ORD 2437 ORDINANCE NO . t572
AN ORDINANCE relating to emergency management by
replacing Ordinance No . 2170 with a revised and updated
emergency management ordinance .
WHEREAS , the existing emergency management ordinance of the city has not been
updated substantively and fully since 1998 and is in need of revision in light of changes in state
and federal emergency management and disaster assistance law ; and
WHEREAS , Washington State Constitution Article 11 , Section 11 , grants cities the same
police power as is granted to the state itself, except as restricted by statute ; and
WHEREAS , RCW 3 5A . 12 . 100 , designates the mayor for cities with a MAYOR-
COUNCIL form of government as the executive head of the city for purposes emergency
management planning and disaster response and also confers on the Mayor the emergency
powers provided for in Ch . 3 8 . 52 RCW ; and
WHEREAS , pursuant to Ch . 3 8 . 52 RCW , the City of Camas has entered into an
interlocal agreement with Clark Regional Emergency Services Agency ( CRESA) to assist local
jurisdictions and agencies prepare for , respond to , and recover from major emergencies and
disasters ; and
WHEREAS , it is in the best interests of the citizens of the City of Camas that its
emergency management ordinance be revised to clarify the authority and powers of its officers in
emergency or disaster situations of local , regional , and national scope and to ensure that
emergency management functions are coordinated to the maximum extent with local , regional ,
and national agencies to the end that the most effective preparation and use may be made of the
city' s resources in dealing with any emergency or disaster that may occur .
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS
Section I
Ordinance No . 2170 adopted in 1998 is hereby repealed .
Section II
Chapter 8 . 56 of the Camas Municipal Code is amended to provide as set forth in Exhibit
" A " , attached hereto and by this reference incorporated herein .
Ordinance No . Page - 2
Section III
This ordinance shall take force and be in effect five ( 5 ) days from and after its publication
according to law .
PASSED by the Council and APPROVED by the Mayor this (�d of
2006 .
SIGNED : elaw
,
ayor
ATTEST :
tier]
APPROV as to
City Atto e
Ordinance No . Page - 3
EXHIBIT " A "
Chapter 8 . 56
EMERGENCY MANAGEMENT
Sections .
8 . 56 . 010 Purpose and declaration of policy .
8 . 56 . 020 Definitions ,
8 . 56 . 030 Administration .
8 . 56 . 040 Designation of the Mayor as executive head for emergency services of the city .
8 . 56 . 050 Continuity of Government .
8 . 56 . 060 General duties of director of emergency management .
8 . 56 . 070 Declaration of emergency .
8 . 56 . 080 Notice of declarations of emergency and emergency orders .
8 . 56 . 090 Authorized emergency orders .
8 . 56 . 100 Emergency powers under governor ' s declaration of emergency or disaster.
8 . 56 . 110 Violations of emergency proclamation , rule or order — penalties .
8 . 56 . 120 Continuance of existing agreements .
8 . 56 . 130 General duty only .
8 . 56 . 140 Severability .
8 . 56 . 010 Purpose and declaration of policy
The purpose of this ordinance is to establish a local emergency management organization and set
out and clarify the authority of the city and of its officers with regard to local , regional and
national emergency and disaster situations . It is intended , in conformity with Article 11 , Section
11 , of the Washington State Constitution and with Chapter 3 8 . 52 RCW , to grant the broadest
power permitted by constitutional and statutory authority to preserve the public health , safety and
welfare .
8 . 56 . 020 Definitions .
When used in this ordinance , the following words , terms and phrases , and their derivations , shall
have the meanings ascribed to them in Chapter 38 . 52 RCW and this Section, except where the
context clearly indicates a different meaning :
" Executive head " means the person designated by state law and this ordinance as the head
of city government for emergency and disaster management pursuant to Ch . 3 8 . 52 RCW .
" Major Emergency or Disaster " means an event or set of circumstances which :
PAGE
Ordinance No . Page - 4
( a) Demands immediate action to preserve public health , protect life , protect
public property, or to provide relief to any stricken community overtaken
by such occurrences , or
(b ) Reaches such dimension or degree of destructiveness as to warrant the
governor declaring a state of emergency pursuant to RCW 43 . 06 . 010 .
8 . 56 . 030 Administration .
Clark Regional Emergency Services Agency ( CRESA) , a separate legal entity authorized by the
Interlocal Cooperation Act in the State of Washington, shall be the agent of the city to assist in
the operations of emergency management and shall submit to the Executive Head for its review
and consideration , a budget for the support of such activities . Specific responsibilities of Clark
Regional Emergency Services Agency shall be as described by the Clark Regional Emergency
Services Agency Interlocal Cooperation Agreement .
8 . 56 . 040 Designation of the Mayor as executive head for emergency services of the city .
The Mayor or designee shall serve as the Executive Head of the city for purposes of emergency
management pursuant to Ch . 3 8 . 52 RCW .
8 . 56 . 050 Continuity of government .
In the event the Mayor is unavailable to exercise the powers and discharge the duties of the chair
described in this chapter , the Mayor pro tempore or designee , who is available shall act as the
interim executive head sub j ect to City Council confirmation , modification , or rejection as soon as
practicable .
8 . 56 . 060 General duties of the director of emergency management.
The director of Clark Regional Emergency Services Agency shall :
( a) Administer emergency management activities to assist the city in the mitigation ,
preparedness , response , and recovery from major emergencies and disasters .
(b ) Advise in the preparation and implementation of the city' s comprehensive emergency
management plan .
( c ) Submit an annual program paper to the city regarding the previous year ' s performance
and subsequent year ' s plans regarding emergency management objectives .
( d) Assist the Executive Head or alternate in the issuance of declarations of an
emergency pursuant to Camas Municipal Code 8 . 56 . 070 .
( e) Request that the governor proclaim a state of emergency or disaster when in the
opinion of the Executive Head , the resources of the city, area or region are inadequate to cope
with the emergency or disaster .
( f) Assist the Executive Head with coordination and cooperation between departments ,
divisions , services , and staff in carrying out the provisions of the emergency management plan,
and to resolve questions of authority and responsibility that may arise among them .
( g) Act in coordination with the state and other governmental agencies to plan and
implement joint jurisdictional planning and disaster services plans and mutual aid agreements .
(h) Consult with the city attorney in planning and exercise of emergency powers .
Ordinance No . Page - 5
(i) Submit to the Mayor for review and consideration, the city ' s contribution to the cost of
a joint local emergency management organization upon a fair and equitable basis .
8 . 56 . 070 Declaration of emergency .
( a) Whenever an emergency, or the imminent threat thereof, occurs in the city and results
in , or threatens to result in the death or injury of persons or the destruction of or damage to
property to such extent as to require , in the j udgment of the Executive Head , extraordinary and
immediate measures to protect the public health, safety and welfare , the Executive Head shall
forthwith :
( 1 ) If the City Council is in session , request the Council to declare the
existence or threatened existence of an emergency ; or
(2 ) If the City Council is not in session , issue such declaration , subject to
Council ratification and confirmation , modification or rejection as soon as
practicable .
( 3 ) Declarations of emergency issued by the Executive Head shall be
presented as soon as practical to the City Council for ratification and
confirmation , modification or rejection . Declarations which are rejected
shall , after vote , be void . Declarations shall be considered in full force and
effect until the Council shall act .
(b ) Such declaration of emergency may be in addition to or as an alternative to the
proclamation of state of emergency by the governor .
( c) The Executive Head shall terminate the declaration of emergency when order has
been restored in the affected area of the county .
8 . 56 . 080 Notice of declarations of emergency and emergency orders .
When practical , the Executive Head shall consult with the Director of Emergency Management
on the need for and development of the declaration of emergency or emergency order . The
Executive Head shall cause any declaration of emergency or emergency order issued by pursuant
to the authority of this chapter to be delivered to the Director of Emergency Management , state
emergency management , and the governor . The Executive Head or alternate shall use available
means as shall be necessary in his or her judgment to give notice of such declarations . Such
declarations and orders shall be filed with the City Clerk as soon as practical .
8 . 56 . 090 Authorized emergency orders .
(a) Upon the declaration of an emergency, and during the existence of such emergency , the
Executive Head , may make and proclaim any or all of the following orders and delegate
enforcement authority therefore to law enforcement officers and designated emergency
personnel :
( 1 ) 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 it deems
necessary, and from time to time to modify the hours such curfew will be in effect
and the area or areas to which it will apply ;
(2 ) Order requiring any or all business establishments to close and remain closed until
further order ;
( 3 ) Order closing to the public any or all public places including streets , alleys , public
ways , schools , parks , beaches , amusement areas , and public buildings ;
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Ordinance No . Page - 6
(4 ) Order requiring the closure of any or all bars , taverns , liquor stores , and other
business establishments where alcoholic beverages are sold or otherwise
provided that with respect to those business establishments which are
dispensed ,
not primarily devoted to the sale of alcoholic beverages and in which such
alcoholic beverages may be removed or made secure from possible seizure by the
public , the portions thereof utilized for the sale of items other than alcoholic
beverages may , in the discretion of the Executive Head , be allowed to remain
open ;
( 5 ) Order requiring the discontinuance of the sale , distribution or giving away of
alcoholic beverages in any or all parts of the city ;
( 6 ) Order requiring the discontinuance of the sale , distribution or giving away of
firearms and/or ammunition for firearms in any or all parts of the city ;
( 7 ) Order requiring the discontinuance of 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 ;
( 8 ) Order requiring the closure of any or all business establishments where firearms
and/or ammunition for firearms are sold or otherwise dispensed , provided , that
with respect to those business establishments which are not primarily devoted to
the sale of firearms and/or ammunition and in which such firearms and/or
ammunition may be removed or made secure from possible seizure by the public ,
the portions thereof utilized from the sale of items other than firearms and
ammunition may, in the discretion of the Executive Head , be allowed to remain
open ;
( 9 ) Order prohibiting the carrying or possession of firearms or any instrument which
his 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 ;
( 10 ) Order prohibiting undue inflationary pricing of goods and services with the intent
of maximizing profits as a result of the declared emergency .
( 11 ) Order utilizing existing services and facilities to the maximum extent practicable
notwithstanding any other provision of law, in the event of a disaster, after
proclamation by the governor of the existence of such disaster, to have the power
to command the service and equipment of as many citizens as considered
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 Ch . 38 . 52 RCW and federal and state
emergency management regulations for registered emergency workers .
( 12 ) Such other orders as are imminently necessary for the protection of life and
property .
(b ) Emergency orders shall be presented as soon as practicable to the City Council for
ratification and confirmation , modification or rejection . Orders which are rejected shall , after
vote , be void . Emergency orders shall be considered in full force and effect until the
commissioners shall act .
8 . 56 . 100 Emergency procurements .
(a) Upon declaration of an emergency, and during the existence of such emergency, the
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Ordinance No . Page - 7
Executive Head , alternates as defined in section 8 . 56 . 050 , or the Director of Finance and
Administration , is authorized to make emergency procurements where the city may suffer a
substantial loss or damage to property, bodily injury, or loss of life by reason of the time required
for following the regular purchasing procedures .
(b ) Such authorization for emergency procurement shall be presented to the City Council for
ratification and confirmationmodification ifi
cation or rejection . Emergency procurements shall be
considered in full force and effect until the Council acts .
8 . 56 . 110 Emergency powers under governor ' s proclamation of emergency or disaster.
In addition to or as an alternative to those emergency powers prescribed by this ordinance upon
the declaration of an emergency, the Executive Head or alternate shall have , upon proclamation
of a state of emergency or disaster by the governor pursuant to Ch . 43 . 60 RCW and Ch . 3 8 . 52
RCW , the authority to exercise in behalf of the city all emergency powers set forth in RCW
38 . 52 . 070 (2 ) , including without limitation :
( a) To accept and receive , with the consent of the governor , in behalf of the city,
offers from the federal government of services , equipment , supplies , materials , or
funds by way of gift , grant, or loan , for purposes of emergency management , the
state , acting through the governor .
(b ) In cases where there is damage to the equipment borrowed from other
jurisdictions under a mutual aid agreement , to receive the filing of claims for such
ithin 60 days after the damage is incurred .
damage w
( c) To utilize existing services and facilities to the maximum extent practicable
notwithstanding any other provision of law, in the event of a disaster , after
proclamation by the governor of the existence of such disaster, to have the power
to command the service and equipment of as many citizens as considered
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 Ch . 38 . 52 RCW and federal and state
emergency management regulations for registered emergency workers .
8 . 56 . 120 Violations of emergency proclamation , rule or order — penalties .
Violations of a declaration of emergency issued pursuant to Section 8 . 56 or of a subsequent
r issued pursuant to Section 8 . 56 , or any other order or directive gi
emergency ordeven by a law
enforcement officer or designated emergency services personnel pursuant to authority of such
declaration or orders is a misdemeanor , provided that a second or subsequent offense hereunder
shall be a gross misdemeanor .
8 . 56 . 130 Continuance of existing agreements .
Nothing in this ordinance shall be deemed to affect any existing interlocal agreements entered
into by the city or other cities and towns of Clark County pursuant to Ch . 3 8 . 52 RCW regarding
emergency planning and the giving of mutual aid ; provided that for the purposes of such
agreements , the Mayor shall exercise all powers as executive head of the city under such
agreements in conformity with RCW 38 . 52 . 070 .
8 . 56 . 140 General public duty created .
( a) It is expressly the purpose of this ordinance to provide for and promote the health , safety
and welfare of the general public and not to create or otherwise establish or designate any
particular class or group of persons or individual who will or should be especially
protected or benefited by the terms of this ordinance .
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Ordinance No . Page - 8
(b ) Nothing contained in this ordinance is intended nor shall be construed to create or form
the basis of any liability on the part of the city, or its officers , employees or agents , for
any injury or damage resulting from any action or inaction on the part of the city related
in any manner to the enforcement of this ordinance by its officers , employees or agents .
8 . 56 . 150 Severability .
The provisions of this ordinance are declared to be severable , and if any section , sentence , clause
or phrase of this ordinance shall for any reason be held invalid or unconstitutional or if the
application of this ordinance to any person or circumstances shall be held invalid or
unconstitutional , such decisions shall not affect the validity of the remaining sections , sentences ,
clause or phrases of this ordinance .
EXHIBIT
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