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ORD 20-889 ORDINANCE NO. 20-889 AN ORDINANCE of the City of Federal Way, Washington, relating to the mayor's emergency powers; adding a new chapter 2.09 to the Federal Way Revised Code including sections 2.09.010; 2.09.011; 2.09.012; and 2.09.013. WHEREAS,Article XI, § 11 of the Washington State Constitution provides that the city has the authority to make and enforce laws within its limits that are not in conflict with state law; and WHEREAS, RCW 35A.11.020 provides that the city council may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city; and WHEREAS, natural disasters, public health emergencies, civil unrest, and other unpredictable events can create a need for temporary emergency orders that mandate actions such as the evacuation of citizens, imposition of curfews,requests for civil aid,and other actions necessary to the preservation of life and property; and WHEREAS, many cities in the state expressly delegate to the mayor the authority to issue emergency orders to address emergencies; and WHEREAS, during times of emergency,the city may need to take timely action in order to protect life and property; and WHEREAS,being the elected chief executive of the city,the mayor is in the best position to quickly declare an emergency and issue emergency orders; and WHEREAS, the city council finds it appropriate to delegate to the mayor, or to the council president or another councilmember in the mayor's absence,the authority to make emergency orders, subject to ratification and modification by the city council. Ordinance No. 20-889 Page 1 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.09 of the Federal Way Revised Code is hereby added to read as follows: Chapter 2.09 MAYOR'S EMERGENCY POWERS Sections: 2.09.010 Proclamation of civil, emergena—Emergena defined. 2.09.011. Action whieb ma), be taken. 2.09.012 Publication. 2.09.013, Violation—Penally. 2.09.010 Proclamation of civil emergenev—Emergency defined. Whenever a civil emergency, orthe imin-nent threat Of LICIan cmergeTICY, occurs in the city and results in or threatens to result in the death or in jgty-of persons, or the destruction of or damag IQ propefty to sue,li extent.as to reguire,in the Judgment ofthe qjqyor,extraordinary measuresxotect m I the Public peace. safety ago welfare, t;hemay®rshall pKqclaiqL in writing the existence of a civil enter �wjj!g qftlie ma ich a civil,emer Jgn be declared by the il yor, st -2 --0- COMIC lLrg,,,jjctcQt, and in the absence of the co ung it president, by the 1�on Tqst gpinterrupted serving ineinber ofthe cit),, council. For the pua,)ose�Qfthis chapter ackril eniergeqgy ItLlnean: (t) A riot, unlawful assembly, insurreefigq.,mob action, looting, enemy attack_ sgbotque,'Qr other hostile action; or U2 -Anatural or human caused disaster,ineltidiii,gsL)Illa r,qli.s.disease,fire,flood,storm,explosion gqqhqllqkqvolcanic jiStLirbance or other natural cause. Ordinance No. 20-889 Page 2 of 6 2.09.011 Action which may be taken. Upon the -proclamation of a civil emergency by the mayor, and durijig the existence of such emergency, the mayor may make and proclaim qny..pj.qlI of the following orders: (1) An orderinVosing a curfew upon all or any.p , all persons in the ..prtion of the city requiring designated curfew areas and...tinier to remove themselves from the JIL[bIiC streets, alleys pqi:k.5, beaches,'eljools, amusement areas-,..or otlier public places provided, however, that health-care pL _g essential pu �r�IjLej )erforining medical services, utifily personnel maintailniji . blic services, r1refighteis-and city-authorized or requested law entbreement ofilcers and personnel may be gxeMpfid from suchcurfew - may, in the mayor's discretion,, ac grpX�'Lyided further, that the mayor: �n exerart pIlier essential activities from such a curfew, (2) An ordem.r closing one or more_pUblic streets. tlioroughljatesw,or.j gblic places within the city to vehicular or pedestrian traffic, (3) An order rm r all business establislunents to close and remain closed until further (4)An order reg qtjn the discontinuance of distrM. the sale, ibution or givin g� .oforalcohol in any . all parts of the city-, (5 An order�re uLi Lilghe di contingance of the sale,distribution or Tri away of gasoline or other liquid flaniniable or coin buStit)je products in other than a gasoline tank-, jpp�gKly affixed to a motor vehicle or a lieating pil laiik for a residence or business-, (6) An order.:? _i 0, 011 L10011 an ,jQjijL2Litin the carty -distributionofa dan,geKg�sweq ppssession,ot street.sidewalkirgadway,park,or r public Wace within in the city which COLIld reasonably be used for , rioling, lootilig'.PEJ11surrection,includingµWithout limitation, bricks,clubs.,rocks,blqcjgcks,brass Ordinance No. 20-889 Page 3 of 6 knuckles, crow bars, knives with a blade exceeding three inches, Molotov cocktails, or the g,qnqLionents, For making incendiary devices; provided, that any such order shall riot aD01V to -o ofricei�-sori:nilitaryl,,)erso�ilieI enpaed in the.perfionTiance Of thCiT official duties or limit the ability,of ................... nary LndividUal to legally carry firearms gsj)rpy i d ed finder state law; provided further,that such order shall not hinit the ri jit of any person to legally -p fireann in their home or business; (7) An order directingm.the use of all public and private lieajjh,qj��dical, and convalescent facilities and cquipmgnLt�L=yide emergency healtl-i and rned'cal care for i j.��t�A 4 -11 (8) An order requesting federal or state assistance in combatin the civil em ,g 9—.---e1:V-11C-Y� (9) An Dreier l)rcrvtcltr for the evacuation and reception of l 9: uP-latio4-6...n oft h e city or qtiy part of the cim, and ('10) Such other orders yrs are reasonably necessary for the inimjneqj-p.rQtection offife and roperty. Provided,however, that.Ajjy,,g!ch rders shall,at the next regdarl )resented --y��cheduled meetii to the city council for ratification and confirmation,rnodification,orjqkcjj and if not so ratified and confirmed shall be void. If the council modifies or rejects an order, such modification or le ection shall be prospective onlyqqd shall not affect any actions taken prior to the modification or rejection of the order. 2.09.012 Publication, The ma of shall cause any prockunation issued in accordance with,the authority of this chapter tp)be delivered to all news media within the city and shall utilize such other available means, including social media,the city's w5�11srje,,emergcncy notification systerns,and ubl:ic ad rmess..systernss,assliall be necessary, in the mayor ublic. Ordinance No. 20-889 Page 4 of 6 .09.01.3 Violation, — Penal!y. It IS UnklWfrrl for e to fail or rel'Use to obeyany such order prociaitned by the gayor, including any police officer or other city officialatt�cnintin to enforce such an order. Anyone convicted of a violation of this chanter is convicted of a misdemeanor and shall be � rr shed by a fine not to exceed $1,000 or imprisonment for a period of not moreIT than 90 days or by both such fine and imprisonment. Sectiionn Sever bilitylity.Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section`l.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 20-889 Page 5 of 6 PASSED by the City Council of the City of Federal Way this 7th day of July, 2020. CITY OF FEDERAL WAY: 1 RRELL, MAYOR ATTEST: �.. S 1.*I l IANiL"" COURT °Y,, CMC, CITY CLERK APPROVED AS TO FORM: ................................ J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 06/10/2020 PASSED BY THE CITY COUNCIL: 07/07 ......... /2020, PUBLISHED: 07/10/2020 EFFECTIVE DATE: 08/09/2020 ORDINANCE NO.: 20-889 Ordinance No. 20-889 Page 6 of 6