Chapter 2.80
EMERGENCY OPERATIONS
Sections:
2.80.030 City manager responsibility.
2.80.040 Declaration and ratification of emergency by mayor and city council.
2.80.050 Emergency operations procedures.
2.80.060 Compensation for seizure of property.
2.80.070 Termination of state of emergency.
2.80.010 Purpose.
The purpose of this chapter is to reduce the vulnerability of the city and its residents to loss of life, injury to persons or property, human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies. [Ord. 531, 2019].
2.80.020 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 intended.
A. “Emergency” included any human caused or natural event or circumstances 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, earthquake, spills or releases of oil or hazardous material, contamination, disease, civil disturbance, terrorism, riot, or the interruption of essential public services.
B. “Emergency operations plan” means that plan approved by the city council and the South Lane County fire and rescue district board.
C. “City manager” means the city manager or manager’s designee. [Ord. 531, 2019].
2.80.030 City manager responsibility.
A. The city manager is responsible for preparation and implementation of the emergency operations plan. The emergency operations plan shall provide policies and procedures for city response to and management of emergency situations and for the use of the powers delegated to the city manager by this chapter. The plan shall, at a minimum, provide for the following:
1. Emergency command and coordination of the appropriate response actions;
2. Communication systems; and
3. Departmental responsibilities and procedures.
B. The city manager shall advise the city council of the basic emergency operations plan. The plan shall:
1. Outline the personnel, equipment, material, and supplies from city and private sources that can be procured, when available, for use in the event of a state of emergency;
2. Provide for the coordination of emergency activities, programs, and operations of federal, state, and county agencies, and other public and private agencies and corporations with emergency service capabilities; and
3. Provide for coordinated operations under state of emergency conditions. [Ord. 531, 2019].
2.80.040 Declaration and ratification of emergency by mayor and city council.
A. When the mayor determines that a state of emergency exists, the mayor shall make a written declaration to the effect, and within 24 hours, call a special meeting of the city council to ratify the declaration of emergency via council resolution, or if a quorum of the council is not available, then as soon as a quorum can be assembled. If the mayor, for any reason, is unable or unavailable to perform these duties, then the duties shall be performed in the following order of succession:
1. City council president.
2. City council members in order of seniority in office.
B. The declaration by the mayor of a state of emergency shall:
1. State the nature of the emergency;
2. Designate the geographical boundaries of the area subject to the emergency procedures;
3. State the duration of time during which the area so designated shall remain an emergency area; and
4. State any special regulations imposed because of the state of emergency.
C. All orders issued pursuant to this chapter shall have the full force and effect of law during a state of emergency. All existing laws, ordinances, rules and orders inconsistent with this chapter shall be inoperative during the period and to the extent such inconsistencies exist. [Ord. 531, 2019].
2.80.050 Emergency operations procedures.
During a declared emergency, the city manager in the interest of the public health, safety and general welfare, in any area designated as an emergency area, shall have the authority to:
A. 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;
B. Suspend enforcement of any order or rule of the city, if the city manager 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;
C. Impose a general curfew;
D. Order a mandatory evacuation of residents and other individuals;
E. Close streets, alleys and parking areas to motor vehicle and/or pedestrian traffic;
F. 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;
G. 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
H. Take any other action that may be necessary for the management of resources during a state of emergency. [Ord. 531, 2019].
2.80.060 Compensation for seizure of property.
When real or personal property is taken under powers granted herein, the owner of the property may claim reasonable compensation from the city. [Ord. 531, 2019].
2.80.070 Termination of state of emergency.
The mayor shall terminate the state of emergency by written declaration when the emergency no longer exists. The state of emergency proclaimed by the mayor may be terminated at any time by resolution of the city council. [Ord. 531, 2019].
2.80.080 Due process.
Any person claiming a deprivation of liberty or property by any order of the city manager pursuant to this chapter shall be entitled to a hearing before the municipal court judge. The hearing shall be held as soon as practicable after execution of the questioned order. The aggrieved party shall have the right to appear in person or by counsel and may present evidence to support the grievance. The city shall present evidence in support of its action. The judge shall determine whether the questioned action was lawful and proper and shall be empowered to restore any property or other rights of which the grievant was unlawfully deprived. The judge shall not have authority to award or deny monetary compensation or damages. Claims for compensation or damages shall be made in the manner otherwise provided by law. The city or any aggrieved party shall have the right to appeal the judge’s decision. [Ord. 531, 2019].
2.80.090 Penalty.
Violation of any provision of this chapter of the Creswell Municipal Code and of any orders issued pursuant to this chapter shall be a violation punishable by a fine not exceeding $500.00. [Ord. 531, 2019].