The purpose of this chapter is to provide for the preparation and carrying out of plans for mitigation, preparedness, response, and recovery for persons and property within the city of Prosser in the event of an emergency or disaster, whether it be manmade, acts of nature, or acts of terrorism or war, and to provide for the coordination of emergency functions and services of the city of Prosser with Benton County and other affected public agencies and private persons, corporations, and organizations. Any expenditure made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city of Prosser.
(Ord. 2740 § 2, 2011)
A. 
"Deputy director"
shall mean the person who may be appointed by the mayor, or his or her designee, to represent the director in his or her absence.
B. 
"Director"
shall mean the person responsible for the administration and operation of the emergency management program for the city of Prosser. "Director" shall also mean "disaster coordinator" as set forth in the Prosser emergency operations plan.
C. 
"Emergency management"
shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress.
D. 
"Emergency or disaster"
as used in this chapter shall mean an event or set of circumstances which is:
1. 
A riot, unlawful assembly, insurrection, enemy attack, sabotage, or other hostile action;
2. 
A natural or human-caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause.
(Ord. 2740 § 3, 2011)
A. 
Adoption. The city of Prosser hereby adopts the city of Prosser emergency operations plan dated December 8, 2020, on file with the office of the city clerk, and incorporates the same as though fully set forth herein. In the event of a conflict between the terms of the adopted plan and this chapter, the provision providing the broadest delegation of authority shall prevail.
B. 
The city clerk shall maintain three copies of this plan that may be easily located by city employees in the event of an emergency.
(Ord. 2740 § 4, 2011; Ord. 3133 § 1, 2020)
A. 
Adoption. The city of Prosser hereby adopts the Benton County comprehensive emergency services emergency management plan as it now exists or is hereafter amended and incorporates the same as though fully set forth herein.
B. 
Plan Only Coordinates Efforts. The intent of this plan is to coordinate multiple jurisdictional events which transcend jurisdictional boundaries. It is in no way intended to direct policy and procedure as to the city of Prosser, nor is intended to alter or circumvent the city of Prosser emergency operations plan.
C. 
Copies of the Plan. The city clerk shall maintain one copy of this plan that may be easily located by city employees in the event of an emergency.
(Ord. 2740 § 5, 2011)
It is the policy of the city of Prosser to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur, whether it is manmade, acts of nature, or acts of terrorism or war. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the city of Prosser to respond to protect life, public health, and public property. Therefore, citizens are advised to be prepared to be on their own for up to seventy-two hours should an emergency or disaster occur.
(Ord. 2740 § 6, 2011)
A. 
The emergency operations plan, prepared by the director and promulgated by the mayor, is the official emergency management plan of the city of Prosser. The director shall file a copy of said plan in the office of the city clerk and distribute copies of said plan to appropriate city departments.
B. 
A copy of this chapter and the emergency operations plan shall be sent to Benton County emergency services.
(Ord. 2740 § 7, 2011)
The emergency management program of the city of Prosser is hereby created and shall consist of:
A. 
The director who shall be the city administrator. The director has the direct responsibility for the organization, administration, and operation of the emergency management program for the city of Prosser and shall have the direct responsibility for the emergency operations of departments of the city of Prosser. The director shall develop and maintain the emergency operations plan and program of the city of Prosser and shall have such other duties as may be assigned to him or her by the mayor.
B. 
A deputy director, who may be appointed by the mayor, or his or her designee. The deputy director shall perform such functions as outlined in the emergency operations plan and shall act for and exercise the powers and perform the duties of the director during his or her absence or disability.
C. 
Compensated members of the emergency management organization.
D. 
Volunteer members of the emergency management organization.
E. 
Such advisory committees as may be appointed by the mayor.
(Ord. 2740 § 8, 2011)
A. 
There is created the emergency management committee which shall consist of the director of emergency management and such city department heads and/or their designees, and other cooperating agencies and organizations having appropriate expertise and knowledge, as deemed appropriate by the mayor and as set forth in the current emergency operations plan.
B. 
The purpose of the emergency management committee is to provide overall guidance in the preparation, implementation, evaluation, and currency of the emergency operations plan and program, and to ensure inter-agency and inter-jurisdictional cooperation for the maximum use of local and mutual aid resources.
C. 
The city of Prosser may recognize Benton County emergency services for the purpose of ensuring coordination with adjacent jurisdictions and designate the appropriate representatives.
(Ord. 2740 § 9, 2011)
The mayor, mayor pro tem and director shall have all the powers enumerated in Chapters 3.62, 9.10, or other relevant sections of the Prosser Municipal Code in the event of an emergency. In addition, the mayor, mayor pro tem and director shall have the authority to take all actions authorized by Chapter 38.52 RCW and Chapter 118-30 WAC as they now exist or as they may be hereafter amended or recodified, in the event of an emergency.
(Ord. 2740 § 10, 2011)
The director is hereby empowered:
A. 
To request the declaration of an emergency in accordance with Chapter 9.10 or other relevant section of the Prosser Municipal Code.
B. 
To direct coordination and cooperation between divisions, services, and staff of the departments and services of the city in carrying out the provisions of the emergency operations plan, and to resolve questions of authority and responsibility that may arise between them.
C. 
To recommend for adoption by the city council emergency operations plans.
D. 
To execute mutual aid agreements with other agencies.
E. 
To represent the emergency management organization of the city in dealing with issues pertaining to emergency management.
F. 
To prepare and maintain the emergency operations plan of the city and manage the day-to-day responsibilities of the emergency management program activities of the city.
G. 
The director of the emergency services department shall be directly responsible for the organization, administration, and operation of the department of emergency services.
H. 
The director of the department of emergency services shall promulgate such rules and regulations as are necessary to prepare the city for dealing with an emergency or disaster as described in this chapter. All rules and regulations so promulgated shall be approved by the mayor prior to becoming effective.
(Ord. 2740 § 11, 2011)
Emergency services shall establish and staff an emergency operations center equipped with a communications system to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency function. The council chambers/conference room at Prosser City Hall shall be so designated as the Prosser emergency operations center (PEOC).
(Ord. 2740 § 13, 2011)
Appropriations will be made in the city budget to cover the expense of emergency management training, writing and maintaining the emergency operations plan, and for administration of the emergency operations plan. Such monies are to be approved for expenditure in the same manner as expenditures as now authorized by requisition against the budget.
(Ord. 2740 § 14, 2011)
This chapter shall be construed so as not to conflict with any state or federal statute or with any military rule or regulation. This chapter shall be construed to provide the maximum authority to the emergency management organization possible in accordance with all state and federal statutes or regulations.
(Ord. 2740 § 16, 2011)
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to person or property as the result of such activity. No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises who voluntarily and without compensation grants to the city a license of privilege or otherwise permits the city to inspect, designate and use for the purpose of sheltering persons during an actual, impending, or mock natural or human-caused disaster or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises or as a result of the condition of the building or premises or as a result of any act or commission in connection with the upkeep or maintenance thereof (except wilful act of misconduct), when such person has entered or gone into or upon such building or premises for the purpose of seeking refuge therein during an actual, impending, mock, natural, or human-caused disaster.
(Ord. 2740 § 17, 2011)
A. 
It is unlawful for any person wilfully to obstruct, hinder, or delay any members of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter.
B. 
It is unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the city unless authorization to do so has been granted to such person by the proper officials.
C. 
Convictions for violation of the provisions of this chapter shall be a misdemeanor punishable by a fine of not more than one thousand dollars, or confinement in jail for not more than ninety days, or by both such fine and confinement.
(Ord. 2740 § 18, 2011)
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter.
(Ord. 2740 § 19, 2011)