Chapter 8.16
EMERGENCY PLANNING
Sections:
8.16.030 Definition of emergency.
8.16.050 Declaration of emergency.
8.16.060 Succession of authority.
8.16.070 Regulation and control.
8.16.080 Acquisition of resources.
8.16.100 Responsibility for emergency program management.
8.16.010 Title.
This chapter shall be known as the emergency planning chapter and may be so cited and pleaded and is referred to herein as “this chapter.”
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
8.16.020 Purpose.
The purpose of this chapter is to define the authority and responsibility for emergency planning, to provide a procedure to minimize injury to persons and property and to preserve the established civil authority in the event a state of emergency exists with the city.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
8.16.030 Definition of emergency.
For the purposes of this chapter, “emergency” is defined as any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss to the extent that extraordinary measures must be taken to protect the public health, safety and welfare. Such events shall include, but not be limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous substances, disease, blight, infestation, utility or transportation service disruptions, civil disturbance, riot, sabotage and war.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
8.16.040 Authority of city.
Under the provisions of Oregon Revised Statutes Chapter 401 and applicable municipal charter provisions, the authority and responsibility to organize for and respond to emergency situations is vested in each political subdivision of the state. Oregon Revised Statutes Chapter 401 further authorizes the governing body or executive officer of each city to establish an emergency management agency to perform emergency program management functions, to include, but not be limited to, program development, fiscal management, coordination with nongovernmental agencies and organizations, public information, personnel training and development and implementation of exercises to test the system.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
8.16.050 Declaration of emergency.
When, in the judgment of the City Council, a state of emergency exists, it shall declare in writing and publicize the existence of the emergency. The state of emergency declared pursuant to this section shall specify the area(s) which warrant the exercise of emergency control as listed in Section 8.16.070(1) through (9). If circumstances prohibit the timely action of the City Council, the Mayor may declare a state of emergency provided that approval by a majority of the City Council shall be sought and obtained at the first available opportunity. The Mayor shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985; Ord. 1372, 2006.
8.16.060 Succession of authority.
(1) Upon a declaration of emergency, the Mayor is empowered to assume centralized control of and have authority over all departments and offices of the city in order to implement the provisions of this chapter.
(2) In the event the Mayor is unavailable or unable to perform his/her duties under this chapter, the duties shall be performed by:
(a) President of the Council.
(b) City Administrator.
(c) Police Chief.
(d) Fire Chief.
(3) All references to the Mayor in this chapter shall be deemed to refer to the successor referred to in this section.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985; Ord. 1372, 2006
8.16.070 Regulation and control.
Whenever a state of emergency has been declared to exist within the city, the City Council is empowered to order and enforce the measures listed herein below. However, if circumstances prohibit the timely action of the City Council, the Mayor may order the following measures, provided that approval from a majority of the City Council is sought and obtained at the first available opportunity, or the Mayor’s order will become null and void:
(1) Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places.
(2) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.
(3) Barricade streets or roads, as well as access points onto streets and roads, and prohibit vehicular or pedestrian traffic, or restrict as an emergency area for such distance or degree of regulation as may be deemed necessary under the circumstances.
(4) Evacuate persons from the area designated as an emergency area.
(5) Close taverns or bars and prohibit the sale of alcoholic beverages throughout the city or a portion thereof.
(6) Commit to mutual-aid agreements.
(7) Suspend standard procurement procedures to obtain necessary services and/or equipment.
(8) Redirect funds for emergency use.
(9) Order such other measures as are found to be immediately necessary for the protection of life and/or property.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
8.16.080 Acquisition of resources.
Under this section, the City Council is authorized to extend government authority to nongovernmental resources (i.e., personnel, equipment) which may support regular government forces during an emergency and may enter into agreements with other public and private agencies for use of resources. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985.
8.16.090 Penalty.
(1) Any person, firm, corporation, association or entity who violates any emergency measure taken by the City Council under authority of this chapter shall be subject, upon conviction, to a Class “A” Infraction as specified in GMC 1.08.010 through 1.08.100.
(2) Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.
(3) Where the Oregon Revised Statutes provide for a penalty for the act, commission or omission, the penalty prescribed herein shall be no greater than prescribed by the Oregon Revised Statutes.
Statutory Reference: ORS 401.305 to 401.335
History: Ord. 1052 §1, 1985; Ord. 1344, 2004.
8.16.100 Responsibility for emergency program management.
For the purposes of this chapter, the City Council has appointed the Police Chief as the emergency program manager responsible for managing the city’s emergency program. Specific duties shall include, but not be limited to, the following:
(1) To develop, update and revise the city’s basic emergency operations plan.
(2) To coordinate the activities of city departments and other agencies with emergency services capabilities in the development of individual operational annexes to the basic plan.
(3) To provide for the coordination of emergency plans, programs and operations with the county, neighboring jurisdictions and other public and private agencies with emergency services responsibilities including use of the National Information Management System and National Incident Command System.
(4) To develop working agreements with the county, neighboring jurisdictions and service districts to assure coordinated response to an emergency in the city.
(5) To provide for the procurement of personnel, equipment, materials and supplies from higher authority, and for the accounting thereof for use in the event of a declared emergency.
(6) To provide for coordinated operations under simulated emergency conditions.
(7) To recommend to the council any ordinances, policies or procedures which would assist the council and other city officials in the performance of their duties in preparing for, responding to, and recovering from an emergency.