Chapter 2.60
STATE OF EMERGENCY

Sections:

2.60.010    Purpose.

2.60.020    State of emergency.

2.60.030    Declaration of state of emergency.

2.60.040    Powers and authority in state of emergency.

2.60.050    Violation.

2.60.060    Controlling provisions.

2.60.010 Purpose.

This chapter provides a plan to minimize injury or damage to persons and property and to preserve the established civil authority in the event a state of emergency exists within the city. It sets out the authority and responsibilities of city personnel and departments in the event an emergency exists within the city. [Ord. 804 § 1, 2000; Code 2000 § 2.805.]

2.60.020 State of emergency.

A “state of emergency” includes any human made or natural event or circumstance causing or threatening to damage or injury to persons or property or the loss of human or animal life resulting from natural or human causes including flood, volcano, conflagration, tornado, earthquake, civil disturbance, unrest, sabotage or war. [Ord. 804 § 1, 2000; Code 2000 § 2.810.]

2.60.030 Declaration of state of emergency.

(A) When in the judgment of the mayor and/or city manager a state of emergency is thought to exist in the city, the mayor and/or city manager shall, subject to the terms of subsection (B) of this section, proclaim in writing the existence of the state of emergency and setting out the following:

(1) The nature of the emergency;

(2) The geographic boundaries of the area which is subject to the emergency controls; and

(3) The nature of any special regulations or controls to be imposed as a result of the state of emergency.

(B) Concurrent with the proclamation, the mayor shall call a special meeting of the city council to ratify the proclamation’s terms and scope. At the time of the special meeting, which shall be held not more than 24 hours after the issuance of the proclamation, the council shall, in addition to determining whether to ratify the decision of the mayor/city manager concerning the state of emergency, address the following:

(1) The duration during which the area designated in the proclamation shall remain an emergency area; and

(2) Those specific powers which the council deems necessary for addressing the emergency.

(C) Any action taken by the council pursuant to subsection (B) of this section shall be by resolution.

(D) The duration, scope of the powers exercisable in and geographic boundaries of the area subject to emergency controls may be expanded or contracted by the action of the city council. [Ord. 804 § 1, 2000; Code 2000 § 2.815.]

2.60.040 Powers and authority in state of emergency.

Upon the declaration of the state of emergency and thereafter if ratified by the council, the mayor and/or city manager are empowered to take any or all of the following measures in the interest of the public health, safety and welfare:

(A) Redirect city funds available for emergency use and suspend standard city procurement procedures;

(B) Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may be upon or in public streets or places;

(C) Prohibit or limit the number of persons who may gather or congregate upon or in any public street or place;

(D) Barricade streets, prohibit and/or regulate vehicular or pedestrian traffic in and around the area proclaimed to be subject to the state of emergency;

(E) Evacuate persons;

(F) Prohibit or regulate the sale, possession or use of any goods (including alcoholic beverages, gasoline, and weapons) within and around the area subject to the state of emergency;

(G) Curtail or suspend all commercial activity; and

(H) Order or take such other measures as are deemed necessary for the protection of life or property in and around the area during the period. [Ord. 804 § 1, 2000; Code 2000 § 2.820.]

2.60.050 Violation.

Any person who violates any emergency measure shall be subject to a civil penalty of not more than $1,000 per occurrence per day. [Ord. 804 § 1, 2000; Code 2000 § 2.825.]

2.60.060 Controlling provisions.

In the event of an emergency, the provisions of this chapter shall control over any conflicting provisions in the city code. [Ord. 804 § 1, 2000; Code 2000 § 2.830.]