Chapter 2.85
EMERGENCY POWERS
Sections:
2.85.020 Emergency declaration.
2.85.030 Police powers during a state of emergency.
2.85.040 Effect of rules and orders during an emergency.
2.85.050 Compensation for seizure of property.
2.85.060 Termination of state of emergency.
2.85.010 Definitions.
“Emergency” includes any manmade or natural event or circumstance 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, 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 and war.
“Major disaster” means any event defined as a “major disaster” by the Act of May 22, 1974, P.L. 93-288. (Ord. 694, § 1; amended by Ord. 1084, Aug. 2, 1994. Code 1983 § 46.110.)
2.85.020 Emergency declaration.
In the event of an “emergency” as defined in MCC 2.85.010, the Mayor shall have authority to declare that a state of emergency exists in Monmouth. In the event of the Mayor’s death or inability to act, the Council President shall have the authority to declare an emergency. In the event of the Mayor’s and Council President’s death or inability to act, the City Manager shall have the authority to declare the state of emergency. In the event of the Mayor’s, Council President’s, and the City Manager’s death or inability to act, the Chief of Police shall have the authority to declare a state of emergency. (Ord. 694, § 2; amended by Ord. 1084, Aug. 2, 1994. Code 1983 § 46.120.)
2.85.030 Police powers during a state of emergency.
During a state of emergency, the City Manager or the City Manager’s designee shall have authority to:
(1) Exercise, within the City, all reasonable police powers necessary to reduce 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 such occurrences;
(2) Suspend provisions of any order or rule of the City, if the City Manager or the City Manager’s designee determines and declares that strict compliance with the provisions of the order or rule would in any way prevent, hinder or delay mitigation effects of the emergency;
(3) Impose a curfew;
(4) Close streets, alleys and parking areas to motor vehicle and/or pedestrian traffic;
(5) 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, water, feed, fuel, clothing and other commodities, materials, goods and services;
(6) Prescribe and direct activities in connection with the use, conservation, salvage and prevention of waste of materials, services and facilities, including, but not limited to, production, transportation, power and communication facilities, training, and supply of medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs; and
(7) Take any other action that may be necessary for the management of resources during a state of emergency. (Ord. 694, § 3; amended by Ord. 1084, Aug. 2, 1994. Code 1983 § 46.130.)
2.85.040 Effect of rules and orders during an emergency.
(1) All rules and orders issued hereunder shall have the full force and effect of City law during the state of emergency. All City ordinances or codes inconsistent with this chapter shall be inoperative during the state of emergency, to the extent such inconsistencies exist.
(2) The authority exercised hereunder may be exercised with respect to the entire City or to any specified part thereof. (Ord. 1084, Aug. 2, 1994. Code 1983 § 46.140.)
2.85.050 Compensation for seizure of property.
When real or personal property is taken under powers granted herein, the owner of the property shall be entitled to reasonable compensation from the City. (Ord. 1084, Aug. 2, 1994. Code 1983 § 46.150.)
2.85.060 Termination of state of emergency.
The Mayor or other person authorized to declare the state of emergency shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency may also be terminated at any time by majority vote of the City Council. When the state of emergency is terminated, the powers granted to the City Manager shall terminate. (Ord. 1084, Aug. 2, 1994. Code 1983 § 46.160.)
2.85.070 Penalty.
Any person who wilfully fails or refuses to abide by any rules or orders issued under MCC 2.85.030 or to obey the lawful commands issued in connection therewith of any enforcement officer or person charged with the responsibility of enforcing the state of emergency shall be guilty of a Class C misdemeanor. (Ord. 1084, Aug. 2, 1994. Code 1983 § 46.170.)