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World Trade Organization Protests in Seattle City of Seattle Resolution 30099 (December 6, 1999) A RESOLUTION ratifying confirming a Mayoral Proclamation of Civil Emergency and civil emergency orders issued pursuant to that Proclamation. Date introduced/referred: Dec 6, 1999 Text A RESOLUTION ratifying and confirming a Mayoral Proclamation of Civil Emergency and civil emergency orders issued pursuant to that Proclamation. WHEREAS, by a Proclamation of Civil Emergency dated November 30, 1999, the Mayor has declared a civil emergency exists in the City of Seattle, and WHEREAS, pursuant to that Proclamation, the Mayor has issued certain emergency orders, and WHEREAS, it is necessary to use extraordinary measures to protect the public peace, safety, and welfare, and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to SMC Chapter 10.02 and RCW 38.52, Now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING: Section The Council hereby ratifies and confirms the Mayoral Proclamation of Civil Emergency dated November 30, 1999, a copy of which is attached as Exhibit A, and the emergency orders which are attached hereto as Exhibits B through I. Adopted by the City Council the _____ day of _____________, 2000, and signed by me in open session in authentication of its adoption this _____ day of ________________, 2000. Filed by me this ______ day of _________________, 2000. THE MAYOR CONCURRING: ______________________________ Mayor December 6, 1999 (Ver. ) EXHIBIT A: WHEREAS, Seattle Emergency Management has reported to me that during the morning of November 30, 1999 the City has experienced civil disturbance; that the circumstances threaten the safety of citizens and public and private property; and that, as described in Section II of this proclamation, the situation is sufficiently serious that I need to declare a civil emergency and exercise the Mayor's civil emergency powers; and WHEREAS, I have reviewed the situation, consulted with City Department Heads and verified the existence of the emergency cited below, and the necessity for me to take immediate, extraordinary action as outlined in the proclamation; NOW, THEREFORE, I, PAUL SCHELL, AS MAYOR OF THE CITY OF SEATTLE DO PROCLAIM THAT: I. CIVIL EMERGENCY POWERS A. A CIVIL EMERGENCY EXISTS REQUIRING ME TO EXERCISE THE EMERGENCY POWERS VESTED IN ME AS MAYOR BY RCW CHAPTER 38.52 and SEATTLE MUNICIPAL CODE CHAPTER 10.02 AS DESCRIBED IN THIS PROCLAMATION; B. EFFECTIVE UPON MY SIGNING THIS PROCLAMATION, I WILL BE EXERCISING THAT AUTHORITY THROUGH THE ISSUANCE OF EXECUTIVE ORDERS AND THROUGH THE USE AND DIRECTION OF SERVICES AND EQUIPMENT; AND C. IT IS UNLAWFUL FOR ANYONE TO FAIL OR REFUSE TO OBEY AN ORDER PROCLAIMED BY ME. II. DETERMINATION OF EMERGENCY Based on my review of the present circumstances, the report of Seattle Emergency Management, and my consultations with City Department Heads, I have determined that these circumstances result in or threaten to result in death or injury to people, or the destruction of property, or the disruption of local government to such an extent as to require me to exercise the authority assumed in Section I and to take the extraordinary measures in Section III in order to prevent death or injury of persons and to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering. III. CONTRACTING AND BORROWING AUTHORITY A. Pursuant to SMC Section 10.02.030, 1 hereby assume the authority to enter into contracts and incur obligations necessary to relieve the emergency, protect the health and safety of persons and property, and provide emergency assistance to the victims, and to exercise them in light of the exigencies of the situation without regard to time- consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to the following limitations and requirements:
I intend to consult with the City Council wherever practical and present legislation to the City Council for review and appropriate action at the earliest practical time. B. I delegate to the following City department heads and officials the authority under my supervision to take the actions identified for and on behalf of the City: To the Fire Chief and Police Chiefs, direction of any necessary population and property protection, as well as control of incidents and maintenance of public peace and order. Other departments and personnel will assist as requested. C. I delegate to City department heads generally the authority to permit the use of City facilities and equipment under their control for supplying necessary food, clothing, medicines, shelter or transportation to care facilities for people in need of assistance; to reassign personnel from their ordinary duties to work deemed necessary for the emergency without regard to job classifications, and to require work beyond normal working hours; and to secure the assistance of volunteers and donations of supplies or the use of equipment in performing tasks that the department head deems most helpful in relieving the emergency. IV. CIRCULATION A copy of this Proclamation shall be delivered to the Governor of the State of Washington and to the County Executive of King County. To the extent practicable, notices of this Proclamation shall be made available to all news media within the City and to the general public. V. PRESENTATION, RATIFICATION, TERMINATION This Proclamation shall at the earliest practicable time be presented to the City Council for ratification and confirmation, modification, or rejection, and if rejected, shall be void. This Proclamation shall be terminated by the issuance of another proclamation when I determine that the extraordinary measures are no longer required for the protection of the public peace, safety and welfare. DATED this 30th day of November 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT B: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle in the Proclamation dated November 30, 1999; and WHEREAS, the existence of persons in public areas in certain location at certain times contributes to the actions causing the civil emergency; and WHEREAS, it is necessary to use extraordinary measures to protect the public peace, safety and welfare; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code Chapter 10.02 and RCW Chapter 38.52. THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: SECTION 1 I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: 1. A general curfew is imposed in the portion of the City described as follows: Denny Way on the north; The I-5 freeway on the east; Yesler Way on the south, and Elliott Bay on the west, Commencing at 7:00 pm November 30, 1999, no person shall enter or remain in a public place as defined in SMC 15.02.046C within the above described curfew area. This general Curfew shall continue until 7:30 am, December 1, 1999, and shall be enforced by the Police Department. SECTION 2 Any person found to be in a public place within the designated location and during the designated time period, shall be in violation of this order and may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. Page two of this proclamation shall reflect the decision of the City Council. DATED this 30th day of November, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT C: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle in the Proclamation Dated November 30, 1999; and WHEREAS, the City continues to experience civil disturbances resulting in injury to persons and damage to property; and WHEREAS, law enforcement's efforts to prevent such continued civil disturbances have included the use of tear gas and pepper spray; and WHEREAS, law enforcement has observed that persons engaging in such civil disturbances have begun using gas masks to thwart law enforcement's efforts to maintain peace and order; and WHEREAS, law enforcement has received information that efforts have been made, and will continue to be made, to purchase or otherwise obtain military equipment, such as gas masks, in order to continue to thwart law enforcement's efforts to maintain peace and order; and WHEREAS, it is imminently necessary to use extraordinary measures to protect life and property; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code, Chapter 10.02 and RCW Chapter 38.52. Therefore, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: SECTION I Until the proclamation of civil emergency, dated November 30, 1999, is terminated, no person or entity shall purchase, sell, convey, or transfer within the City limits, or possess or carry in a public place as defined in SMC 15.02.046C, any device commonly known as a gas mask. This prohibition shall not apply to law enforcement or the military. SECTION 2 Any person found to be violation of this order may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (I 80) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. Page two of this proclamation shall reflect the decision of the City Council. DATED this 1st day of December, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT D: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle ("the City") in the Proclamation Dated November 30, 1999; and WHEREAS, after the issuance of the Proclamation and despite the deployment of hundreds of law enforcement officers, the City continued to experience civil disturbances resulting in injury to persons and damage to property; and WHEREAS, the level of civil disturbances and danger to persons and property has been highest in those areas in which there are protests in the vicinity of World Trade Organization ("WTO") meetings; and WHEREAS, the City understands its obligations to permit expressive activity pursuant to reasonable time, place and manner restrictions necessitated by the existing public safety concerns for WTO delegates, dignitaries, citizens, public safety employees and protesters; and WHEREAS, the Chief of Police and other public safety officials have determined that the safety of WTO delegates, dignitaries, citizens, public safety employees and protesters cannot be preserved without reasonably limiting access to areas used by WTO personnel; and WHEREAS, it is imminently necessary to use extraordinary measures to protect the public peace, safety and welfare; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code, Chapter 10.02 and RCW Chapter 38.52. Therefore, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: SECTION 1 I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED November 30,1999, HEREBY ORDER: 1 . A limited curfew is imposed in the portion of the City within the following boundaries: Starting on the corner of 4th Avenue and Lenora Street, then proceeding south on 4th Avenue to Seneca Street, then east on Seneca Street to the I-5 freeway, then north along the I-5 freeway to Boren Avenue, then north on Boren Avenue to Pine Street, then west on Pine Street to 6th Avenue, then north on 6th Avenue to Lenora Street, then west on Lenora Street to, and concluding at, 4th Avenue and Lenora, as shown in the attached map. Commencing immediately on December 1, 1999, no person shall enter or remain in a public place as defined in SMC 15.02.046C within the above described limited curfew area except the following:
This limited curfew shall continue until 12:00 midnight Friday, December 3, 1999, and shall be enforced by the Police Department and other law enforcement agencies. SECTION 2 Any person found to be in a public place within the designated location except as authorized by this Order during the designated time period, shall be in violation of this order and may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. DATED this 1st day of December, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT E: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle ("the City") in the Proclamation Dated November 30, 1999; and WHEREAS, after the issuance of the Proclamation and despite the deployment of hundreds of law enforcement officers, the City continued to experience civil disturbances resulting in injury to persons and damage to property; and WHEREAS, the level of civil disturbances and danger to persons and property has been highest in those areas in which there are protests in the vicinity of World Trade Organization ("WTO") meetings; and WHEREAS, the City understands its obligations to permit expressive activity pursuant to reasonable time, place and manner restrictions necessitated by the existing public safety concerns for WTO delegates, dignitaries, citizens, public safety employees and protesters; and WHEREAS, the Chief of Police and other public safety officials have determined that the safety of WTO delegates, dignitaries, citizens, public safety employees and protesters cannot be preserved without reasonably limiting access to areas used by WTO personnel; and WHEREAS, it is imminently necessary to use extraordinary measures to protect the public peace, safety and welfare; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code, Chapter 10.02 and RCW Chapter 38.52. THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: SECTION I I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: 1. A limited curfew is imposed in the portion of the City within the following boundaries: Starting on the corner of 4th Avenue and Lenora Street, then proceeding south on 4th Avenue to Seneca Street, then east on Seneca Street to the I-5 freeway, then north along the I-5 freeway to Boren Avenue, then north on Boren Avenue to Pine Street, then west on Pine Street to 6th Avenue, then north on 6th Avenue to Lenora Street, then west on Lenora Street to, and concluding at 4th Avenue and Lenora, as shown in the attached map. Commencing immediately on December 1, 1999, no person shall enter or remain in a public place as defined in SMC 15.02.046C within the above described limited curfew area except the following:
This limited curfew shall continue until 12:00 midnight Friday, December 3, 1999, and shall be enforced by the Police Department and other law enforcement agencies. SECTION 2 Any person found to be in a public place within the designated location except as authorized by this Order during the designated time period, shall be in violation of this order and may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. DATED this 1st day of December 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT F: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle in the Proclamation Dated November 30,1999; and WHEREAS, the existence of persons in public areas in certain locations at certain times contributes to the actions causing the civil emergency; and WHEREAS, it is necessary to use extraordinary measures to protect the public peace, safety and welfare; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code, Chapter 10.02 and RCW Chapter 38.52. Therefore, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: SECTION 1 I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: I. A general curfew is imposed in the portion of the City described as follows: Denny Way on the north; The I-5 freeway on the east; Yesler Way on the south, and Elliott Bay on the west. Commencing at 7:00 pm, December 1, 1999, no person shall enter or remain in a public place as defined in SMC 15.02.046C within the above described curfew area. This general Curfew shall continue until 7:30 am, December 2, 1999, and shall be enforced by the Police Department. SECTION 2 Any person found to be in a public place within the designated location and during the designated time period, shall be in violation of this order and may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. Page two of this proclamation shall reflect the decision of the City Council. DATED this 1st day of December, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT G: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle in the Proclamation Dated November 30, 1999; and WHEREAS, the City continues to experience civil disturbances resulting in injury to persons and damage to property; and WHEREAS, law enforcement's efforts to prevent such continued civil disturbances have included the use of tear gas and pepper spray; and WHEREAS, law enforcement has received information that efforts have been made, and will continue to be made, to purchase or otherwise obtain military equipment, such as gas masks, in order to continue to thwart law enforcement's efforts to maintain peace and order; and WHEREAS, law enforcement has observed that persons engaging in such civil disturbances have begun using gas masks to thwart law enforcement's efforts to maintain peace and order; and WHEREAS, it is imminently necessary to use extraordinary measures to protect life and property; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code Chapter 10.02 and RCW Chapter 38.52. THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: SECTION I Until the proclamation of civil emergency, dated November 30, 1999, is terminated, no person or entity shall purchase, sell, convey, or transfer within the City limits, or possess or carry in a public place as defined in SMC 15.02.046C, any device commonly known as a gas mask. This prohibition shall not apply to law enforcement or the military, or representatives of the press with proper credentials. SECTION 2 Any person found to be violation of this order may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. Page two of this proclamation shall reflect the decision of the City Council. DATED this 1st day of December, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT H: WHEREAS, the Mayor declared a civil emergency exists in the City of Seattle ("the City") in the Proclamation Dated November 30, 1999; and WHEREAS, after the issuance of the Proclamation and despite the deployment of hundreds of law enforcement officers, the City continued to experience civil disturbances resulting in injury to persons and damage to property; and WHEREAS, the level of civil disturbances and danger to persons and property has been highest in those areas in which there are protests in the vicinity of World Trade Organization ("WTO") meetings; and WHEREAS, the City understands its obligations to permit expressive activity pursuant to reasonable time, place and manner restrictions necessitated by the existing public safety concerns for WTO delegates, dignitaries, citizens, public safety employees and protesters; and WHEREAS, the Chief of Police and other public safety officials have determined that the safety of WTO delegates, dignitaries, citizens, public safety employees and protesters cannot be preserved without reasonably limiting access to areas used by WTO personnel; and WHEREAS, it is imminently necessary to use extraordinary measures to protect the public peace, safety and welfare; and WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the Mayor pursuant to Seattle Municipal Code Chapter 10.02 and RCW Chapter 38.52. Therefore, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE HONORABLE PAUL SCHELL, THAT: SECTION 1 I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTION 10.02.020 AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY, DATED NOVEMBER 30,1999, HEREBY ORDER: 1. A limited curfew is imposed in the portion of the City within the following boundaries: Starting on the comer of 4th Avenue and Pine Street, then proceeding south on 4th Avenue to Seneca Street, then east on Seneca Street to the I-5 freeway, then north along the I-5 freeway to Boren Avenue, then north on Boren Avenue to Pine Street, then west on Pine Street to, and concluding at, 4th Avenue and Pine, as shown in the attached map. Commencing immediately on December 2, 1999, no person shall enter or remain in a public place as defined in SMC 15.02.046C within the above described limited curfew area except the following:
This limited curfew shall supercede Local Proclamation Of Civil Emergency Order Number 3 (Revised) and shall continue until 12:00 midnight Friday, December 3, 1999, and shall be enforced by the Police Department and other law enforcement agencies. SECTION 2 Any person found to be in a public place within the designated location except as authorized by this Order during the designated time period, shall be in violation of this order and may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than One Hundred and Eighty (180) days or both such fine and imprisonment (SMC 10.02.110). SECTION 3 At the earliest practical time this Proclamation shall be filed with the City Clerk and presented to the City Council for ratification and confirmation, modification, or rejection. DATED this 2nd day of December, 1999. SS/ Paul Schell Paul Schell, Mayor City of Seattle, Washington EXHIBIT I: WHEREAS, I proclaimed a civil emergency on November 30, 1999, to order to provide for additional resources to support our law enforcement personnel and to provide additional response to disturbances that were resulting in injuries and damage to property in connection with the World Trade Organization Conference; and WHEREAS, time, place and manner restrictions were necessitated by the public safety concerns for WTO delegates, dignitaries, citizens, public safety employees and protestors in connection with and during the World Trade Organization Conference; and WHEREAS, extraordinary efforts and activities were made by Seattle Police personnel and other City, County, and State employees including the National Guard in responding to such civil and other disturbances, and the resulting danger to persons and property; and WHEREAS, the restoration of civil order has progressed sufficiently that my exercise of emergency powers is no longer needed; Now, THEREFORE, I, PAUL SCHELL, MAYOR OF THE CITY OF SEATTLE PROCLAIM THAT: 1. The civil emergency proclaimed on November 30, 1999, as a result of the City's need for additional assistance has terminated and the exercise of the emergency authority vested in me as Mayor by RCW Chapter 38.52 and Seattle Municipal Code Chapter 10.02 is no longer necessary. 2. The powers assumed under my Proclamation of Civil Emergency are hereby relinquished. 3. The extraordinary authorities delegated to city departments in that proclamation are hereby rescinded. 4. This proclamation shall take effect upon my signature, and thereupon my authority under the November 30, 1999 proclamation shall be of no further effect. The termination of my proclamation of civil emergency and the relinquishment of my emergency authority shall not affect the validity of any contracts executed by the City, any debts incurred, any expenditures made, or any actions taken while it was in effect. DATED this 4th day of December, 1999, at 12 p.m. SS/ Paul Schell Paul Schell, Mayor The City of Seattle
Citation: City Council Resolution 30099. 1801-09, Seattle City Council Resolutions. Seattle Municipal Archives. |