SKAMANIA COUNTY ORDINANCE 2003- 09
AN ORDINANCE PROVIDING EMERGENCY PROCEDURES FOR PRESERVATION OF CIVIL AUTHORITY, INCLUDING DECLARATION OF STATE OF EMERGENCY, IMPOSITION OF EMERGENCY MEASURES, ACQUISITION OF RESOURCES, PENALTIES FOR VIOLATIONS, AND DEVELOPMENT OF EMERGENCY MANAGEMENT PLAN.
WHEREAS, the Board of County Commissioners believes that Skamania County should be prepared to respond to emergencies in an effective and efficient manner for the preservation of the public peace, safety and welfare of the citizenry of the County; and
WHEREAS, the Skamania County Department of Emergency Management recommends that Skamania County adopt an ordinance providing emergency procedures for preservation of civil authority, including declaration of state of emergency, imposition of emergency measures, acquisition of resources, penalties for violations, and development of an emergency management plan; and
WHEREAS, the Cities of Stevenson and North Bonneville have the responsibility for maintaining an emergency management program for their municipalities, and the County is willing to contract with the Cities to provide emergency management services on their behalf; and
WHEREAS, the Board of County Commissioners determined that adoption of this ordinance would be in the best interest of the people of Skamania County; and
NOW, THEREFORE BE IT ORDAINED by the Board of Skamania County Commissioners as follows:
This Ordinance shall be known as the “EMERGENCY ORDINANCE OF SKAMANIA
COUNTY”.
The purpose of this Ordinance is to provide a procedure to minimize injury to persons, the environment, and property and to preserve the established civil authority in the event a state of emergency exists within the unincorporated areas of Skamania County or within the incorporated areas of Skamania County if assistance is requested by such incorporated jurisdictions.
SECTION 3. DEFINITION OF EMERGENCY
For the purposes of this Ordinance, emergency is defined as any man-made or natural event or circumstance causing or threatening loss of life; injury to persons, the environment, or property; human suffering; or financial loss to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare. Such event shall include, but not be limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous substances, disease, blight, infestation, utility or transportation service disruptions, civil disturbance, riot, sabotage, and war or any other such emergency as defined under RCW, Chapter 38.
Under the provisions of RCW 38.52, the authority and responsibility for responding to emergencies is placed at the local government level. RCW 38.52.070 and WAC 110.30.050 further mandates that the County shall establish an emergency management agency to perform emergency program management functions to include, but not limited to, program development, fiscal management, coordination with nongovernmental agencies and organizations, public information, personnel training and development, and implementation of exercises to test the system.
When, in the judgment of the Board of County Commissioners, a state of emergency exists, they shall declare in writing and publicize the existence of same. At the earliest practical opportunity, a written declaration of emergency shall be adopted by the Board and made a part of the County's official records. If circumstances prohibit the timely action of the Board of Commissioners, the Chair of the Board may declare a state of emergency provided that approval of a majority of the Board of County Commissioners is sought and obtained at the first available opportunity.
Upon that declaration of emergency, the Chair of the Board is empowered to assume centralized control of and have authority over all departments, divisions, and employees of Skamania County in order to implement the provisions of this Ordinance. The state of emergency declared pursuant to this section shall specify the factors, which warrant the exercise of emergency controls.
In the event that the Chair of the Board of County Commissioners is unavailable or unable to perform his or her duties under the Ordinance, the duties shall be performed by:
a) the remaining members of the Board of County Commissioners; or b) the Sheriff of Skamania County or designee.
Whenever a state of emergency has been declared to exist within unincorporated Skamania County, or on the request of a municipality's governing body, the Board of County Commissioners is empowered to order and enforce the measures listed herein below. However, if circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the Board may order emergency measures provided that approval from a majority of the Board of County Commissioners is sought and obtained at the first available opportunity, or the Chair's order will become null and void. Such emergency measures may include, but not be limited to:
a) Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may be upon the public streets or other public places.
b) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place within the area designated as an emergency area.
c) Barricade streets and roads, as well as access points onto streets and roads, and prohibit vehicular or pedestrian traffic, or restrict or regulate the same in any reasonable manner in the area designated as an emergency area for such distance or degree of regulation as may be deemed necessary under the circumstances.
d) Evacuate persons from the area designated as an emergency area.
e) Close taverns or bars and prohibit the sale of alcoholic beverages throughout Skamania County or a portion thereof.
f) Commit to mutual aid agreements.
g) Suspend standard competitive bidding procedures to obtain necessary goods, services and/or equipment.
h) Redirect funds for emergency use.
i) Order such other measures as are found to be immediately necessary for the protection of life, the environment, and property.
SECTION 8. ACQUISITION OF RESOURCES
Under this section, the Board of County Commissioners is authorized (RCW 38.52.110) to extend government authority to non-governmental resources (i.e. personnel, equipment) that may support regular government forces during an emergency and may enter into agreements with other public and private agencies for use of resources. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation. Under the provisions of RCW Chapter 38, state resources are available when the appropriate response to an emergency is beyond the capability of the county in which it occurs.
a) Any person, firm, corporation, association or entity that violates any emergency measure taken by the Board of County Commissioners under authority of this Ordinance shall be subject, upon conviction, to a fine of not more than $500.00 per offense.
b) Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.
c) Where the Washington Revised Statutes provide for a penalty for the act, commission or omission, the penalty prescribed herein shall be no greater than prescribed by said Washington Revised Statutes.
For purposes of this Ordinance, in accordance with RCW 38.52, the emergency management organization for Skamania County shall be the Skamania County Department of Emergency Management, a department of Skamania County. The Skamania County Sheriff is hereby designated as the Director of Emergency Management. An Emergency Management Coordinator, as appointed by the Director, may manage the emergency program.
SECTION 11. PARTICIPATION IN EMERGENCY MANAGEMENT PROGRAM BY CITIES OF STEVENSON AND NORTH BONNEVILLE.
Any city within Skamania County may contract with the County to provide emergency management services to said city at a similar level of service provided to Skamania County. The cost of the services to the cities shall be negotiated.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a 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 Ordinance.
This Ordinance being necessary for the immediate preservation of the public welfare, an emergency is declared and found to exist, and this Ordinance takes effect immediately.
ORDINANCE NO. 2003-09 PASSED INTO LAW THIS 28th DAY OF July 2003.