HomeMy WebLinkAbout4174 OrdinanceORDINANCE NO. `4 1 7q
AN ORDINANCE of the City of Pasco, Washington,
Repealing Chapter 2.04 "Emergency Powers of Mayor "; and
Creating a New Chapter 2.05 "Emergency Powers"
Establishing the Powers and Procedures for the Declaration of
an Emergency
WHEREAS, the Code needs to be amended to be consistent with the Second
Amendment of the United States Constitution and the Washington Constitution Article 1,
Section 24, relating to the right of individual citizens to bear anns; and
WHEREAS, the State has preempted firearm's regulations pursuant to RCW 9.41.290;
and
WHEREAS, the City Council wishes to amend the Code to include additional provisions
for continuity of government consistent with RCW 42.14.050; and
WHEREAS, the City wishes to do everything within its power during an emergency to
promote the health, welfare and safety of its citizens, and to provide for the continuity of
government; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 2.04 entitled "Emergency Powers of Mayor" of the Pasco
Municipal Code, shall be and hereby is repealed in its entirety.
Section 2. That Chapter 2.05 entitled "Emergency Powers" of the Pasco Municipal
Code, shall be and hereby is created and shall read as follows:
Chapter 2.05
EMERGENCY POWERS
Sections:
2.05.010 Proclamation of civil emergency - Emergency defined.
2.05.020 Action which may be taken.
2.05.030 Delivery to news media.
2.05.040 Continuity of Government.
2.05.050 Violation — Penalty.
2.05.010 PROCLAMATION OF CIVIL EMERGENCY — EMERGENCY
DEFINED.
Ordinance Creating Chapter 2.05 - 1
A) Whenever a civil 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 judgment of the Mayor, extraordinary
measures to protect the public peace, safety and welfare, the Mayor shall forthwith proclaim in
writing the existence of a civil emergency. In the absence of the Mayor, the Mayor Pro Tem
may declare a civil emergency and issue orders, and in the absence of the Mayor Pro Tem, the
City Manager may declare a civil emergency and issue orders. The authority granted to the
Mayor in this Chapter is in addition to and not in limitation of other policies allowing the Mayor
to declare an emergency and take action necessary to deal with such emergency. For the
purposes of this chapter a civil emergency shall mean:
1) A riot, unlawful assembly, insurrection, enemy attack, sabotage, or other
hostile action; or
2) A natural or human caused disaster, including fire, flood, stone,
explosion, earthquake, volcanic disturbance or other natural cause; or
3) Any emergency or disaster as defined by RCW 38.52.010.
B) Proclamations of civil emergencies issued by the Mayor shall as soon as
practicable, be filed with the City Clerk and presented to the City Council for ratification and
confirmation, modification or rejection. Proclamations which are rejected shall, after vote, be
void. Proclamations shall be considered in full force and effect until the City Council shall act.
2.05.020 ACTION WHICH MAY BE TAKEN.
A) Upon the proclamation of a civil emergency by the Mayor, and during the
existence of such emergency the Mayor may make and proclaim any or all of the following
orders:
1) An order imposing a general curfew application to the City as a whole, or
to such geographical area or areas of the City and during such hours as he 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) An order requiring all business establishments within the geographic area
impacted by the civil emergency to close and remain closed until further order.
3) 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 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 Mayor,
be allowed to remain open.
Ordinance Creating Chapter 2.05 - 2
4) 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 property affixed to a motor vehicle.
5) An order closing to the public any or all public places, including streets,
alleys, public ways, schools, parks, beaches, amusement areas and public buildings.
6) An order waiving the public works competitive bidding requirements and
awarding contracts to address the emergency situation in accordance with RCW Chapters
38.52 and 39.04, and waiving other time- consuming procedures and formalities
consistent with RCW 38.52.070(2).
7) 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 persons.
8) 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 civil
emergency.
9) An order providing for the evacuation and reception of the population of
the City or any part thereof.
10) Such other orders as are iminediately necessary for the protection of life
and property.
B) Provided, however, that any such orders shall, at the regular or special meeting of
the City Council next following the date the orders are issued, be presented to the City Council
or ratification and confirmation by Resolution of the City Council, and if not so ratified and
confirmed shall be of no further effect. Provided further, in the event an order is issued under
subparagraph (6) above, then the Mayor shall also make a finding that an emergency existed
within two (2) weeks from the date the order was issued and post the contract and findings on the
City's website. If the City's website is down due to the emergency, then the Mayor shall take
reasonable steps to notify the public of the award of the contract and the substance of his
findings in accordance with the State law.
2.05.030 DELIVERY TO NEWS MEDIA. The Mayor shall cause any
proclamation issued by him pursuant to the authority of this chapter to be delivered to all news
media within Benton and Franklin counties and shall utilize such other available means,
including public address systems; as shall be necessary, in his judgment, to give notice of such
proclamations to the public.
2.05.040 CONTINUITY OF GOVERNMENT. In the event that the Mayor and the
Mayor Pro Tern are unavailable by reason of civil emergency to exercise the powers and
Ordinance Creating Chapter 2.05 - 3
discharge the duties of the office, then those members of the City Council available for duty shall
by majority vote, select one of their members to act as the executive head of the City.
2.05.050 VIOLATION — PENALTY. It is unlawful for anyone to fail or refuse to
obey any such order proclaimed by the Mayor. Anyone convicted of a violation of this chapter is
punishable by a fine of not more than $1,000.00, or by imprisonment for not more than ninety
(90) days, or both such fine and imprisonment.
Section 3. SEVERABILITY. The provisions of this Ordinance are hereby declared
to be severable. If any section, subsection, sentence, clause, or phrase of this Ordinance or its
application to any person or circumstance is for any reason held to be invalid or unconstitutional,
the remainder of this Ordinance shall not as a result of said section, subsection, sentence, clause,
or phrase be held unconstitutional or invalid.
Section 4. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Co 4PV*4XC, il f the City of Pasco, Washington, and approved as
provided by law this (5 day of 2014.
Matt Watkins, Mayor
At st:
i Clar , City Clerk
Ordinance Creating Chapter 2.05 - 4
Appr e s to Fonn:
r
Leland B. Kerr, City Attorney