operations plans. emeraencv public
information materials. trainina and exercises. mutual aid aareements. resource
management, response personnel. and warning systems.
9. "RecoverV'
a. Activity to return vital life support systems to minimum operatina standards and
Iona -term activity designed to return life to normal or improved levels, including some form
of economic viability. Recovery measures include, but are not limited to, crisis counselina,
damage assessment. debris clearance. decontamination, disaster application centers,
disaster insurance payments, disaster loans and arants, disaster unemployment assistance,
public information, reassessment of emeraencv plans, reconstruction, temporary housing,
and full -scale business resumption.
b. The extrication, packaging, and transport of the body of a person killed in a
search and rescue incident.
10. "Response" Actions taken immediately before, during, or directly after an
emeraencv or disaster occurs to save lives, minimize damaae to property and the
environment. and enhance the effectiveness of recovery. Response measures include, but
are not limited to. emeraencv plan activation. emeraencv alert system activation,
emeraencv instructions to the public. emergency medical assistance, staffing the
emergency operations center, public official alerting, reception and care, shelter and
evacuation, search and rescue, resource mobilization, and warning systems activation.
2.57.030 City Council Duties.
It shall be the duty of the City Council, consistent with the provisions set forth in TMC
Section 2.57.060, to:
1. Give input and consent to the Mayor regarding appointments made pursuant to
TMC Section 2.57.040.
2. Consider adoption of or ratify emergency management mutual aid plans and
agreements, and such ordinances, resolutions, rules and regulations as necessary to
implement such plans and agreements as are referred to them by the Emergency
Management Council, pursuant to TMC 2.57.050, provided the same or parts thereof are
not inconsistent with this chapter.
3. Approve or ratify, at the earliest possible time after their issuance, rules and
regulations related to the protection of life, environment and property that are affected by a
disaster, such rules and regulations having been made and issued by the Emergency
Management Director pursuant to TMC Section 2.57.060, provided the same or parts
thereof are not inconsistent with this chapter.
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4. Distribute pursuant to resolution the functions and duties of the City's Emergency
Management Organization among the departments, divisions, services and special staff
referred to in TMC Section 2.57.090.
5. Approve mutual aid agreements reference in and pursuant to TMC
2.57.040 Emergency Management Council Created Membership.
The Emergency Management Council is hereby created, and shall consist of the
following:
1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be vice chairperson.
3. City Administrator, all City department heads and the Emeraencv Manager.
4. Such City employees and other citizens with technical expertise in related areas as
may be appointed by the Mayor, with the input and consent of the City Council.
2.57.050 Emergency Management Council's Powers and Duties.
The Emeraencv Manaaement Council shall have the following powers and duties
consistent with the purposes of this chapter:
1. Advise the Mavor and the Director of Emeraencv Management in all matters
Pertaining to City emergency management; appoint such ad hoc committees,
subcommittees and working groups as are required to develop specific recommendations
for the improvement of emergency management practices, standards. policies or
procedures.
2. Ensure the Mavor receives an annual assessment of Citywide emergencv
preparedness. including but not limited to, specific progress on hazard mitigation and
reduction efforts. implementation of seismic safety improvements, reduction of flood
hazards and coordination of hazardous materials planning and response activities.
3. Review administrative rules Governing Citv emergency management practices and
recommend necessary revisions to the Director of Emeraencv Manaaement.
4. Meet regularly. as called by the chairperson or, in his /her absence from the City or
inability to call such meeting. the vice chairperson.
2.57.060 Director's Powers and Duties
A. The position of Director of Emergency Management "Director is herby created.
The Mayor, pursuant to RCW 38.52.070 (1), appoints the Director of Emergency
Management. In the absence of the Director of Emergency Management, the Mayor shall
appoint a temporary Director until the Director returns, or a replacement is found.
B. The Director or his/her designee shall have the following powers and duties
consistent with the purposes of this chapter:
1. Responsible for the organization, administration, and operation of emergency
management in the City, subiect to the direction and control of the Mavor.
2. Oversee implementation of and annual updates to the Citv's Comprehensive
Emergency Management Plan "the Plan consistent with the requirements specified in
Chapter 38.52 RCW, and coordinated with other state and county plans and programs;
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ensure compliance with the National Incident Manaaement System and ensure operation
and maintenance of the City's ICS: coordinate with the Emeraencv Management Council to
conduct at least one tabletop exercise annually and one full scale exercise every 3 to 5
years to maintain proficiency in the use of the Plan.
3. Coordinate efforts of the Emeraencv Management Organization of the City for
the accomplishment of the pu rposes of this chapter.
4. Coordinate efforts between departments. divisions, services. and staff of the
Emergency Management Organization of the City. and resolve questions of authority and
responsibility that may arise between them.
5. Represent the Emeraencv Management Organization of the City in dealings
with public or private agencies pertaining to emergency management and response to
emergencies and disasters.
6. Coordinate the ongoing development and evaluation of emergency plans
concerning the application of mitigation strategies, preparation, response, and recovery
mechanisms. and include such in the City's emeraencv management activities with various
federal, state, tribal, and local governments. nongovernmental organizations (NGOs), and
the private sector: conduct and evaluate testing of emergency plans; and preside over and
auide interdepartmental emeraencv management planning committees that may be created
by the Emeraencv Management Council.
7. Coordinate development and presentation of rules and regulations to the
Emeraencv Management Council that will assist in efforts to reasonably protect life,
environment. and property during an emeraencv or disaster.
8. Prepare for the Mayor's signature any proclamation of local emergency and,
upon approval, submit it to federal, state, regional, and local agencies as required. This
proclamation authorizes the City to take necessary measures to combat a disaster; protect
persons, environment and property, and provide emergency assistance to victims of the
disaster; and exercise powers authorized in RCW 38.52.070. These include, but are not
limited to, rationing; curfew; and waiver of requirements pertaining to budget law limitations,
competitive bidding processes, publication of notices, provisions to the performance of
public work, entering into contracts, incurring 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. Such proclamation must be
confirmed and ratified by the City Council, as soon as is reasonably practical, and provided
the purposes of any such proclamation are consistent with the purposes of this chapter.
9. As required by state law and upon approval by the Mayor and the City Council.
submit all plans and programs for State review and certification.
10. Coordinate the services and resources of volunteers, provided that volunteers
so directed shall be entitled during the period of such service to all privileges. benefits and
immunities as are provided by state law and federal and state emeraencv management
regulations for registered emeraencv workers.
11. Execute all the special powers conferred by this chapter or by resolution
adopted pursuant thereto. and all powers conferred by statute, by agreement approved by
the Emergency Management Council. or by any other lawful authority.
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2.57.070 Emergency Manager.
The Emergency Management Coordinator Manager (EM) is a full -time position that
reports to the Director of Emergency Management. As part of the position's responsibilities,
the EM will ensure the Comprehensive Emergency Management Plan and its supporting
procedures are reviewed and updated annually; an education and training program is
developed and implemented in emergency management tasks for City employees,
residents and businesses; and periodic training and exercises are conducted pursuant to
TMC Section 2.57.060.
2.57.080 Emergency Management Organization.
All officers and elected officials employees of the City, together with those citizens
enrolled to aid them during a disaster, and all groups, organizations and persons who may,
by agreement or operation of law, including persons pressed into service under the
provisions of TMC Section 2.57.060 who shall be charged with duties incident to the
protection of life, environment and property in the City during such disaster, shall constitute
the Emergency Management Organization of the City.
2.57.090 Departments, Divisions, Services, and Staff.
The functions and duties of the City's Emergency Management Organization shall be
distributed among such departments, divisions, services and special staff as the Director of
Emergency Management shall direct.
2.57.100 Mutual Aid Agreements.
The Mayor shall have the power to sign, on behalf of the City and the Emergency
Management Council, mutual aid agreements with other governmental entities, tribal
nations and non governmental entities that have been approved by the City Council. All
previous mutual aid agreements that have been signed by the Mayor are hereby confirmed
and ratified, provided the same or parts thereof are not inconsistent with this chapter.
2.57.110 Punishment of Violations.
It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person,
during a disaster, to:
1. 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 by virtue of this chapter.
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if the act is of such a nature as to give or be likely to give assistance to the enemy,
or to encourage or assist in theft of or endanger property of inhabitants of the City, or to
prevent, hinder or delay the defense or protection thereof.
3. Wear, carry or display, without authority, any means of identification specified by
the State Department of Emergency Management.
4. In any manner loot or carry off any items of value during an emergency and /or
disaster or its aftermath.
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2.57.120 No Private Liability
No individual, firm, association, corporation or other party, or their successors in
interest. or the agents or employees of any of them. ownina, 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 the building or premises for the purpose of sheltering persons, property
and /or animals during an actual or impending emergency or disaster, or during a game, full
scale exercise or any other training type event. shall be subiect to Ieaal liability for damage
to pror ertv or injury or death to any persons or animals while in or upon the building or
premises for the purposes expressed above. All legal liability for damage to property or
injury or death to persons or animals 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.
Section 2. Repealer. Ordinance No. 2198 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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D AFS AN ORDINANCE OF THE CITY C THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.57,
"EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND
REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES;
REPEALING ORDINANCE NO. 2198; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of providing for the
preparation, implementation and updating of emergency management plans, to protect the
health, safety and welfare of persons and property within the City in the event of an
emergency or disaster; and
WHEREAS, TMC Section 2.57.060.B.1 calls for an review and update of the City's
Comprehensive Emergency Management Plan for needed improvements or revisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 2.57 Amended. Tukwila Municipal Code Chapter 2.57 is
hereby amended to read as follows:
CHAPTER 2.57
EMERGENCY MANAGEMENT
Sections:
2.57.010 Purpose
2.57.020 Definitions
2.57.030 City Council Duties
2.57.040 Emergency Management Council Created Membership
2.57.050 Emergency Management Council's Powers and Duties
2.57.060 Director's Powers and Duties
2.57.070 Emergency Manager
2.57.080 Emergency Management Organization
2.57.090 Departments, Divisions, Services, and Staff
2.57.100 Mutual Aid Agreements
2.57.110 Punishment of Violations
2.57.120 No Private Liability
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2.57.010 Purpose.
Recognizing the existing and future possibility of the occurrence of disasters in the City and
surrounding regions, the declared purposes of this chapter are: to insure that preparations
of the City will be adequate to deal with disasters; to protect the public peace, health and
safety and to preserve the lives and property of the people of the City; to provide for
emergency management of the City; to confer upon the Mayor and others emergency
powers and authority; and to declare that all emergency management functions of the City
be coordinated to the maximum extent with other governmental entities, tribal nations, and
private entities to provide the most effective preparation and use of City staff, resources and
facilities to deal with any disaster or emergency situation that may occur.
2.57.020 Definitions.
As used in this chapter, these terms shall be defined as follows:
1. "Disaster" An event, expected or unexpected, in which a community's available
pertinent resources are expended, or the need for resources exceeds availability, and in
which a community undergoes severe danger, incurring losses so that the social or
economic structure of the community is disrupted and the fulfillment of some or all of the
community's essential functions are prevented.
2. "Emergency' A sudden, usually unexpected event that does or could do harm to
people, resources, property, or the environment, that requires a normal response from
Public Works, Police, Fire or Emergency Medical Services. Emergencies can range from
simple localized events that affect a single office or building, to human, natural, or
technological events that damage, or threaten to damage, local operations.
3. "Emergency Management' The preparation for and the carrying out of all
emergency functions to mitigate, prepare for, respond to, and recover from emergencies
and disasters, and to aid victims suffering from injury or damage, resulting from disasters
caused by all hazards, whether natural, technological or human caused, and to provide
support for search and rescue operations for persons and property in distress.
4. "Emergency Worker" Any person registered with the City's Emergency
Management Organization under the provision of TMC Section 2.57.080, or any member of
the military, and who holds an identification issued by said organizations, for the purpose of
engaging in authorized emergency management activities or any employee of the City or
any subdivision of the City who is called upon to perform emergency management activities.
5. "Hazardous Materials" Materials which, because of their chemical, physical, or
biological nature, pose a potential risk to life, health, environment, or property when
released.
6. "Incident Command System" (ICS) A standardized on -scene emergency
management construct specifically designed to provide an integrated organizational
structure that reflects the complexity and demands of single or multiple incidents, without
being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment,
personnel, procedures, and communications operating within a common organizational
structure, designed to aid in the management of resources during incidents. It is used for all
kinds of emergencies and is applicable to small as well as large and complex incidents.
ICS is used by various jurisdictions and functional agencies, both public and private, to
organize field -level incident management operations.
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7. "Mitigation" Activities providing a critical foundation in the effort to reduce the Toss
of life and property from natural and /or manmade disasters by avoiding or lessening the
impact of a disaster and providing value to the public by creating safer communities.
Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage.
These activities or actions, in most cases, will have a long -term, sustained negative effect.
8. "Preparedness" Actions taken in advance of an emergency or disaster to develop
operational capabilities and to facilitate an effective response in the event an
emergency /disaster occurs. Preparedness measures include, but are not limited to,
continuity of government, emergency alert systems, emergency communications,
emergency coordination centers, emergency operations plans, emergency public
information materials, training and exercises, mutual aid agreements, resource
management, response personnel, and warning systems.
9. "Recover/
a. Activity to return vital life support systems to minimum operating standards and
long -term activity designed to return life to normal or improved levels, including some form
of economic viability. Recovery measures include, but are not limited to, crisis counseling,
damage assessment, debris clearance, decontamination, disaster application centers,
disaster insurance payments, disaster loans and grants, disaster unemployment assistance,
public information, reassessment of emergency plans, reconstruction, temporary housing,
and full -scale business resumption.
b. The extrication, packaging, and transport of the body of a person killed in a
search and rescue incident.
10. "Response" Actions taken immediately before, during, or directly after an
emergency or disaster occurs to save lives, minimize damage to property and the
environment, and enhance the effectiveness of recovery. Response measures include, but
are not limited to, emergency plan activation, emergency alert system activation,
emergency instructions to the public, emergency medical assistance, staffing the
emergency operations center, public official alerting, reception and care, shelter and
evacuation, search and rescue, resource mobilization, and warning systems activation.
2.57.030 City Council Duties.
It shall be the duty of the City Council, consistent with the provisions set forth in TMC
Section 2.57.060, to:
1. Give input and consent to the Mayor regarding appointments made pursuant to
TMC Section 2.57.040.
2. Consider adoption of or ratify emergency management mutual aid plans and
agreements, and such ordinances, resolutions, rules and regulations as necessary to
implement such plans and agreements as are referred to them by the Emergency
Management Council, pursuant to TMC 2.57.050, provided the same or parts thereof are
not inconsistent with this chapter.
3. Approve or ratify, at the earliest possible time after their issuance, rules and
regulations related to the protection of life, environment and property that are affected by a
disaster, such rules and regulations having been made and issued by the Emergency
Management Director pursuant to TMC Section 2.57.060, provided the same or parts
thereof are not inconsistent with this chapter.
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4. Distribute pursuant to resolution the functions and duties of the City's Emergency
Management Organization among the departments, divisions, services and special staff
referred to in TMC Section 2.57.090.
2.57.040 Emergency Management Council Created Membership.
The Emergency Management Council shall consist of the following:
1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be vice chairperson.
3. City Administrator, all City department heads and the Emergency Manager.
4. Such City employees and other citizens with technical expertise in related areas as
may be appointed by the Mayor, with the input and consent of the City Council.
2.57.050 Emergency Management Council's Powers and Duties.
The Emergency Management Council shall have the following powers and duties
consistent with the purposes of this chapter:
1. Advise the Mayor and the Director of Emergency Management in all matters
pertaining to City emergency management; appoint such ad hoc committees,
subcommittees and working groups as are required to develop specific recommendations
for the improvement of emergency management practices, standards, policies or
procedures.
2. Ensure the Mayor receives an annual assessment of Citywide emergency
preparedness, including but not limited to, specific progress on hazard mitigation and
reduction efforts, implementation of seismic safety improvements, reduction of flood
hazards and coordination of hazardous materials planning and response activities.
3. Review administrative rules governing City emergency management practices and
recommend necessary revisions to the Director of Emergency Management.
4. Meet regularly, as called by the chairperson or, in his /her absence from the City or
inability to call such meeting, the vice chairperson.
2.57.060 Director's Powers and Duties
A. The position of Director of Emergency Management "Director is appointed by the
Mayor, pursuant to RCW 38.52.070(1). In the absence of the Director of Emergency
Management, the Mayor shall appoint a temporary Director until the Director returns, or a
replacement is found:
B. The Director shall have the following powers and duties consistent with the
purposes of this chapter:
1. Responsible for the organization, administration, and operation of emergency
management in the City, subject to the direction and control of the Mayor.
2. Oversee implementation of and annual updates to the City's Comprehensive
Emergency Management Plan "the Plan consistent with the requirements specified in
Chapter 38.52 RCW, and coordinated with other state and county plans and programs;
ensure compliance with the National Incident Management System and ensure operation
and maintenance of the City's ICS; coordinate with the Emergency Management Council to
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conduct at least one tabletop exercise annually and one full scale exercise every 3 to 5
years to maintain proficiency in the use of the Plan.
3. Coordinate efforts of the Emergency Management Organization of the City for
the accomplishment of the purposes of this chapter.
4. Coordinate efforts between departments, divisions, services, and staff of the
Emergency Management Organization of the City, and resolve questions of authority and
responsibility that may arise between them.
5. Represent the Emergency Management Organization of the City in dealings
with public or private agencies pertaining to emergency management and response to
emergencies and disasters.
6. Coordinate the ongoing development and evaluation of emergency plans
concerning the application of mitigation strategies, preparation, response, and recovery
mechanisms, and include such in the City's emergency management activities with various
federal, state, tribal, and local governments, nongovernmental organizations (NGOs), and
the private sector; conduct and evaluate testing of emergency plans; and preside over and
guide interdepartmental emergency management planning committees that may be created
by the Emergency Management Council.
7. Coordinate development and presentation of rules and regulations to the
Emergency Management Council that will assist in efforts to reasonably protect life,
environment, and property during an emergency or disaster.
8. Prepare for the Mayor's signature any proclamation of local emergency and,
upon approval, submit it to federal, state, regional, and local agencies as required. This
proclamation authorizes the City to take necessary measures to combat a disaster; protect
persons, environment and property, and provide emergency assistance to victims of the
disaster; and exercise powers authorized in RCW 38.52.070. These include, but are not
limited to, rationing; curfew; and waiver of requirements pertaining to budget law limitations,
competitive bidding processes, publication of notices, provisions to the performance of
public work, entering into contracts, incurring 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. Such proclamation must be
confirmed and ratified by the City Council, as soon as is reasonably practical, and provided
the purposes of any such proclamation are consistent with the purposes of this chapter.
9. As required by state law and upon approval by the Mayor and the City Council,
submit all plans and programs for State review and certification.
10. Coordinate the services and resources of volunteers, provided that volunteers
so directed shall be entitled during the period of such service to all privileges, benefits and
immunities as are provided by state law and federal and state emergency management
regulations for registered emergency workers.
11. Execute all the special powers conferred by this chapter or by resolution
adopted pursuant thereto, and all powers conferred by statute, by agreement approved by
the Emergency Management Council, or by any other lawful authority.
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2.57.070 Emergency Manager.
The Emergency Manager (EM) is a full -time position that reports to the Director of
Emergency' Management. As part of the position's responsibilities, the EM will ensure the
Comprehensive Emergency Management Plan and its supporting procedures are reviewed
and updated annually; an education and training program is developed and implemented in
emergency management tasks for City employees, residents and businesses; and periodic
training and exercises are conducted pursuant to TMC Section 2.57.060.
2.57.080 Emergency Management Organization.
All officers and employees of the City, together with those citizens enrolled to aid them
during a disaster, and all groups, organizations and persons who may, by agreement or
operation of law, including persons pressed into service under the provisions of TMC
Section 2.57.060 who shall be charged with duties incident to the protection of life,
environment and property in the City during such disaster, shall constitute the Emergency
Management Organization of the City.
2.57.090 Departments, Divisions, Services, and Staff.
The functions and duties of the City's Emergency Management Organization shall be
distributed among such departments, divisions, services and special staff as the Director of
Emergency Management shall direct.
2.57.100 Mutual Aid Agreements.
The Mayor shall have the power to sign, on behalf of the City and the Emergency
Management Council, mutual aid agreements with other governmental entities, tribal
nations and non governmental entities that have been approved by the City Council. All
previous mutual aid agreements that have been signed by the Mayor are hereby confirmed
and ratified, provided the same or parts thereof are not inconsistent with this chapter.
2.57.110 Punishment of Violations.
It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person,
during a disaster, to:
1. 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 by virtue of this chapter.
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if the act is of such a nature as to give or be likely to give assistance to the enemy,
or to encourage or assist in theft of or endanger property of inhabitants of the City, or to
prevent, hinder or delay the defense or protection thereof.
3. Wear, carry or display, without authority, any means of identification specified by
the State Department of Emergency Management.
4. In any manner loot or carry off any items of value during an emergency and /or
disaster or its aftermath.
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2.57.120 No Private Liability
No individual, firm, association, corporation or other party, or their successors in
interest, or the agents or employees of any of them, 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 the building or premises for the purpose of sheltering persons, property
and /or animals during an actual or impending emergency or disaster, or during a game, full
scale exercise or any other training type event, shall be subject to legal liability for damage
to property or injury or death to any persons or animals while in or upon the building or
premises for the purposes expressed above. All legal liability for damage to property or
injury or death to persons or animals 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.
Section 2. Repealer. Ordinance No. 2198 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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City of Tukwila
Washington
Ordinance No. 1 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER
2.57, "EMERGENCY MANAGEMENT," UPDATING THE REGULATIONS
TO REFLECT THE ADDITION OF THE CITY'S EMERGENCY
MANAGEMENT COORDINATOR POSITION, AND INTEGRATING THE
USE OF THE INCIDENT COMMAND SYSTEM PER THE NATIONAL
INCIDENT MANAGEMENT SYSTEM; REPEALING ORDINANCE NO.
2018; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of providing for the
preparation and implementation of emergency management plans, to ensure the health,
safety and welfare of its citizens; and
WHEREAS, RCW 38.52.070 requires the City to incorporate the use of the Incident
Command System (ICS) per the National Incident Management System (NIMS);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 2.57 Amended. Tukwila Municipal Code Chapter 2.57, is hereby
amended to read as follows:
CHAPTER 2.57
EMERGENCY MANAGEMENT
Sections:
2.57.010 Purpose
2.57.020 Definitions
2.57.030 City Council Duties
2.57.040 Emergency Management Council Created Membership
2.57.050 Emergency Management Council's Powers and Duties
2.57.060 Director's Powers and Duties
2.57.070 Emergency Management Coordinator
2.57.080 Emergency Management Organization
2.57.090 Departments, Divisions, Services and Staff
2.57.100 Mutual Aid Agreements
2.57.110 Punishment of Violations
2.57.120 No Private Liability
2.57.010 Purpose
The declared purposes of this chapter are to provide for: the preparation and
implementation of emergency plans, including mock or practice exercises; the
emergency management and protection of persons and property within the City in the
event of a disaster; and the coordination 9f the emergency and disaster response
functions of the City with all other public agencies and affected private persons,
corporations and organizations. Any expenditures made in connection with emergency
management and disaster activities, including mutual aid activities and mock or
practice exercises, shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the City.
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2.57.020 Definitions
As used in this chapter, these terms shall be defined as follows:
1. "Emergency Management" 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.
2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire,
flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or
similar public calamity.
3. "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.
4. "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.
5. "Response" includes the initiation of 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.
6. "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.
2.57.030 City Council Duties
It shall be the duty of the City Council under the Emergency Management Program
to:
1. Give advice and consent to the Mayor regarding appointments made pursuant
to TMC 2.57.040.
2. Consider adoption of emergency management mutual aid plans and
agreements, and such ordinances, resolutions, rules and regulation as are necessary to
implement such plans and agreements as are referred to them by the Emergency
Management Council, pursuant to TMC 2.57.050.
3. Approve at the earliest practicable time after their issuance, rules and
regulations reasonably related to the protection of life and property which are affected
by a disaster, such rules and regulations having been made and issued by the
Emergency Management Director pursuant to TMC 2.57.060.
4. Distribute pursuant to resolution the functions and duties of the City's
emergency management organization among the divisions, services and special staff
referred to in TMC 2.57.090.
5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100.
2.57.040 Emergency Management Council Created Membership
The Emergency Management Council is hereby created, and shall consist of the
following:
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1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be Vice chairperson.
3. All department heads of the City of Tukwila, the Emergency Management
Coordinator, and the City Administrator.
4. Such City officials and other citizens with technical expertise in related areas as
may be appointed by the Mayor, with the advice and consent of the City Council.
2.57.050 Emergency Management Council's Powers and Duties
It shall be the duty of the Emergency Management Council, and it is hereby
empowered, to review and recommend for City Council adoption emergency
management and mutual aid plans, and agreements and such ordinances, resolutions,
rules and regulations as are necessary to implement such plans and agreements. The
Emergency Management Council shall meet upon call of the chairperson or, in the
chairperson's absence from the City or inability to call such meeting, upon the call of
the vice chairperson.
2.57.060 Director's Powers and Duties
A. The position of Director of Emergency Management is hereby created. The
Director of Public Works of the City of Tukwila shall serve in such position ex officio.
B. The Director or his /her designee is hereby empowered and directed to:
1. Prepare a Comprehensive Emergency Management Plan for the City,
conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent
possible, the City plan shall be coordinated with the King County and the State Office of
Emergency Management plans and programs; prepare and implement the National
Incident Management System; direct staff to conduct at least one exercise annually to
maintain proficiency in the use of the plan; and review and update the plan annually
for needed improvements or revisions.
2. Control and direct the effort of the emergency management organization of
the City for the accomplishment of the purposes of this chapter.
3. Direct coordination and cooperation between departments, divisions,
services and staff of the emergency management organization of the City, and to
resolve questions of authority and responsibility that may arise between them.
4. Represent the emergency management organization of the City in all
dealings with public or private agencies pertaining to emergency management and
response to disasters.
5. Develop and evaluate emergency plans concerning the application of
mitigation strategies, preparation, response, and recovery mechanisms, and include
such in the City's emergency management activities with various city, county, state, and
federal agencies; conduct and evaluate testing of emergency plans; and preside over
and guide interdepartmental emergency management planning committees that may be
created by the Emergency Management Council.
6. Make appointments to the Emergency Management Council.
7. Make rules and regulations to reasonably protect life, property, and natural
resources during an emergency.
8. Prepare for the Mayor's signature any proclamation of local emergency,
and upon approval transmit it to federal, state, regional, and local agencies. This
proclamation authorizes the City to take necessary measures to combat a disaster;
protect persons, property, and natural resources; provide emergency assistance to
victims of the disaster; and exercise powers authorized in RCW 38.52.070. These
include but are not limited to rationing, curfew, budget law limitations, competitive
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bidding processes, publication of notices, provisions to the performance of public work,
entering into contracts, incurring obligations, employment of temporary workers, rental
of equipment, and purchase of supplies and materials. Such proclamation must be
sustained by the City Council when practical.
9. Upon their approval by the City Council, submit all plans and programs,
including the ordinance codified in this chapter, for State review and certification.
10. Command the service and equipment of as many citizens as considered
necessary in light of the disaster; provided, that citizens so commandeered shall be
entitled during the period of such service to all privileges, benefits and immunities as
are provided by state law and federal and state emergency management regulations for
registered emergency workers.
11. Execute all the special powers conferred by this chapter or by resolution
adopted pursuant thereto, all powers conferred by statute, agreement approved by the
emergency Management Council, or by any other lawful authority.
2.57.070 Emergency Management Coordinator
The Emergency Management Coordinator (EMC) is a full -time position that reports
to the Director of Emergency Management. As part of the position's responsibilities, the
EMC will assure that the Comprehensive Emergency Management Plan and its
supporting procedures are reviewed and updated annually; that an education and
training program is developed and implemented in emergency management tasks for
City employees, residents and businesses; and that periodic training and field exercises
are conducted.
2.57.080 Emergency Management Organization
All officers and employees of the City, together with those citizens enrolled to aid
them during a disaster, and all groups, organizations and persons who may, by
agreement or operation of law, including persons pressed into service under the
provisions of TMC 2.57.060 who shall be charged with duties incident to the protection
of life and property in the City during such disaster, shall constitute the emergency pre-
paredness organization of the City.
2.57.090 Departments, Divisions, Services and Staff
A. The functions and duties of the City emergency management organization shall
be distributed among such departments, divisions, services and special staff as the
Director of Emergency Management shall direct.
2.57.100 Mutual Aid Agreements
The Mayor shall have the power to sign, on behalf of the City and the Emergency
Management Council, mutual aid 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 Mayor are hereby
confirmed and ratified, provided the same or parts thereof are not inconsistent with this
chapter.
2.57.110 Punishment of Violations
It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during
a disaster, to:
1. 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 by virtue of this chapter.
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if the act is of such a nature as to give or be likely to give assistance to the
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enemy, or to encourage or assist in theft of or endanger property of inhabitants of the
City, or to prevent, hinder or delay the defense or protection thereof.
3. Wear, carry or display, without authority, any means of identification specified
by the State Department of Emergency Management.
4. In any manner loot or carry off any items of value during the aftermath of a
disaster.
2.57.120 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 a license or privilege or otherwise permits the City to inspect,
designate and use the whole or any part or parts of the building or premises for the
purpose of sheltering persons during an actual, impending, mock or practice 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 the building or
premises for the purpose of seeking refuge therein during an actual, impending, mock
or practice disaster or test ordered by 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.
Section 2. Repealer. Ordinance No. 2018 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL O) THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 I P day of C') r LACY' N 2008.
ATTEST /AUTHENNyTICATED:
Hagger�y ayor
J E. Cantu, CMC, City Clerk
Filed with the City Clerk: Dc1
APPROVED TO M BY: Passed by the City C9uncil: -1 -0 3-/
Published: /.Z S 08
Effective Date: U8"
O f' of the City ttorney Ordinance Number: 1 q
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