The purpose of this chapter is to create an emergency management organization to prepare and implement an emergency management plan and to mitigate, prepare for, respond to and recover from injury and damage to persons or property resulting from emergencies or disasters in a manner consistent with Chapter 38.52 RCW, the Washington Emergency Management Act, and any implementing regulations promulgated by the state of Washington, and to provide for the continuity of city government in a manner consistent with Chapter 42.14 RCW, the Continuity of Government Act. Any expenditures made in connection with emergency management activities, including mutual aid activities, are deemed to be for a general city purpose and this chapter is intended to grant the broadest power permitted by constitutional and statutory authority to preserve the public health, safety, and welfare.
(Ord. 1440 § 2, 1985; Ord. 3072 § 1 (Exh. A), 2017)
A Marysville emergency management organization (EMO) is created to carry out emergency management functions. The EMO will be headed by a director, known as the emergency manager. The emergency manager will be appointed by the mayor and report to the chief administrative officer. The emergency manager will be directly responsible for the organization, administration, and operation of the EMO. The emergency manager will ensure compliance with Chapter 38.52 RCW and Chapter 118-30 WAC and coordinate, when appropriate, with the State Military Department and other emergency management organizations. The city adopts the National Incident Management System (NIMS), including the Incident Command System (ICS), as the standard for managing emergency incidents.
(Ord. 1440 § 2, 1985; Ord. 3072 § 1 (Exh. A), 2017)
(1) 
Declaration of State of Emergency. The mayor, or the person succeeding to the powers of the mayor, may, after determining that there is a public disorder, disaster, energy emergency, riot, or similar dangerous and emergency circumstance within the city which constitutes an immediate danger or threat to the life, health, property, or public peace of the citizens of the city, proclaim a state of emergency. In the event there is a proclamation of a state of emergency, notice of the proclamation shall be given to the citizens of the city, in every reasonable manner.
(2) 
Authority of Mayor During State of Emergency. The mayor, or successor to mayor's powers, is authorized to include in the proclamation an order prohibiting:
(a) 
Any person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew;
(b) 
Any number of persons from assembling or gathering on the public streets, parks, or other open areas of the city, either public or private;
(c) 
The transporting, possession, or use of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind, except in connection with normal operation of motor vehicles, normal home use, or legitimate commercial use;
(d) 
The sale, purchase, or dispensing of alcoholic beverages;
(e) 
The sale, purchase, or dispensing of other commodities or goods, as he reasonably believes should be prohibited or controlled to help preserve and maintain life, health, property or the public peace;
(f) 
The use of certain streets, highways, or public ways by the public; and
(g) 
Such other activities as she or he reasonably believes should be prohibited to help preserve and maintain life, health, property, or the public peace.
(3) 
During a state of emergency declared by the mayor or the governor, the mayor may:
(a) 
Obtain vital supplies and equipment and bind the city of Marysville to pay fair value for them or commandeer the same for public use;
(b) 
Control and direct the emergency management organization to preserve public health and safety; and
(c) 
Utilize any lawful authority or special powers conferred by this chapter or by any statute or by any other legal basis.
(4) 
Violations.
(a) 
Any person who knowingly violates any provision of an order issued by the mayor under this section is guilty of a misdemeanor. A second offense is a gross misdemeanor.
(b) 
Any person who knowingly refuses to comply with a lawful order of a public official or peace officer during an emergency is guilty of a misdemeanor. A second offense is a gross misdemeanor.
(5) 
Absence of Mayor/Line of Succession with Emergency Authority. The line of succession for persons with the power to declare a state of emergency and issue directives and prohibitions during the state of emergency shall be as follows:
(a) 
Mayor;
(b) 
Council president/mayor pro tem;
(c) 
Most senior council member, with seniority determined by including all years served on the city council, regardless of whether there was a gap in years served on the council. Or if the city council is in session, a council member will be appointed by vote of the council.
In the event the mayor and entire city council is not available due to injury or absence, the line of succession with emergency powers shall be as follows:
(a)
Chief administrative officer;
(b)
Police chief;
(c)
Public works director;
(d)
Most senior member of the police command staff.
Each department director shall designate an order of succession for his or her department in consultation with the mayor and chief administrative officer and advise the emergency manager.
(Ord. 3072 § 1 (Exh. A), 2017)
(1) 
It is expressly the purpose of this chapter and any comprehensive emergency management plan adopted by the city to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter.
(2) 
Nothing contained in this chapter or a comprehensive emergency management plan is intended to create or form the basis of any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 3072 § 1 (Exh. A), 2017)
When unforeseen circumstances beyond the control of the city either: (1) present a real, immediate threat to the proper performance of essential city functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken, the mayor is designated to act and may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, the mayor will make a written finding of the existence of an emergency no later than two weeks following the award of the contract. Except as provided by resolution, the city council will ratify all contracts awarded without competitive bidding.
(Ord. 3303 § 1 (Exh. A), 2024)