ORD 20-889 - Relating to Mayor's Emergency Powers 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