HomeMy WebLinkAboutSH18-037 KC CODE AMEND CH 2.48 - OrdinanceBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE NO. 2018 -_______
ORDINANCE AMENDING CHAPTER 2.48 DEPARTMENT OF EMERGENCY
MANAGEMENT OF THE KITTITAS COUNTY CODE
WHEREAS, RCW 38.52.070 among other provisions authorizes and directs the establishment
of a local organization for emergency management; and
WHEREAS, the Kittitas County Code has a Chapter consistent with and implementing that
statutory mandate; and
WHEREAS, for a long period of time the operational duties related to the Department of
Emergency Management have been performed by and through the Office of the Sheriff; and
WHEREAS, in the course of other assistance to the Sheriff, assigned counsel found no
indication that in fact the Sheriff has been formally appointed; and
WHEREAS, it appears sound and logically consistent to have such operations continue to be
performed by and through the Office of the Sheriff; and
WHEREAS, amendment of the Emergency Management Chapter of the Kittitas County Code
appears to be the proper means by which to achieve that purpose; and
WHEREAS, nothing contained in this Ordinance is intended to be nor shall be construed to
create or form the basis for any liability on the part of Kittitas County, or any of its officers,
employees, or agents, for any injury or damage resulting from the failure of any person subject to
Chapter 2.48 of the Kittitas County Code to comply with this Ordinance, or by reason or in
consequence of any act or omission in connection with the implementation or enforcement of the
above referenced Chapter on the part of Kittitas County, or any of its officers, employees, or
agents; and
WHEREAS, a public hearing was held on __________, 2018 and the public was provided due
notice and opportunity to provide testimony on the proposed amendment to the ordinance; and
WHEREAS, the Board of County Commissioners of Kittitas County hereby adopts this
Ordinance pursuant to and by the authority of Sections 36.01.030 and 36.32.120 of the Revised
Code of Washington and Article 11, §11 of the Washington Constitution to enact regulatory
measures to preserve, promote, and improve the public health; and
NOW, THEREFORE, BE IT ORDAINED that the Board of County Commissioners adopt this
Amendment to Chapter 2.55 of the Kittitas County Code to read as follows, and the Information
Formatted: Not Highlight
Technology Department shall forthwith change the relevant portion of the County’s Official
website to reflect those changes;
AND ALSO BE IT ORDAINED that the Office of the Prosecuting Attorney, unilaterally and
without any action of the Board of County Commissioners, may direct the Information
Technology Department to correct any scrivener’s error found hereafter.
Chapter 2.48
DEPARTMENT OF EMERGENCY MANAGEMENT*
Sections
2.48.010 Purpose of chapter.
2.48.020 Definitions.
2.48.030 Emergency management council.
2.48.040 Emergency management council - Powers, duties.
2.48.050 Director of emergency management - Created, duties.
2.48.060 Director of emergency management - Powers during disaster.
2.48.070 Emergency management organization - Membership.
2.48.080 Emergency management organization - Divisions - Services - Staff.
2.48.090 Violation - Penalty.
* For the statutory provisions regarding civil defense generally, see Chapter 35.82 RCW; for
provisions authorizing local civil defense organizations, see RCW 38.52.070.
2.48.010 Purpose of chapter.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans,
including mock or practice drills, for the emergency services of persons and property within this
county in the event of a disaster, and to provide for the coordination of the emergency
management and disaster functions of this county with all other public agencies and affected
private persons, corporations and organizations in a manner consistent with the mandates of law
and the training of those responsible for leading the implementation of such emergency services.
Any expenditures made in connection with such emergency services and disaster activities,
including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property of the county, provided that
the expenditures are consistent with the mandates of law and/or funding sources related to such
expenditures. (Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1, 1959).
2.48.020 Definitions.
The definitions of RCW 38.52.010 related to Emergency Management as now in
existence or amended hereafter are adopted by reference.
Emergency management
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 shall not include, nor does any provision of
this chapter apply, to any condition relating to a labor controversy.
Disaster
Actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic,
riot, earthquake or other similar public calamity.
(Ord. 99-03, 1999; Ord. dated 5/16/75 § II, 1975; Vol. M, p. 48 § 2, 1959).
2.48.030 Emergency management council.
The county emergency management council is created and shall consist of the following:
1. The board of county commissioners. The chairman of the board will act as chairman of
the emergency management council;
2. The director of the department of emergency management, who shall be vice chairman.
(Ord. 99-03, 1999; Ord. dated 5/16/75 § III, 1975; Res. 72-11, 1972; Vol. M, p. 48 § 3,
1959).
2.48.040 Emergency management council - Powers, duties.
It shall be the duty of the county emergency management council, and it is empowered, to review
and recommend for adoption emergency services and mutual aid plans and agreements and such
resolutions and rules and regulations as are necessary to implement such plans and agreements.
The emergency management council shall meet upon call of the chairman or in his absence from
the county or inability to call such meeting, upon the call of the vice chairman. (Ord. 99 -03,
1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 4, 1959).
2.48.050 Director of emergency management - Created, duties.
There is created the office of director of emergency management as defined in RCW 38.52.010
as it exists now or is hereafter amended. Such officer shall be appointed by the board of county
commissionersThe Sheriff of Kittitas County is hereby appointed ex officio to be Director of
Emergency Management. The director is empowered and directed:
1. To delegate the various duties related to this positon to such of his or her staff as in his or
her judgment are best qualified to perform those duties, including those listed immediately
below;
1.2. To prepare an emergency management plan for the county conforming to the state
emergency management plan and program;
2.3. To control and direct the effort of the emergency management organization of this county
for the accomplishment of the purposes of this chapter;
3.4. To direct coordination and cooperation between divisions, services and staff of the
emergency management organization of this county, and to resolve questions of authority
and responsibility that may arise between them;
4.5. To represent the emergency management organization of this county in all dealings with
public or private agencies pertaining to emergency management and disaster. (Ord. 99-03,
1999; Ord. dated 5/16/75 § V, 1975: Res. 72-11, 1972; Vol. M, p. 49 § 5, 1959).
2.48.060 Director of emergency management - Powers during disaster.
In the event of disaster as provided in this chapter, the director is empowered, with the
concurrence of the chairman of the county emergency management council:
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1. To make and issue rules and regulations on matters as affected by such disaster;
provided, however, such rules and regulations must be confirmed at the earliest practicable
time by the emergency management council;
2. To obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of the life and property of the people, and bind the county for the fair
value thereof, and if required immediately, to commandeer the same for public use;
3. To require emergency services of any county officer or employee, and in the event of a
proclamation by the Governor of the existence of a disaster, to command the aid of as many
citizens of this community as he considers necessary in the execution of his duties; such
persons shall be entitled to all privileges, benefits and immunities as are provided by state
law for registered emergency management workers as authorized by RCW 38.52.110(2) as
it exists or is hereafter amended;
4. To execute all of the special powers conferred upon him b y this chapter or by resolution
adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by
the emergency management council, or by any other lawful authority;
5. To requisition necessary personnel or material of any county department or agency. (Ord.
99-03, 1999; Ord. dated 5/16/75 § VI, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 6, 1959).
2.48.070 Emergency management organization - Membership.
All county and city officers and employees of this county, together with those volunteer forces
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 KCC 2.48.060(3), charged with duties incident to the protection of life and property in this
county during disaster, shall constitute the emergency management organization of the county.
(Ord. 99-03, 1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7, 1959).
2.48.080 Emergency management organization - Divisions - Services - Staff.
The functions and duties of the county emergency management organization shall be distributed
among such divisions, services and special staff as the emergency management council
prescribes. The emergency management council shall concurrently with the adoption of the
ordinance codified herein, prescribe the form or organization, establishment and designation of
divisions and services, the assignment of functions, duties and powers, the designation of officers
and employees. Insofar as possible, the form of the federal government and the Department of
Emergency Management of the state shall conform in organization, titles and terminology. (Ord.
99- 03, 1999; Ord. dated 5/16/75 § VIII, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 8, 1959).
2.48.090 Violation - Penalty.
It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by imprisonment for not to
exceed three months, for any person during a disaster:
1. To willfully obstruct, hinder or delay any member of the emergency management
organization in the enforcement of any lawful rules or regulations issued pursuant to this
chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter,
if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to
imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the
defense or protection thereof;
3. To wear, carry or display, without authority, any means of identification specified by the
Department of Emergency Management of the state. (Ord. 99 -03, 1999; Ord. dated 5/16/75
§ IX, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 9, 1959).
ADOPTED this day of 2018.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Chair
Vice-Chair
, Commissioner
ATTEST: APPROVED AS TO FORM:
CLERK OF THE BOARD
/s/Douglas R. Mitchell
Julie A. Kjorsvik Deputy Prosecuting Attorney
ATTEST:
DEPUTY CLERK OF THE BOARD
Mandy Buchholz