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City of Columbia
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ORDINANCE NO. 05-615-O
AN ORDINANCE ESTABLISHING EMERGENCY OPERATIONS PROCEDURES
AND AUTHORITY FOR SUMMARY REMEDIAL AND REGULATORY MEASURES FOR THE CITY OF
COLUMBIA CITY, OREGON; DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Columbia City
is the governing body of the City; and
WHEREAS, ORS 401.015 expressly places primary
responsibility for emergency planning and response with local governments; and
WHEREAS, the City Council desires to set forth
responsibilities for City Officers and Employees and set forth authority for
emergency regulations and actions in a local ordinance adopted pursuant to the
City's constitutional and statutory authority to regulate and act to protect
public health and safety in the event of an emergency.
NOW, THEREFORE, the City of Columbia City ordains as
follows:
Section 1.
Purpose. The purpose of
this Ordinance is to provide for procedures and regulatory measures, which set
forth the responsibilities and authority of the City in the event an emergency
exists within the City. The regulations
are intended 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 assign authority and responsibilities to various City
Officials, Employees and Departments.
The State has assigned the responsibility for responding to emergencies
to local governments.
Section 2. Emergency. A state of 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 release of oil or hazardous materials as defined
in ORS 466.605, contamination, utility or transportation emergencies, disease,
blight infestation, civil disturbance, unrest, sabotage, acts of terrorism, and
war.
Section 3.
Declaration of State of Emergency.
A. When
circumstances so warrant, any City Officer, City Department Head, or Sworn
Police Officer, after attempting consultation with the City Attorney, may
request the declaration of an emergency from the City Council. The City Council shall consider the request
at a regular or emergency meeting and may declare an emergency in accordance
with this section. If the nature of the
emergency requires that immediate action be taken and it is not reasonably
practicable for an emergency meeting of the Council prior to the time action
must be taken, the Mayor may issue the declaration in accordance with this
section. In all instances in this
Ordinance, in the absence or incapacity of the Mayor, the Council President
shall exercise the powers granted to the Mayor, including the declaration of
emergency. In Council President's
absence or incapacity, any two Council Members may issue the declaration. If two Council Members are unable to act due
to absence or incapacity, the City Administrator or the Emergency Manager may
exercise local declaration authority.
If in the judgment of the Incident Commander, time does not permit
access to the others authorized, the Incident Commander may declare a State of
Emergency. If the declaration is made
by anyone other than a quorum of the City Council in a regular or emergency
meeting, the declaration shall be subject to review and revision by the City
Council, and the City Council shall convene as soon as practical to ratify the
State of Emergency declaration.
[Amended by Ord. No. 08-649-O 8/7/08.
B. Such
declaration shall be in writing and shall:
1. Describe
the nature of the emergency;
2. Designate
the geographical boundaries of the area where the emergency is deemed to exist,
and that portion of the affected area lying within the City limits;
3. Estimate
the number of persons at risk, injured or killed;
4. Identify
the type of Federal, State, County and City assistance or resources required to
respond to the emergency;
5. Estimate
the length of time during which the designated area shall remain in an
emergency state; and
6. State
the specific regulations or emergency measures imposed as a result of the
declaration of emergency.
C. The
Council, or other authorized individual specified in paragraph A above, shall
have the power to request the Governor to declare a state of emergency or
disaster within the City. The request
must be submitted through the governing body of Columbia County.
D. The
Council, or other authorized individual specified in paragraph A above, shall
terminate the state of emergency by proclamation when the emergency no longer
exists or when the threat of an emergency has passed, and if the Governor has
declared a state of emergency, shall ask the Governor to terminate the
declaration.
Section 4. Coordination in a
State of Emergency.
A. The
City hereby adopts the National Incident Management System (NIMS) as the
standard for incident management during all emergency management program
elements including mitigation, preparedness, response, and recovery within the
City's jurisdiction.
B. Whenever
an emergency is declared, the City shall coordinate with and follow applicable
Columbia County Emergency Operations Plans.
In the event of a declaration, City Department Heads, City Police and
City Officers and Employees are authorized without more direction to implement
any City emergency preparedness plans and programs in place, to act in
cooperation with and in accordance with Columbia County Emergency Operations
Plans, and to act in accordance with state statutes, local laws, and emergency
regulations and orders, to protect the health and safety of the citizens of the
City of Columbia City.
Section 5.
Authority of Mayor in a State of Emergency. Whenever
an emergency is declared under this Ordinance, the Mayor, or other authorized
individual in his absence or incapacity, may authorize specific emergency
powers for the duration of the emergency period and the specific areas or
portions of the City wherein the emergency is declared to exist and over which
the City has authority, consistent with the declaration of emergency as
required to protect the public health, safety and welfare, including the
following:
A. A
curfew may be established for the area designated as an emergency area, which
fixes the hours during which all persons, other than public officers and
officials, may not be upon the public streets or in other places;
B. Streets
and areas may be barricaded and vehicular and pedestrian traffic prohibited or
regulated on streets leading to the area designated as an emergency area for
such distance as may be deemed necessary under the circumstances;
C. Persons
may be evacuated from the emergency area, instructed to shelter in place or
given instruction for other protective actions;
D. The
Mayor may prohibit or restrict the sale of alcoholic beverages and the sale of
gasoline or other flammable liquids;
E. The
Mayor may prohibit the sale, carrying, or possession of any weapons or
explosives of any kind on public streets, public places or any outdoor place;
F. The
Mayor may declare other measures as are imminently necessary under the
circumstances for the protection of life or property or to prevent or minimize
danger to lives or property.
These powers are specifically delegated to the Mayor when an
emergency requiring immediate action exists.
Whenever possible, the Mayor shall convene an
emergency meeting of the
City Council to adopt such emergency measures by Ordinance or Resolution as
authorized by ORS 401.309.
Section 6.
Authority to enter Property.
During an emergency declared under this Ordinance, a City Employee or
Agent may enter onto or upon private property, if the person has reasonable
grounds to believe there is a true emergency and an immediate need for
assistance for the protection of life or property, and that entering onto
private land will allow the person to take steps to alleviate the emergency and
prevent or minimize danger to lives or property from the declared emergency.
Section 7.
Suspension of Procurement Requirements. When an emergency is declared under this
Ordinance, and consistent with applicable state law, the Mayor is authorized to
suspend the applicable public procurement requirements, and, to the extent
sufficient funds are available and budgeted, to redirect City funds to pay
expenses incurred as a result of responding to the emergency.
Section 8.
Nonliability for emergency services. During the existence of a declared or undeclared emergency, the
City and any agent of the City engaged in any emergency services activity,
while complying with or attempting to comply with the adopted plan and this
Ordinance, shall not, except in cases of willful misconduct, gross negligence
or bad faith, be liable for the death or injury of any person, or damage or
loss of property as a result of that activity.
Section 9.
Penalty for Violation of Emergency Ordinance, Resolution, Measure Order. No person shall knowingly violate any
regulation promulgated pursuant to this Ordinance, and imposed in a state of
emergency declared under this Ordinance.
Violation of an emergency regulation shall be a Class A misdemeanor.
[Section 10.
Emergency Clause.]
Passed by the Council on November 3, 2005 and approved by the
Mayor on November 4, 2005.