Chapter 2.01
EMERGENCY MANAGEMENT CODE
Sections:
2.01.010 Short Title.
2.01.012 “Local Emergency” Defined.
2.01.020 Adoption of the National Incident Management System.
2.01.030 Executive Responsibilities and Line of Succession.
2.01.040 Declaration and Ratification of a Local Emergency.
2.01.050 Declaration of Emergency – Authorized Procedures.
2.01.060 Violations; Penalties.
2.02.010 Appointment of Director of Civil Defense.
2.02.012 Duties.
2.01.010 Short Title.
BC 2.01.010 to 2.01.060 shall be known and may be cited as the “Emergency Management Code” and also may be referred to herein as “this ordinance.” [BC 2.01.010, added by Ordinance No. 3847, 5/3/93]
2.01.012 “Local Emergency” Defined.
A “local emergency” exists whenever the City or an area therein is suffering or in imminent danger of suffering an event that may cause injury or death to persons, or damage to or destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare. Such an event shall include but not be limited to the following: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, terrorist attack and war. [BC 2.01.012, added by Ordinance No. 3847, 5/3/93; amended by Ordinance No. 4012, 7/7/98]
2.01.020 Adoption of the National Incident Management System.
The City adopts the principles and policies of the National Incident Management System (NIMS) as the foundation for its incident command, coordination, and support activities.
A. A core component of NIMS is the Incident Command System (ICS). The City will utilize ICS to manage major emergencies and disaster operations within its jurisdiction.
B. City staff responsible for managing and/or supporting major emergency and disaster operations will be provided appropriate training on NIMS and its core components. [BC 2.01.020, added by Ordinance No. 3847, 5/3/93; Ordinance No. 4309, 5/18/04; Ordinance No. 4366, 9/12/05]
2.01.030 Executive Responsibilities and Line of Succession.
The City Council is responsible for setting policy direction for emergency management through the adoption of an Emergency Management Plan. The Mayor is responsible for ensuring emergency management functions assigned under the plan are carried out.
A. The Mayor or the Mayor’s designee is responsible for administering the implementation of policies contained in the Emergency Management Plan. If the Mayor, for any reason, is unable or unavailable to perform the duties identified under this ordinance, the duties shall be performed in the following order of succession:
1. Assistant to the Mayor.
2. Council President.
3. Police Chief, or the Police Chief’s designee.
B. The powers of the successor to the Mayor shall be limited to those granted under this ordinance and the Charter; the duration of succession shall be until such time as the Mayor is able and available to perform the duties. [BC 2.01.030, added by Ordinance No. 3847, 5/3/93; amended by Ordinance No. 4012, 7/7/98]
2.01.040 Declaration and Ratification of a Local Emergency.
When the Mayor determines that a local emergency exists, the Mayor shall make a declaration to that effect, and within 24 hours, call a special meeting of City Council to ratify the declaration of emergency.
A. A declaration of local emergency can be made to:
1. Implement specific local measures which may be taken to further protect life or property; and/or
2. Request assistance from the county and state, to include requesting a declaration of a “state of emergency” be made by the governor; and/or
3. Request the governor to ask for a presidential “declaration of a major disaster or emergency”, which would initiate actions necessary for local governments and individuals to receive federal disaster assistance.
B. The declaration by the Mayor of a local emergency shall state the following:
1. The nature of the emergency; and
2. Location or geographic area affected; and
3. Description of emergency conditions or threat; and
4. Description of damage or potential damage, if any; and
5. Specific measures to be taken to further protect lives and properties.
C. If the declaration is made to request assistance it should include:
1. Resources committed and actions initiated by the City to alleviate the situation; and
2. A statement requesting the governor to consider the City an “emergency area” and declare a state of emergency and request a presidential declaration if warranted by the situation; and
3. The type of County/State assistance and/or resources required.
D. In addition to the statements enumerated in Section C, the ratification by the City Council of a local emergency shall:
1. State the duration of time during which the area so designated shall remain an emergency area; and
2. Approve or modify specific emergency measures recommended by the Mayor for the duration of the emergency period set forth in the declaration.
E. The local emergency declared by the Mayor or by the Mayor’s successor shall exist for the period set forth in the declaration, but shall not exceed two weeks in duration. However, the local emergency may be extended for additional periods of two weeks, with Council action. [BC 2.01.040, added by Ordinance No. 3847, 5/3/93; amended by Ordinance No. 4012, 7/7/98]
2.01.050 Declaration of Emergency – Authorized Procedures.
Whenever a local emergency has been declared to exist within the City, one or more of the following measures may be taken to further protect life or property:
1. Establishment of a curfew for the area designated as an emergency area which fixes the hours during which all persons, other than officially recognized personnel, may not be upon the public streets or other public places;
2. Prohibition or limitation of the number of persons who may gather or congregate upon any public street, public area, or any outdoor place within the area designated as an emergency area;
3. Barricading of streets and other areas; and vehicular and pedestrian traffic may be prohibited or regulated on streets leading to areas designated as emergency area for such distance as may be deemed necessary under the circumstances;
4. Mandatory evacuation of persons from designated emergency areas;
5. Prohibition of the sale of alcoholic beverages;
6. Prohibit or restrict the sale of gasoline or other flammable liquids;
7. Prohibit or restrict the sale, carrying or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place.
8. Curtailment or suspension of commercial activity;
9. Interruption or termination of water, gas, or electrical service;
10. Redirection of City funds for emergency use and suspension of standard City procurement procedures;
11. Other measures which are imminently necessary for the protection of life or property, including entering into or upon private property to prevent or minimize danger to lives or property. [BC 2.01.050, added by Ordinance No. 3847, 5/3/93; amended by Ordinance No. 4012, 7/7/98]
2.01.060 Violations; Penalties.
A violation of the lawful restrictions imposed by BC 2.01.050 is a Class I Civil Infraction, punishable as provided in BC 2.10.010 to 2.10.045 of the Beaverton Code. [BC 2.01.060, added by Ordinance No. 3847, 5/3/93]
2.02.010 Appointment of Director of Civil Defense.
[BC 2.02.010, repealed by Ordinance No. 3847, 5/3/93]
2.02.012 Duties.
[BC 2.02.012, repealed by Ordinance No. 3847, 5/3/93]