[1]
Editor’s Note: See also Ch. 2.04, “Emergency Powers.”
When used in this chapter, the following words and phrases, and their derivations, shall have the meaning ascribed to them in Chapter 38.52 RCW and this section, except where the context clearly indicates a different meaning:
A. 
“Cities”
means the cities of Bremerton, Port Orchard, Poulsbo and Bainbridge Island.
B. 
“Council”
means the emergency management council of Kitsap County.
C. 
“County”
means Kitsap County.
D. 
“Director”
means the director of the department of emergency management.
E. 
“Emergency or disaster”
means an event or set of circumstances which: (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (2) reaches such a dimension or degree of destructiveness as to warrant the governor to proclaim a state of emergency pursuant to RCW 43.06.010.
F. 
“Emergency organization”
means the department of emergency management (DEM), which is responsible for performing local emergency management functions in Kitsap County.
G. 
“Emergency management”
means 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, technological or human caused; and provide support for search and rescue operations for persons and property in distress.
H. 
“Emergency worker”
means the definition as provided in RCW 38.52.010.
I. 
“Local organization for emergency services”
means an organization created in accordance with the provisions of Chapter 38.52 RCW by state or local authority to perform local emergency management functions.
J. 
“Search and rescue”
means the acts of searching for, rescuing or recovering by means of ground, marine or air activity any person who becomes lost, injured or is killed while outdoors or as a result of a natural, technological or human-caused disaster, including instances involving searches for downed air-craft when ground personnel are used.
(Ord. 109 (1986) § 1, 1986; Ord. 109-B (1986) § 1, 1998; Ord. 454 (2010) § 1, 2010; Ord. 584 (2019) § 1, 2019)
The Kitsap County department of emergency management is established. This organization is the successor to the emergency management organization of Kitsap County. The department of emergency management shall be a Kitsap County department that is jointly administered and funded by the county and the cities pursuant to an interlocal agreement.
(Ord. 109 (1986) § 2, 1986; Ord. 454 (2010) § 2, 2010)
The department of emergency management shall provide emergency management services and programs to the residents of, and on behalf of, the county and cities of Bremerton, Port Orchard, and Poulsbo. In addition the department of emergency management, pursuant to RCW 38.52.070, is designated as the local emergency management organization for the county and cities of Bremerton, Port Orchard, and Poulsbo and is vested with emergency management power and authority to the maximum extent permitted by Chapter 38.52 RCW. The department of emergency management will function as programmatic support for the city of Bainbridge Island’s emergency management program.
(Ord. 109 (1986) § 3, 1986; Ord. 454 (2010) § 3, 2010; Ord. 584 (2019) § 2, 2019)
The Kitsap County emergency management council is established. The council is the successor to the emergency management organization of Kitsap County.
(Ord. 109 (1986) § 4, 1986; Ord. 454 (2010) § 4, 2010)
Direction, control, and oversight of the department of emergency management are vested in the council unless otherwise specified in this chapter.
(Ord. 109 (1986) § 5, 1986; Ord. 454 (2010) § 5, 2010)
The council shall be composed of the following five persons or their designees:
A. 
One county commissioner; and
B. 
The mayors of Bainbridge Island, Bremerton, Port Orchard and Poulsbo.
(Ord. 109 (1986) § 6, 1986; Ord. 109-B (1998) § 2, 1998; Ord. 454 (2010) § 6, 2010; Ord. 584 (2019) § 3, 2019)
A. 
Meetings. The business and other matters that come before the council shall be transacted at open, public meetings. Meetings may be scheduled at regular times or may be called as special meetings on an as-needed basis. Meetings may be called by the council’s chairperson, the vice chairperson or by the director.
B. 
Quorum. Three members of the council shall constitute a quorum and business may be transacted by majority vote unless otherwise provided by this chapter.
C. 
Bylaws. bylaws may be passed and amended by the council but shall require a two-thirds favorable vote.
D. 
Election. At the first meeting of each calendar year the council shall elect one chairperson and one vice chairperson. Each position shall serve for the balance of the calendar year or until successors are elected, whichever is later.
E. 
Minutes. The director, or designee, shall keep the minutes of all regular and special meetings, except executive sessions.
F. 
Rules. Council meetings shall be conducted in accordance with Robert’s Rules of Order unless otherwise stated in the bylaws.
G. 
Notice. Prior to conducting and holding special meetings, each member of the council shall be given notice of the meeting and public notice shall be provided as required by the Open Public Meetings Act, Chapter 42.30 RCW. Notice of a special meeting may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage as provided in RCW 42.30.080.
(Ord. 109 (1986) § 7, 1986; Ord. 109-B (1998) § 3, 1998; Ord. 454 (2010) § 7, 2010; Ord. 584 (2019) § 4, 2019)
A director shall be appointed to organize, administer and manage the operations of the department on a day-to-day basis. The council shall, by majority vote, select a director. The director may select a designee to function in the absence of the director for department administrative purposes.
(Ord. 109 (1986) § 8, 1986; Ord. 109-B (1998) § 4, 1998; Ord. 454 (2010) § 8, 2010; Ord. 584 (2019) § 5, 2019)
The director, or designee, shall:
A. 
Implement the policies, procedures, programs, and directives of the council in regard to emergency management operations;
B. 
Make recommendations and reports to the council;
C. 
Represent the department of emergency management on behalf of the council in dealings with public and other outside public or private entities pertaining to emergency management and response to an emergency or disaster;
D. 
Organize, appoint and train volunteers and salaried employees needed to assist in the implementation of emergency management services or programs;
E. 
Coordinate the local emergency management program(s) with state, federal and other local programs;
F. 
Develop an “all-hazard” comprehensive emergency management plan for the county and cities of Bremerton, Port Orchard and Poulsbo, including policies and procedures to be utilized during an emergency or disaster;
G. 
Conduct studies and surveys of hazards and the resources available to deal with an emergency or disaster;
H. 
Develop mutual aid agreements for reciprocal emergency management aid and assistance;
I. 
When an emergency or disaster demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, the director may proclaim an emergency or disaster is occurring anywhere within unincorporated Kitsap County, and make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency or disaster. The issuance of such proclamation, and rules and regulations must be confirmed or rescinded as soon as possible thereafter by the board of county commissioners at a special meeting or the next regular meeting;
J. 
In the event of a proclaimed emergency or disaster within unincorporated Kitsap County, 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 under a governor’s proclamation of emergency, to commandeer the same for public use;
K. 
In the event of a proclaimed emergency or disaster, require emergency services of any county officer or employee, and in the event of a proclamation by the Governor or as provided in this chapter, of the existence of a disaster, to command the service and equipment of as many citizens as considered necessary in light of the disaster proclaimed. These citizens shall be entitled during the period of such services to all privileges, benefits and immunities as are provided by federal and state law for registered emergency workers;
L. 
In the event of a proclaimed emergency or disaster, execute all of the special powers conferred upon him/her by this chapter, all powers conferred by statute or by agreement approved by the board of county commissioners, or by any other lawful authority; and
M. 
In the event of a proclaimed emergency or disaster, requisition necessary personnel or material of any county department or agency.
(Ord. 109 (1986) § 9, 1986; Ord. 109-B (1998) § 5, 1998; Ord. 454 (2010) § 9, 2010; Ord. 584 (2019) § 6, 2019)
Prior to July 31st of each calendar year, the director shall submit a proposed biennium budget to the council for its consideration and approval. The approved budget shall then be submitted to the board of county commissioners for inclusion into the county’s biennium budget.
(Ord. 109 (1986) § 10, 1986; Ord. 109-B (1998) § 6, 1998; Ord. 454 (2010) § 10, 2010; Ord. 584 (2019) § 7, 2019)
The budget for the Kitsap County department of emergency management that is not funded after receipt of contributions (i.e., the city of Bainbridge Island), grants, or gifts shall be funded by assessments made in accordance with this section. The assessment amount for each city participating in the joint local organization for emergency management (i.e., the city of Bremerton, the city of Port Orchard, and the city of Poulsbo) shall be based upon a per capita charge. In calculating the per capita charge, the population of each city participating in the joint local organization for emergency management (numerator) is divided by the total population of the county (denominator) and that percentage is then multiplied by the total amount required for the following year’s budget that does not include grant funding. The assessment amount for the county shall be that amount which is obtained when the population of the unincorporated portion of the county is divided by the total population of the county and that percentage is then multiplied by the budget amount that does not include grant funding. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the Washington State Office of Financial Management (OFM). Assessments shall be paid on an annual basis and will include an additional annually agreed amount to be deposited in the department of emergency management contingency fund which will be paid pro rata by the county and the city of Bremerton, the city of Port Orchard, and the city of Poulsbo consistent with the calculations in this section. The population of the city of Bainbridge Island will not be included in the calculations in this section.
(Ord. 109 (1986) § 11, 1986; Ord. 454 (2010) § 11, 2010; Ord. 584 (2019) § 8, 2019)
Moneys received and collected on behalf of the department of emergency management shall be deposited in the Kitsap County department of emergency management fund and a Kitsap County department of emergency management contingency fund. Both funds will be maintained by the county treasurer. The Kitsap County emergency management contingency fund is intended to supplement the department of emergency management costs in the event of the issuance of a Kitsap County emergency proclamation.
(Ord. 109 (1986) § 12, 1986; Ord. 454 (2010) § 12, 2010; Ord. 584 (2019) § 9, 2019)
A. 
Proclamation. If circumstances warrant, the board of county commissioners may proclaim the existence of a local emergency or disaster occurring anywhere within unincorporated Kitsap County. If an emergency or disaster demands immediate action to preserve public health, protect life, protect public property or to provide relief to any stricken community overtaken by such occurrences, the director, or if the director is unavailable the member of the board of county commissioners sitting on the emergency management council, may proclaim the existence of a local emergency or disaster anywhere within unincorporated Kitsap County and make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency or disaster. In such an event, any proclamation and rules and regulations issued must be ratified, confirmed, modified, or canceled as soon as possible thereafter by the board of county commissioners at a special meeting or the next regular meeting. Proclamations which are canceled shall after vote be void. Proclamations shall be considered in full force and effect until the board of county commissioners shall act.
B. 
State Support. To obtain support from the state, the county may request that the governor proclaim a state of emergency if the county, or the county and one or more cities, proclaims that the available local resources are inadequate to respond to the emergency.
C. 
Abatement. When a proclaimed emergency or disaster has sufficiently abated, the board of county commissioners and/or the mayor, or designees, depending upon which jurisdiction proclaimed the existence of a local emergency, shall proclaim an end to the emergency or disaster.
D. 
Use of Government Resources. If an emergency or disaster has been proclaimed, the department of emergency management may utilize the services, equipment, supplies and facilities of the state and all other governmental entities organized pursuant to state law.
E. 
Impressment of Citizens. If an emergency or disaster has been proclaimed by the Governor or as provided in this chapter, the department of emergency management may commandeer the service and equipment of citizens.
F. 
Rules and Regulations. If an emergency or disaster has been proclaimed, the proclaiming authority may make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency or disaster.
(Ord. 109 (1986) § 13, 1986; Ord. 109-B (1998) § 7, 1998; Ord. 454 (2010) § 13, 2010; Ord. 584 (2019) § 10, 2019)
The compensation board for the department of emergency management shall be composed of those individuals as would a compensation board for a county pursuant to RCW 38.52.210(1).
(Ord. 109 (1986) § 16, 1986; Ord. 454 (2010) § 14, 2010)
The county shall:
(1) 
Establish the salaries of the director and other salaried staff of the department of emergency management;
(2) 
Treat the director and the salaried staff of the department of emergency management as county employees with respect to such matters as auditing, accounting, fringe benefits, risk management, personnel policies and any other county ordinances or policies applicable to Kitsap County personnel;
(3) 
Represent and act on the council’s behalf in entering into contracts and interlocal agreements and accepting grant funds.
(Ord. 109 (1986) § 17, 1986; Ord. 109-B (1998) § 8, 1998; Ord. 454 (2010) § 15, 2010)
Any person, firm or corporation knowingly violating any rule or regulation promulgated pursuant to Section 2.104.130(F) shall be guilty of a misdemeanor. Any violation shall be deemed a separate offense for each day or portion thereof it continues. Punishment upon conviction shall be a fine not exceeding $250.00 or imprisonment for more than ninety days, or both such fine and imprisonment.
(Ord. 109 (1986) § 18, 1986; Ord. 584 (2019) § 11, 2019)
This chapter shall be liberally construed to secure the public health, safety and welfare and the rule of strict construction shall have no application.
(Ord. 109 (1986) § 19, 1986)
A. 
The purpose of this chapter is 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 or individuals who will or should be especially protected or benefitted by the terms of this chapter.
B. 
Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the county, or its officers, elected, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, or its officers, elected, employees, or agents.
(Ord. 109 (1986) § 22, 1986; Ord. 109-B (1998) § 9, 1998; Ord. 454 (2010) § 16, 2010; Ord. 584 (2019) § 12, 2019)