Ordinance 4291ORDINANCE NO. 4291
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON,
AMENDING CHAPTER 6.60 OF THE EDMONDS CITY CODE,
ENTITLED "DISASTER PREPARATION, EMERGENCY
COORDINATION, AND CIVIL EMERGENCIES"
WHEREAS, the City's emergency management and emergency operations code, which is
codified in chapter 6.60 ECC, entitled "Disaster Preparation, Emergency Coordination, and Civil
Emergencies," was last substantially updated in 2020; and
WHEREAS, there are several provisions of chapter 6.60 ECC that should be further
updated to take changed circumstances into account, namely, the disbanding of the Emergency
Services Coordinating Agency (ESCA) and the addition of a safety and disaster coordinator
position for the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 6.60 of the Edmonds City Code, entitled "Disaster Preparation and
Coordination," is hereby amended to read as set forth in Exhibit A, which is attached hereto and
incorporated herein by this reference as if set forth in full (new text is shown in underline and
deleted text is shown in strikethrough).
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
1
ATTEST/AUTHENTICATED :
~A SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY~
JEFFTARADA -
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DA TE:
ORDINANCE NO.
January 20, 2023
January 24 2023
January 27 2023
February 26 2023
4291
2
SUMMARY OF ORDINANCE NO. 4291
of the City of Edmonds, Washington
On the 24th day of January, 2023, the City Council of the City of Edmonds, passed Ordinance No.
4291. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 6.60 OF THE
EDMONDS CITY CODE, ENTITLED "DISASTER
PREPARATION, EMERGENCY COORDINATION, AND CIVIL
EMERGENCIES"
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of January, 2023.
3
( H~_[~_L> J
Chapter 6.60
DISASTER PREPARATION, EMERGENCY
COORDINATION, AND CIVIL EMERGENCIES
Sections:
6.60.010 Purposes.
6.60.020 Definitions.
6.60.030 Emergency operations plan.
6.60.035 Emergency management organization .
6.60.040 Powers and duties of safety and disaster coordinator in preparation
for a disaster.
6.60.050 Authority of safety and disaster coordinator in the event of a
disaster.
6.60.060 Violations.
6.60.065 Temporary replacement of the mayor.
6.60.070 Immunity from private liability.
6.60.080 Proclamation of emergency.
6.60.090 Orders during emergency.
6.60.100 Ratification, confirmation of orders.
6.60 .11 O Publication of proclamation.
6.60.120 Noncompliance with order deemed misdemeanor.
6.60.300 Severability.
6.60.010 Purposes.
The purpose of this chapter is to protect the lives and property of the citizens
of Edmonds in the event of an emergency, disaster, or civil emergency
through planning, training and organization and by authorizing the exercise of
emergency powers as prescribed by RCW 38 .52.070 and the city's home rule
police powers. [Ord. 4177 § 1, 2020; Ord. 2224 § 1, 1981].
6.60.020 Definitions.
A. Emergency or Disaster.
1. "Emergency" or "disaster'' as used in this chapter shall mean an event
or set of circumstances which:
a. Demands immediate action to preserve public health, protect life,
protect public property , protect and preserve the economy , protect
and preserve the environment or to provide relief to any stricken area
within the city overtaken by such occurrences; or
b. Reaches such a dimension or degree of destructiveness or
contagion as to warrant the mayor proclaiming the existence of an
emergency or disaster or the Governor declaring a state of
emergency.
2. The proclamation of an emergency or disaster by the mayor shall be
accompanied simultaneously by:
a. A public proclamation posted on the exterior of all city offices; and
b. The prompt effort to notify all members of the city council and city
department directors , with service modes to include confirmed receipt
via ef telephone call, text message, email, or other electronic means
of communication avai lab le during the event.
B. "Emergency services coordinating agency (ESC,A.)1' is a local government
agency created pursuant to Chapter~ RC\AJ that provides local
emergency management functions for the Edmonds area , including
coordination bet\veen Edmonds and other agencies and organizations for
emergency preparedness and d isaster response .
G 8.-:-"Civil emergency" as used in this chapter shall occur when it appears
that riot, unlawful assembly, insurrection, or the imminent threat thereof
occurs within the confines of the city and results in, or threatens to result in,
the death or injury of persons, or the destruction of property to such extent as
to require, in the mayor's judgment, extraordinary measures to protect the
public peace, safety and welfare. [Ord. 4177 § 1, 2020; Ord. 3196 § 1, 1998].
6.60.030 Emergency operations plan.
The emergency operations plan, to the extent that it does not conflict with this
chapter, shall govern emergency preparedness and disaster response in the
city of Edmonds. The emergency operations plan and any amendments
thereto shall be subject to the approval of the mayor and shall immediately
take effect upon approval by the mayor. [Ord. 4177 § 1, 2020; Ord. 3196 § 2,
1998].
6.60.035 Emergency management organization.
The emergency management organization of the city of Edmonds is created
and shall consist of the following:
A. The mayor, who shall be the administrative head and have direct
responsibility for the organization, administration and operation of the
emergency management organization for the city of Edmonds and direct
responsibility for the disaster operations of departments in the city;
B. The safety and disaster coordinator, or in the safety and disaster
coordinators ab sence , a designee appointed by the mayor, 1.vho shall be
appointed by and be shall be subject to the supervision of the mayor and who
shall be responsible for the administration and operation of the emergency
management organization, including the issuance of recommendations to the
mayor on the amendment and implementation of the emergency operations
plan;
C. The emergency operations board, which oversees and provides policy
recommendation to the city council during disaster and recovery periods and
provides direction for the development and maintenance of the emergency
operations plan. The emergency operations board shall oversee the activities
of and provide direction to the emergency management committee during
major emergencies and disasters . The emergency operations board provides
policy direction for disaster preparedness and mitigation. The mayor shall
serve as chair of the emergency operations board and the disaster
coordinator shall serve as vice-chair. The remaining membership of the
emergency operations board shall be as designated in the emergency
operations plan_~consi st of all city department directors as well a member from
the Port of Edmonds and South Snohomish County Fire and Rescue Regional
Fire Authority. Other members may be added on an "as needed" basis to
assist in the development of th e emergency operations plan.
D. The emergency management committee, which provides staff support,
direction and expertise in development of the emergency operations plan and
all supporting documents. The mayor shall serve as chair of the committee.
The emergency operations plan may also designate the ESCA director as a
co chair of the committee . Other membership in the committee shall be as
designated in the emergency operations plan or by the mayor. [Ord. 4185 § 1,
2020; Ord. 4177 § 1, 2020; Ord. 3196 § 3, 1998].
6.60.040 Powers and duties of safety and disaster coordinator in
preparation for a disaster.
Subject to the direction and control of the mayor, the safety and disaster
coordinator shall be empowered as follows:
A. To have direct responsibility for disaster coordination including, but not
limited to, the organization, administration, and operation of the emergency
management committee, and the resolution of questions of authority and
responsibility arising among the various members of such organization.
B. To draft, review, and recommend disaster preparedness and mutual aid
plans and/or agreements, and such ordinances and resolutions as are
necessary to implement such plans and agreements.
C. To organize and direct the training of the emergency management
committee, including practice drills.
D. To represent the city in all dealings with public and/or private agencies
regarding the provision of disaster services in the event of a disaster.
E. To designate buildings and/or premises as shelters for persons and/or
property in the event of a disaster.
F. To propose rules and regulations on matters reasonably related to the
protection of lives and/or property injured or damaged, or likely to be injured or
damaged, by a disaster. [Ord. 4177 § 1, 2020; Ord. 3196 § 4, 1998; Ord. 2224
§ 1, 1981].
6.60.050 Authority of safety and disaster coordinator in the event of a
disaster.
Subject to the supervision and control of the mayor, the safety and disaster
coordinator shall be empowered during a disaster as follows:
A. To obtain vital supplies, equipment, and such other requirements
necessary for the protection of life and property and to bind the city for the fair
value thereof and if necessary to immediately commandeer the same for
public use. These powers may be exercised in the light of the exigencies of an
extreme emergency situation without regard to time-consuming procedures
and formalities prescribed by law (excepting mandatory constitutional
requirements) including but not limited to budget law limitations, the
requirements of competitive bidding, the publication of notices, entering into
public works contracts, the incurring of obligations, the employment of
temporary workers, the rental of equipment, the purchase of supplies and
materials, and the expenditure of public funds.
B. To requisition necessary personnel and/or material of any city department.
C. At the direction of the mayor, to require the emergency services of any city
officer or employee and, after the Governor has proclaimed that a disaster
exists pursuant to RCW 43 .06 .010 , to command the aid of as many citizens of
this city as necessary, pursuant to RCW 38.52.110 (2); provided, that such
persons shall be entitled to all privileges, benefits and immunities as are
provided by state law for registered emergency services volunteers as
provided in RCW 38.52 .310 . [Ord. 4177 § 1, 2020; Ord. 2224 § 1, 1981].
6.60.060 Violations.
The following offenses shall be punishable as misdemeanors by a fine not to
exceed $500.00 and/or by imprisonment not to exceed 90 days.
A. No person shall willfully obstruct, hinder or delay any member of the
disaster coordination organization in the enforcement of any lawful rule or
regulation issued pursuant to this chapter, or in the performance of any duty
required by this chapter.
B. No person shall wear, carry or display, without authority, any means of
identification as specified by the State Department of Emergency Services
and/or which would be likely to mislead a member of the public into believing
that such person is a member of the disaster coordinating organization. [Ord .
4177 § 1, 2020; Ord. 2224 § 1, 1981].
6.60.065 Temporary replacement of the mayor.
The following elected officials shall, in the order listed, act on behalf of the
mayor, if he/she is unable to carry out his/her duties, in carrying out the
purposes of this chapter or the provisions of the emergency management
plan:
A. The council president;
B. The council president pro tern;
C. The remaining city councilmembers in order of continuous seniority;
provided, that where two councilmembers have the same continuous seniority
on the council, the holder of the lowest numbered position on the council shall
be deemed the more senior of the two. [Ord. 4177 § 1, 2020; Ord. 3196 § 5,
1998].
6.60.070 Immunity from private liability.
There shall be no liability on the part of any person, partnership, corporation ,
the state of Washington or any political subdivision thereof who owns or
maintains any buildings or premises that have been designated by the city of
Edmonds safety and disaster coordinator as a disaster shelter for any injuries
sustained by any person while in or upon said building or premises as a result
of the condition of said building or premises or as a result of any act or
omission, or in any way arising from the designation of such premises as a
shelter, provided such person has entered, gone upon or into said building or
premises for the purpose of seeking refuge therein during a disaster; provided
further, however, that this section shall not apply to the willful acts of such
owner or occupant or his or her servants, agents, or employees. This section
shall also apply to any practice drill authorized pursuant to this chapter. [Ord.
4177 § 1, 2020; Ord. 2224 § 1, 1981].
6.60.080 Proclamation of emergency.
The mayor, or if absent or incapacitated, the president of the city council, the
council president pro tern or senior council member, according to the
guidelines set forth in section 6.60.065 , may proclaim in writing .L the existence
of an emergency or civil emergency. [Ord. 4177 § 1, 2020].
6.60.090 Orders during emergency.
Upon the proclamation of an emergency or civil emergency, the mayor or, if
absent or incapacitated, the president of the city council, the council president
pro tern or senior council member. according to the guidelines set forth in
section 6.60.065, during the existence of such emergency or civil emergency,
may make and proclaim any or all of the following orders:
A. An order imposing a general curfew applicable to the city as a whole, or to
such geographical area or areas of the city as deemed necessary, and during
such hours as deemed necessary, and from time to time modify the area or
areas to which such a curfew shall apply, and the hours that such curfew will
be in effect;
B. An order requiring any or all business establishments to close and remain
closed until further order;
C . An order requiring the closure of any or all ba rs , taverns , liquor stores and
other business establishments where a lcoholic beverages are sold o r
otherwise dispensed ; provided , that with respect to those business
establishments 1,Nhich are not primari ly devoted to the sale of alcoholic
be'111erages , and in i.vhich such alcoholic beverages may be removed or made
secure for possib le seizure by the public , the portions thereof ut il ized for the
sale of items other than alcoho lic beverages may in the mayor's discretion ,
be allowed to rema in open-
D . i\n order requiring the discontinuance of sale , distribution , or giving mvay of
alcoholic beverages in any or all parts of the city ;
e C .. An order during a civil emergency, requiring the discontinuance of the
sale, distribution, or giving away of gasoline or other liquid, flammable or
combustible products in any container ( other than a gasoline tank properly
fixed to a motor vehicle);
~_-cD. An order closing to the public any and all public places, including streets,
alleys, public ways, schools, parks, beaches, amusement areas, and public
buildings;
GE .. An order requesting federal and/or state assistance in combating such
civil emergency;
H_.E . An order establishing economic controls in aid of and supplementary to
and consistent with federal orders relating to price stabilization or controls,
including: the convening and establishing of ration boards; auditing retail and
wholesale ration accounts; monitoring price control operations and reporting
violations to appropriate authorities; assisting in providing essential supplies to
disaster victims; and advising appropriate authorities concerning rationing,
price control, wage and rent controls, and allocation of food and other
essential commodities;
t§. An order directing the use of all public and private health, medical, and
convalescent facilities and equipment to provide emergency health and
medical care for injured or sick persons;
J H .. An order authorizing, in cooperation with utility management and
appropriate state and federal agencies, the shutting off, restoration, and
operation of utility services in accordance with priorities established for
combating such emergency or civil emergency;
K_I. ;-An order providing for the evacuation and reception of the population of
the city or any part thereof; and
h~. Such other orders as are imminently necessary for the protection of life
and property. [Ord. 4180 § 1, 2020; Ord. 4177 § 1, 2020].
6.60.100 Ratification, confirmation of orders.
Any orders proclaimed pursuant to ECC 6.60 .090 shall, at the earliest
practicable time, be presented to the city council for ratification or
modification . Ratification or modification shall be by majority of the council
then present; provided, that any council action shall require a quorum. If, after
the vote, the orders are not ratified or modified by the majority, the orders
shall be void. The orders shall be considered in full force and effect until the
city council takes action to the contrary. [Ord. 4177 § 1, 2020].
6.60.110 Publication of proclamation.
The mayor, or president of the city council, the counci l president pro tern or
senior council member, according to the guidelines set forth in section
6.60.065, shall cause any proclamation or order issued pursuant to the
authority of this chapter to be delivered electronically to all news media within
the city, shall publish the same on the city website, and shall utilize such other
available means, including social media and/or public address systems, as
may be necessary, in the mayor's judgment, to give notice of such
proclamations or orders to the public. [Ord. 4177 § 1, 2020].
6.60.120 Noncompliance with order deemed misdemeanor.
It is unlawful for anyone to fail or to refuse to obey any order proclaimed
pursuant to this legislation. Any person convicted of a violation of this section
shall be guilty of a misdemeanor. [Ord. 4177 § 1, 2020].
6.60.300 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter
is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portions shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions of this chapter. [Ord. 4177 § 1, 2020; Ord. 2224 § 1, 1981].
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH970561 ORDINANCE 4291
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 01/27/2023 and
ending on 01/27/2023 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount
$24.08.
Subscribed and sworn
~::~ ::::%'.. .L day of
this
~::?.r✓
Washington.
CicyofEdmonds-LEGALADS I 14101416
scan PASSEY
___ _,, __ ,..,.,..,,....,.....:;;i.....::,,...;:,,.. ....... ✓. ... -'"]
Linc .. Pl11 l 1i ps
Stz.l
Clas·sified Proof
Oc\l~INAN~E SUMMARY or lha o! E n0nds . Was r,p,gton
On the 24 th <la y 01 January, 2023, the City Councol of the City of
Edmonds , passed the IOl10wlng Ordlnonce. the summary of said
oru,nanc.e cons isting "c,\~~~A~C~~~-•:,J3~1-,s:
AN O RDINANCE Of THE CI T V OF EDMONDS,
VIASHINGTON, '\MENDING C>IAPTER i;.60 OF THE
EDMONDS CITY CODE, ENTITL ED '01S.\Si ER
PREPARI\T ION , EMERGE NO Y COORDINATION ANO CIVIL
EMERGENCI ES "
g~JJgLt~~:.·~"cgvr 0tiii"l7' 21123'
Published: January 27 , 202 3 EOH97056 I
Proofed by Phillips, Linda, 01/27/2023 11:45:36 am Page:2