HomeMy WebLinkAboutFS 2008-02-05 Item 2A - Ordinance - TMC 2.57 "Emergency Management" Relating to National Incident Command SystemINFORMATIONAL MEMORANDUM
To: Mayor Haggerton
From: Director Emergency Managemend
Date: January 29, 2008
Subject: Tukwila Municipal Code Chapter 2.57 Amendment
Issue:
Update TMC 2.57 to incorporate the requirements of the National Incident Management
System and to institutionalize the utilization of the Incident Command System for all
natural and manmade disasters.
Discussion:
In the past, government action was taken primarily only during a disaster and after a
disaster struck. Today, there is a need for a comprehensive emergency management
system to be in place at local, state, and federal levels that deals effectively with
emergency situations, not only during and after an emergency, but also before it occurs.
Dealing with disasters is a continuous and complex job. Through implementation of
measures aimed at preventing disasters or emergencies before they occur, timely and
adequate response during an actual occurrence, provision of both short and long -term
recovery assistance after the occurrence, lives can be saved and property damage
minimized.
This proposed amendment of TMC Chapter 2.57 incorporates the use of the Incident
Management System (ICS) per the National Incident Management System (NTIMS). It
directs that plans be developed and evaluated for the application of mitigation strategies,
preparation, response, and recovery mechanisms. It recognizes the Mayor's and
Council's establishment of the Emergency Management Coordinator position.
Recommendation:
Forward to Council of the Whole for discussion and the Regular Council for adoption.
Sections:
2.57.010
2.57.020
2.57.030
2.57.040
2.57.050
2.57.060
2.57.070
2.57.080
2.57.090
2.57.100
2.57.110
2.57.120
Chapter 2.57
EMERGENCY MANAGEMENT
Purpose
Definitions
City Council Duties
Emergency Management Council Created Membership
Emergency Management Council's Powers and Duties
Director's Powers and Duties
Disaster Powers of Director
Emergency Management Organization
Departments, Divisions, Services and Staff
Mutual Aid Agreements
Punishment of Violations
No Private Liability
2.57.010 Purpose
The declared purposes of this chapter are to provide for the
preparation and implementation of plans, including mock or
practice exercises; for the emergency management and protection
of persons and property within the City in the event of a
disaster; and to provide for the coordination of 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.
(Ord. 2018 §1 (part), 2003)
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.
(Ord. 2018 §1 (part), 2003)
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 2.57.9 -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.
(Ord. 2018 §1 (part), 2003)
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. All department heads of the City of Tukwila, the
Emergency Management Coordinator, and the City Administrator.
4. A. 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.
(Ord. 2018 §1 (part), 2003)
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 agree-
ments. 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.
(Ord. 2018 §1 (part), 2003)
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 afr Comprehensive E- emergency management
Pplan 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 County and the State Office of
Emergency Management plans and programs. To prepare and
implement the National Incident Management System. Staff is
directed to conduct at least one exercise annually to maintain
proficiency in the use of the plan and to 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. A. 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 recovey 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 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. Submit, upon approval by the City Council of all plans
and programs, including the ordinance codified in
this chapter, the same 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.
(Ord. 2018 §1 (part), 2003)
2.57.070 Disaster Powers of Director
In the event of disaster a is
heeby ampowcrcd to:
1. Make and issue rules and regulations an matters
easonably related to thc protce }ion of lifa and p-re c_rtl ao
affected by such diccctcr; pro d, la—awe such r -es a—d
regulations must Jae—app-f, d-- may the Etc -y Management Ccuncl-
confirmed by the C' at thc earliest practicable
timc.
2. Obtain vital zupplicc, equipment and such ct'_ -e-
propertics found lacking and immediately needed for the
pe- tectior of the life and property of thc people, and bind thc
City for thc fair value thereof, and, if required immediately, to
commandeer thc same for public use.
3. Rcquir-c cme encY scrvicoc af any City office
emp-l-eyec, and to command the aid many citizens of this
Community as he thinkc ne.,_...,a_y in thc c.,ccution of his dutic
such peracac chall be entitled to all privileges benefits a
immunities az c -c prs.idcd by state 2,aw for registered Emergency
defined by Washington Administrative Codc
39).
1. Requisition personnel or material cf any City
depa_tmc__t cr agency.
E. Encc tc all of the apccial pawor confcrrcd by this
chapter cr by resolution adopted pursuant thereto, all pc c
confcrrcd by ctatute, agrccnen -t aprraved by the cy
Management Council, cr by any other lawful authority.
Repealed by Ord. Xxxx [Ord. 2018 $1 (part), 2003]
(Ord. 2018 §1 (part), 2003)
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 2.57.070060 who shall be charged with duties incident to
the protection of life and property in the City during such
disaster, shall constitute the emergency preparedness
organization of the City.
(Ord. 2018 §1 (part), 2003)
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. City Council shall
by rczclution.
B. Prior to t-hc r ado ion. cf resolution t-hc Efftelteney
rcsolutionc,
Management Council shall prepare a plan cctting forth: thc form
e-f erganizatior.; cztablishmcnt and designation of dcparr-r- tmcntc,
divisions and .,e cco; thc assignment of functions, duticz a-ftd crc; and thc designation of office_., u cc; and submit
-'es recommendations to thc City Council.
(Ord. 2018 §1 (part), 2003)
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.
(Ord. 2018 §1 (part), 2003)
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 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.
(Ord. 2018 §1 (part), 2003)
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.
(Ord. 2018 §1 (part), 2003)