Chapter 2.40
EMERGENCY POWERS
Sections:
2.40.030 Executive responsibilities and line of succession.
2.40.040 Adoption of an incident command system.
2.40.050 Emergency program manager.
2.40.060 Declaration and ratification of emergency.
2.40.070 Regulation of persons and property.
2.40.080 Price gouging prohibited.
2.40.010 Purpose.
The purpose of this chapter is to provide a plan to minimize injury to persons and property, and to preserve the established civil authority in the event that a state of emergency exists within the city. (Ord. 5-2004 § 1; Ord. 11-1991 § 1)
2.40.020 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 and war. (Ord. 5-2004 § 1; Ord. 11-1991 § 2)
2.40.030 Executive responsibilities and line of succession.
The city council is responsible for setting policy direction for emergency management through the adoption of an Emergency Management and Operations Plan. Emergency management functions assigned under the plan are authorized under the direction of the council and the supervision of the city manager.
The city manager is responsible for implementation of policies assigned under the Emergency Management and Operations Plan. If the city manager, for any reason, is unable or unavailable to perform the duties under this chapter during a declared emergency, the duties shall be performed in the following order of succession: (1) chief of police and (2) director of public works.
The powers of the successor to the city manager shall be limited to those granted under this chapter and the duration of succession shall be until such time as the city manager is able and available to perform the duties. (Ord. 8-2021 § 1; Ord. 5-2004 § 1; Ord. 11-1991 § 3)
2.40.040 Adoption of an incident command system.
Whereas the Oregon Occupational Safety and Health Division (OSHA) has adopted rules governing emergency response and hazardous waste operations which require local government to take certain actions and OSHA rules require that emergencies be responded to in a specified manner, and since confusion may occur if response is not consistent for all emergencies and there is a need to identify and use a standard response system and common terminology with other jurisdictions who may respond within the city. By this chapter the city adopts the Incident Command System (ICS) component of the National Interagency Incident Management System (NIIMS) as a model for managing emergencies within city jurisdiction. (Ord. 5-2004 § 1; Ord. 11-1991 § 4)
2.40.050 Emergency program manager.
ORS 401.305 states each county of this state shall, and each city may, establish an emergency management program. Although the city of Fairview will rely on support from the Multnomah County Department of Emergency Management, the city shall establish, for the protection of our citizens, an emergency management program administered by the chief of police who will also serve as the emergency program manager. The chief of police may establish an emergency management team to assist in the planning and implementation of the city’s emergency management plan. (Ord. 5-2004 § 1)
2.40.060 Declaration and ratification of emergency.
When the city manager determines that a state of emergency exists, the city manager shall make a declaration to that effect and request that the mayor call a special meeting of the city council in order to ratify the declaration of emergency. In the event that a quorum of council members is unable to assemble, the declaration of emergency remains in effect.
A. The declaration by the city manager of a state of emergency shall:
1. State the nature of the emergency; and
2. Designate the geographic boundaries of the area which is subject to the emergency controls; and
3. State any special regulations imposed as a result of the state of emergency.
B. In addition to the statements enumerated in subsection A of this section, the ratification by the city council of a state of emergency shall:
1. State the duration of time during which the area so designated shall remain an emergency area;
2. Authorize specific emergency powers for the duration of the emergency period set forth in the declaration. (Ord. 8-2021 § 1; Ord. 5-2004 § 1; Ord. 11-1991 § 6)
2.40.070 Regulation of persons and property.
Whenever a state of emergency is declared to exist within the city, the city manager is empowered to 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 available for emergency use and suspend standard city procurement procedures; and
B. Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may be upon the public streets or other public places; and
C. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place; and
D. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the emergency area for such distance as may be deemed necessary under the circumstances; and
E. Evacuate persons; and
F. Prohibit the sale of alcoholic beverages; and
G. Prohibit or restrict the sale of gasoline or other flammable liquids; and
H. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place; and
I. Curtail or suspend commercial activity; and
J. Turn off water, gas or electricity; and
K. Order such other measures as are necessary for the protection of life or property, or for the recovery from the emergency. (Ord. 8-2021 § 1; Ord. 5-2004 § 1; Ord. 11-1991 § 7)
2.40.080 Price gouging prohibited.
A. Whenever a state of emergency is declared to exist, no person or business may sell or attempt to sell any goods or services for a price in excess of the normal market price which existed for a good or service prior to the state of emergency. “Normal market price” shall mean the person’s or business’s average of the regular price of the goods or services for the 30 days preceding the state of emergency.
B. When a person starts a business or acquires inventory after the commencement of a state of emergency, the price of any goods or services during the state of emergency shall be consistent with the normal market price of the industry for such goods or services, with consideration given to demonstrated higher costs associated with the new business or inventory. (Ord. 5-2004 § 1)
2.40.090 Penalties.
Any person who knowingly violates emergency measures issued by the city manager under authority of this chapter shall be subject to a fine not to exceed $500.00 or by imprisonment not to exceed six months, or by both fine and imprisonment. (Ord. 8-2021 § 1; Ord. 5-2004 § 1; Ord. 11-1991 § 8. Formerly 2.40.080.)