Ordinance 4177ORDINANCE NO.4177
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 6.60 OF THE
EDMONDS CITY CODE, ENTITLED "DISASTER
PREPARATION AND COORDINATION," TO ENHANCE THE
CITY'S ABILITY TO ACT SWIFTLY TO PROTECT THE
PUBLIC HEALTH, SAFETY, AND WELFARE IN RESPONSE
TO EMERGENCIES AND CIVIL EMERGENCIES.
WHEREAS, the City's emergency management and emergency operations code, which is
codified in chapter 6.60 ECC, entitled "Disaster Preparation and Coordination," was last updated
in 1998; and
WHEREAS, there are several provisions of chapter 6.60 ECC that should be updated to
take into account the most common ways that citizens receive information in 2020; and
WHEREAS, chapter 6.60 ECC appears to have been drafted in contemplation of natural
disasters like earthquakes, without anticipating the types of public health emergencies that could
arise through a pandemic; and
WHEREAS, the City is in the midst of the COVID-19 pandemic emergency that was
declared by Mayor Mike Nelson on March 5, 2020; and
WHEREAS, the COVID-19 pandemic may not peak in its intensity locally for at least
another six weeks; and
WHEREAS, it cannot be predicted exactly how the City might need to act over the next
several months to effectively respond to changed conditions caused by the pandemic; and
WHEREAS, the City has broad police powers that allow it to protect the public health,
safety, and welfare; and
WHEREAS, those broad police powers are generally held by the city council, who in turn
has the ability to delegate a part of those powers to the mayor for the sake of expediency; and
WHEREAS, because city council action requires a quorum, and because council action
must be taken publicly, it may not be possible for the city council to respond as swiftly as the
mayor could to changed conditions that may require immediate action; and
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WHEREAS, other cities have given their mayors the ability to proclaim emergency orders
when immediate action is necessary; and
WHEREAS, the city council would like to ensure that the mayor of Edmonds is authorized
to make such orders as are imminently necessary for the protection of life and property in the face
of an emergency or civil emergency, while still requiring that such orders be brought to the city
council for confirmation or modification by the city council as soon as practicable; 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 follows (new text is shown in underline; deleted text
is shown in strike -through):
Chapter 6.60
DISASTER PREPARATION= AND 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 seFviees 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 emergencv.
6.60.090 Orders during emergency.
6.60.100 Ratification, confirmation of orders.
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6.60.110 Publication of proclamation.
6.60.4 20 Noncompliance 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 hrough 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.
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 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 in r-dan e with ^ me Weal ^Ha state statute.
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, seho
ems; and
b. The prompt effort to notify all members of the city
council, with service modes to include confirmed receipt of telephone call, text message,
email, or other electronic means of communication eon4ae* or personal serviee by eity staff.
B. "Emergency services coordinating agency (ESCA)" is a local government
agency created pursuant to Chapter 38.52 RCW that provides local emergencyder
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management functions for the Edmonds area, including coordination between Edmonds
and other agencies and organizations for emergency caster preparedness and disaster
response.
C. "Civil emergency" as used in this chapter shall occur when it appears that riot,
unlawful assembly, insurrection, or the imminent threat thereof occur within the confines
of the city and result in, or threaten 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.
6.60.030 Emergency operations plan.
The emergency operations plan, to the extent that it does not conflict with this
chapter, shall govern emergencydisaster 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.
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, who shall be appointed by and 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 opefations- beardneh ever -sees and pr-evi es policay
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D-. The emergency management committee, which provides staff support, direction
and expertise in development of the emergency operations plan and all supporting
documents. The ma o disaster- ,.eer-, mate 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 maw.
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.
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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.
6.60.050 Authority of safety and disaster sees 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 of
agene •
C. At the direction of the mayor, Po 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.
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.
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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.
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 tem;
C. The most senior eity eeunei member;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.
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.
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6.60.080 Proclamation of emergency.
The mayor, or if absent or incapacitated, the president of the city council, may
proclaim in writing the existence of an emergency or civil emergency.
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, during the existence of such emergent
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 eg_og aphical 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 bars, taverns, liquor stores and
other business establishments where alcoholic beverages are sold or otherwise dispensed;
provided that with respect to those business establishments which are not primarily devoted
to the sale of alcoholic beverages, and in which such alcoholic beverages _ may be removed
or made secure for possible seizure by the public, the portions thereof utilized for the sale
of items other than alcoholic beverages may, in the mayor's discretion, be allowed to
remain open;
D. An order requiring the discontinuance of sale, distribution, or giving away of
alcoholic beverages in any or all parts of the city;
E. An order requiring the discontinuance of the sale, distribution, or giving away
of gasoline or other liquid, flammable or combustible products in any container (other than
a gasoline tank properly fixed to a motor vehicle);
F. An order closing to the public any and all public places, including streets,
alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;
G. An order prohibiting the carrying or possession of a firearm or any instrument
which is capable of producing bodily harm and which is carried or possessed with intent to
use the same to cause such harm, provided that any such order shall not apply to peace
officers or militM personnel engaged in the performance of their official duties,
H. An order requesting federal and/or state assistance in combating such civil
emergency
I. 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:
J. 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;
K. 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
L. An order providing for the evacuation and reception of the population of the
City or any part thereof, and
A Such other orders as are imminentiv necessary for the protection of life and
property.
6.60.100 Ratification, confirmation of orders.
Any orders proclaimed pursuant to Section 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.
6.60.110 Publication of proclamation.
The mayor, or president of the city council, shall cause any proclamation or order
issued pursuant to the authority of this chapter to be delivered electronically to all news
media within the citv. shall publish the same on the citv 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.
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.
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.
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. Declaration of EmergencX. The City Council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the Council, and that the same is not subject to a referendum
(RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19 virus
and the City Council wants to ensure that the city is properly positioned to act swiftly in response
to it.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
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Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of
the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by
a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
YOR MIKE NELSON
ATTEST/AUTHENTICATED:
CW'CLE11CK, SCOTT P SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: March 22, 2020
PASSED BY THE CITY COUNCIL: March 22, 2020
PUBLISHED: March 27, 2020
EFFECTIVE DATE: March 22, 2020
ORDINANCE NO. 4177
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SUMMARY OF ORDINANCE NO.4177
of the City of Edmonds, Washington
On the 22nd day of March, 2020, the City Council of the City of Edmonds, passed
Ordinance No. 4177. 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 AND COORDINATION," TO
ENHANCE THE CITY'S ABILITY TO ACT SWIFTLY
TO PROTECT THE PUBLIC HEALTH, SAFETY, AND
WELFARE IN RESPONSE TO EMERGENCIES AND
CIVIL EMERGENCIES.
The full text of this Ordinance will be mailed upon request.
DATED this 22"d day of March, 2020.
C LERK, SCOT SSEY
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 EDH895257 ORDINANCE 4177
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 03/27/2020 and
ending on 03/27/2020 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$28. 6.
Subscribed and sworn be me on this
�J day of +
Notary Public in and for the State of
Washington.
City of Edmonds - LEGALADS 114101416
SCOTT PASSEY
' Linda p .
htlfrpg
olarypublic
leaf Washington
0k.RAAornDrreM Expireso812912027
Classified Proof
SUMMARY OF ORDINANCE NO, 4177
011110111,101
ftheClryOf Ednwnd5, Wasllirr810n
On the 22nd day of hfarcn. 2f120, 2 C"y =.w of the City of
EdrrionW, pwwd Orclino"o No 4177 A surnrnary of the Content
orSAld Ordinance. consls9p of the hUe. Primus in follows
AN ORDINANCE aF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 600 OF THE
EDMOIVDS C%TY CODE, ENTITLED 'DISASTER
PREPARATION AND COORDINATION," TO ENHANCE THE
CITY'S ABILITY Ta ACT SWIFTLY TO. PROTECT THE
PUBLIC HEAi.TH SAFETY. AND WELFARE IN RESPONSE
TO EMERGENGItt6 AND QIViL EMERGENCIES.
Thtr NY teat of this cm,"rrca win be maAed upon request.
DATED this 22nd day ofMaren, 20217.
CITY CLER%, SCOTT PASSEY
Published: March 27. 2020, EDH895257
Proofed by Sheppard, Dicy, 03/31/2020 09:49:21 am Page: 2