Chapter 2.20
EMERGENCY MANAGEMENT
Sections:
2.20.020 Declaration and ratification of emergency.
2.20.030 Succession of authority.
2.20.040 Authority of city administrator/recorder.
2.20.050 Regulations of persons and property.
2.20.060 Additional powers during emergency.
2.20.070 Termination of state of emergency.
2.20.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is clearly intended.
“City administrator/recorder” means the city administrator/recorder or city administrator/recorder’s designee.
“Emergency” includes any human-caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes but is not limited to fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. [Ord. 99-294-O § 1].
2.20.020 Declaration and ratification of emergency.
When the mayor determines that a state of emergency exists, the mayor shall make a written declaration to that effect, and within 24 hours, call a special meeting of the city council to ratify the declaration of emergency, or if a quorum of the council is not available, then as soon as a quorum can be assembled.
A. The declaration by the mayor of a state of emergency shall specify:
1. The nature of the emergency.
2. The geographical boundaries of the area subject to the emergency management procedures.
3. The duration of time during which the area so designated shall remain an emergency area.
4. Any special regulations imposed as a result of the state of emergency.
B. The ratification by the city council may also authorize additional specific emergency powers for the duration of the emergency period set forth in the declaration. Failure by the city council to ratify the declaration shall cause the declaration and state of emergency to terminate and thereafter to be null and void. [Ord. 99-294-O § 2].
2.20.030 Succession of authority.
In the event the mayor is not available or is unable to perform his/her duties under this chapter, the duties shall be performed by:
A. Mayor pro tem.
B. City administrator/recorder. [Ord. 99-294-O § 3].
2.20.040 Authority of city administrator/recorder.
A. During a declared emergency, the city administrator/recorder shall have authority to:
1. Exercise, within the area designated in the proclamation, all police powers vested in the city by the Oregon Constitution, city Charter and city ordinances in order to reduce the vulnerability of the city to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies.
2. Direct any department of the city to utilize and employ city personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the departments to provide supplemental services and equipment to federal, state or local agencies to restore any services in order to provide for the health and safety of the citizens of the city.
3. Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with and work under such coordinator or to cooperate with other agencies engaged in emergency work.
4. Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area.
5. Clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.
B. In exercising this authority the city administrator/recorder may:
1. Accept funds from the federal government or the state of Oregon for the purpose of removing debris or wreckage from publicly or privately owned land or water.
2. Present to the state of Oregon unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, agree to indemnify the state government against any claim arising from such removal.
C. Whenever the city administrator/recorder provides for clearance of debris or wreckage pursuant to this section, employees of the city or individuals appointed by the city administrator/recorder are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.
D. Except in cases of willful misconduct, gross negligence or bad faith, any employee or individual appointed by the city administrator/recorder authorized to perform duties necessary to the removal of debris or wreckage shall not be liable for death of or injury to persons or damage to property. [Ord. 99-294-O § 4].
2.20.050 Regulations of persons and property.
When a state of emergency is declared to exist and has been ratified, the city administrator/recorder may order the following measures in the interest of the public health, safety, or welfare, in the area designated as an emergency area:
A. Redirect city funds for emergency use and suspend standard city procurement procedures.
B. Establish a curfew that fixes the hours during which all other than officially authorized personnel may be upon the public streets or other public places.
C. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place.
D. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on any public street leading to the emergency area for such distance as necessary under the circumstances.
E. Evacuate persons.
F. Prohibit the sale of alcoholic beverages.
G. Prohibit or restrict the sale of gasoline or other flammable liquids.
H. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places or any outdoor place.
I. Curtail or suspend commercial activity.
J. Turn off water.
K. Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services.
L. Close all roads and highways in such area to traffic or limit the travel on such roads to such extent as the city administrator/recorder deems necessary and expedient.
M. Order such other measures necessary for the protection of life or property, or for the recovery from the emergency.
N. All orders issued under authority conferred by this section shall have the full force and effect of law during the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with this chapter shall be inoperative during this period of time and to the extent such inconsistencies exist. [Ord. 99-294-O § 5].
2.20.060 Additional powers during emergency.
During the existence of an emergency, the city administrator/recorder may:
A. Enter into purchase, lease or other arrangements with any agency of the United States or the state of Oregon for temporary housing units to be occupied by disaster victims.
B. Accept or borrow funds from or passed through by the state of Oregon for temporary housing for disaster victims.
C. Upon determination that the city will suffer a substantial loss of tax and other revenues from a major disaster and that there is a demonstrated need for financial assistance to perform its governmental functions, apply to the federal and state government, or request the state to apply on the city’s behalf, for grants and loans and to receive on behalf of the city such grants and loans.
D. Determine the amount needed to restore or resume the city’s governmental functions, and to certify the same to the state of Oregon or the federal government. [Ord. 99-294-O § 6].
2.20.070 Termination of state of emergency.
The mayor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. [Ord. 99-294-O § 7].
2.20.080 Due process.
Any person claiming a deprivation of liberty or property due to this chapter shall be entitled to a hearing before the municipal court judge. The hearing shall be held as soon as practicable after execution of the questioned order. The aggrieved party shall have the right to appear in person and/or by counsel and may present evidence to support his/her grievance. The city shall present evidence in support of its action. The judge shall determine whether the questioned action was lawful and proper, and shall be empowered to restore any property or other rights of which the grievant was unlawfully deprived. The judge shall not have authority to award monetary compensation or damages. Claims for compensation or damages shall be made in the manner otherwise provided by law. The city or any aggrieved party shall have the right to appeal the judge’s decision. Such appeal shall be taken and perfected in the manner provided by law. [Ord. 23-418-O § 5; Ord. 99-294-O § 8].
2.20.090 Penalty.
Violation of this chapter shall be a crime punishable by a fine not exceeding $1,000. [Ord. 23-418-O § 6; Ord. 99-294-O § 9].