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/designee.
2.20.050 Regulations of persons and property.
2.20.060 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” means the chief executive and administrative officer of the city who supervises and directs the operation of the city.
“Designee” means, in the absence of the city administrator, the individual appointed or designated by the city administrator to assume the role of city administrator during an emergency.
“Emergency” includes any human caused or natural event or circumstances causing or threatening to cause 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. 2003-17 § 1].
2.20.020 Declaration and ratification of emergency.
When the city administrator/designee determines that a state of emergency exists, the city administrator/designee 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 city administrator/designee 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. Any special regulations imposed as a result of the state of emergency.
B. The ratification by the 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. 2003-17 § 2].
2.20.030 Succession of authority.
In the event the city administrator/designee is not available or unable to perform his/her duties under this chapter, the duties shall be performed by:
A. Director of public safety;
B. Mayor;
C. Council president. [Ord. 2003-17 § 3].
2.20.040 Authority of city administrator/designee.
A. During a declared emergency, the city administrator/designee shall have the 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 the 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 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. Whenever the city administrator/designee provides for the clearance of debris or wreckage pursuant to this section, employees of the city or individuals appointed by the city administrator/designee are authorized to enter onto private land or waters and perform any tasks necessary to the removal or clearance operation.
C. Except in cases of willful misconduct, gross negligence or bad faith, any employee or individual appointed by the city administrator/designee 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. 2003-17 § 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/designee 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. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on any public street leading to the emergency area for such a distance as necessary under the circumstances.
C. Evacuate persons.
D. Prohibit the sale of alcoholic beverages.
E. Prohibit or restrict the sale of gasoline or other flammable liquids.
F. Curtail or suspend commercial activity.
G. Turn off water.
H. 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.
I. Close all roads and highways in such area to traffic or limit the travel on such roads to such extent as the city administrator/designee deems necessary and expedient.
J. Order such other measures necessary for the protection of life or property, or for the recovery from the emergency.
K. 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. 2003-17 § 5].
2.20.060 Termination of state of emergency.
The city administrator shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. [Ord. 2003-17 § 6].