Chapter 8.24
EMERGENCY SERVICES
Sections:
8.24.030 Emergency designated.
8.24.050 Emergency areas designated.
8.24.060 Executive responsibility—Authority.
8.24.070 Executive responsibility—Designated.
8.24.080 Executive responsibility—Chain of succession.
8.24.090 Executive responsibility—Powers of successor.
8.24.100 Executive responsibility—Reference.
8.24.110 Regulation and control.
8.24.111 Effect of regulatory measures—Exceptions.
8.24.112 Access prior to declaration as emergency area—Findings.
8.24.113 Authority of peace officer to restrict access to areas.
8.24.114 Interfering with emergencies.
8.24.116 Citation—Other enforcement procedures.
8.24.010 Short title.
This chapter shall be know as the “state of emergency ordinance” and may be so cited and pleaded and is referred to herein as “this chapter.” (Ord. O-139-02, Exh. A (part), 2002)
8.24.020 Purpose.
The purpose of this chapter is to provide a procedure 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 unincorporated area of the county or any part thereof. This chapter is also intended to operate in conjunction with the Jefferson County emergency operations plan adopted pursuant to ORS Chapter 401. (Ord. O-139-02, Exh. A (part), 2002)
8.24.030 Emergency designated.
The state of emergency exists whenever the unincorporated area of the county or any part thereof is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to, or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include but not limited to the following:
A. A civil disturbance or riot;
B. A disaster such as flood, windstorm, snow or ice storm, earthquake, volcanic eruption or related activity, fire, explosion or epidemic;
C. The declaration of a war-caused national emergency; and/or
D. Any major disruption of community services such as transportation, power supply, water supply, sanitation or communications; and
E. A health hazard, whether natural or man made. (Ord. O-139-02, Exh. A (part), 2002)
8.24.040 Authority.
When in the judgment of the board of county commissioners a state of emergency exists, they shall forthwith declare in writing and publicize the existence of same. If the circumstances prohibit the timely action of the board of county commissioners, the chairman of the board of county commissioners may declare such a state of emergency provided that the chairman seeks and obtains approval from a majority of the board of county commissioners at the first available opportunity or the chairman’s declaration will become null and void. Upon that declaration, the chairman of the board of county commissioners is empowered to assume centralized control of and have authority over all departments, divisions and other offices of the county in order to implement the purposed of this chapter. The state of emergency declared pursuant to this chapter shall exist for the period set forth in the declaration, but shall not exceed two weeks in duration. The stated of emergency may be extended for additional periods of two weeks. (Ord. O-139-02, Exh. A (part), 2002)
8.24.050 Emergency areas designated.
Within the declaration of a state of emergency referred to in Section 8.24.040 of this chapter, the board of county commissioners, or the chairman pursuant to said Section 8.24.040, shall designate the specific area(s) which warrant the exercise of emergency controls and fix the duration of time during which the area(s) so designated shall remain emergency area(s). (Ord. O-139-02, Exh. A (part), 2002)
8.24.060 Executive responsibility—Authority.
The board of county commissioners for the county is the chief executive local authority for the unincorporated area of the county. As stated in Sections 8.24.040, 8.24.050 and 8.24.110 of this chapter, the county commissioners are principally responsible for declaring a state of emergency, designating emergency area(s) and imposing regulations. (Ord. O-139-02, Exh. A (part), 2002)
8.24.070 Executive responsibility—Designated.
As stated in Section 8.24.040, the chairman of the board of county commissioners is principally responsible for assuming centralized control over county departments, divisions and offices once the board declares an emergency. Also, the chairman of the board of county commissioners is responsible for performing the board of county commissioner’s duties to declare a state of emergency and designate emergency area(s) when the board of county commissioners is unable or unavailable to perform pursuant to Sections 8.24.040, 8.24.050 and 8.24.110 of this chapter. (Ord. O-139-02, Exh. A (part), 2002)
8.24.080 Executive responsibility—Chain of succession.
In the event that the chairman of the board of county commissioners is unable or unavailable to perform his/her duties this chapter during a state of emergency, the duties shall be performed by:
A. The acting chairman of the board of county commissioners; or
B. If the acting chairman of the board of county commissioners is unable or unavailable to perform, the county administrator. (Ord. O-139-02, Exh. A (part), 2002)
8.24.090 Executive responsibility—Powers of successor.
The powers of the successor to the board of county commissioners or the chairman of said board shall be limited to those granted under this chapter and the duration of succession shall be until such time as the person or body of higher priority under this chapter for performance of the duties is able and available to perform the duties of office. (Ord. O-139-02, Exh. A (part), 2002)
8.24.100 Executive responsibility—Reference.
All reference to the chairman of the board of county commissioners in this chapter shall be deemed to refer to the successor referred to in Sections 8.24.060 through 8.24.090, when operable. (Ord. O-139-02, Exh. A (part), 2002)
8.24.110 Regulation and control.
Whenever a state of emergency has been declared to exist within the unincorporated area of the county or a portion thereof, the county sheriff is empowered to order the measures listed herein below in the interest of public health, safety or welfare. However, if the circumstances prohibit the timely action of the sheriff, the senior officer in the sheriff’s designated chain of command may order the following measures provided that the senior officer seeks and obtains approval from the county sheriff at the first available opportunity or the senior officer’s order will become null and void:
A. Establish a curfew and or limit ingress and egress 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;
B. Prohibit or limit the movement or 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;
C. Barricade streets and roads as well as access points onto streets and roads and prohibit vehicular or pedestrian traffic, or restrict or regulate the same in any reasonable manner on any distance or degree of regulation as may be deemed necessary under the circumstances;
D. Evacuate persons from the area designated as an emergency area;
E. Throughout the unincorporated area of the county or a portion thereof:
1. Close taverns or bars, and/or
2. Prohibit the sale of alcoholic beverages;
F. Enter into or upon private property, or direct entry to prevent or minimize danger to lives or property; and
G. Order such other measures as are found to be immediately necessary for the protection of life and/or property. (Ord. O-139-02, Exh. A (part), 2002)
8.24.111 Effect of regulatory measures—Exceptions.
It shall be unlawful for any person to violate any curfew established or measures taken under Section 8.24.110. The provisions of this section shall not apply to official personnel authorized to be on the streets, in parks or other public places during the period of time for which regulatory measures have been taken. (Ord. O-139-02, Exh. A (part), 2002)
8.24.112 Access prior to declaration as emergency area—Findings.
The board of commissioners finds that certain emergencies may require the responding peace officers to immediately restrict public access to the areas affected, before the area has been designated as an emergency area by the board of commissioners pursuant to Section 8.24.060. It is necessary that peace officers who respond to such emergencies have authority to restrict access to the area affected, in order to protect the health, welfare and safety of the people of the county. Sections 8.24.112 through 8.24.114 shall be liberally construed to effectuate the purposes expressed herein. (Ord. O-139-02, Exh. A (part), 2002)
8.24.113 Authority of peace officer to restrict access to areas.
A. Whenever a threat to the public health or safety is created by any fire, explosion, accident, cave-in, or similar emergency, catastrophe or disaster, or by disturbance, riot, presence of an armed person, hostage being held, or other disturbance, a peace officer may restrict or deny access to persons to the area where such threat exists, for the duration of such threat, when the presence of such persons in such area would constitute a danger to themselves or when such officer reasonably believes that the presence of such persons would substantially interfere with the performance of police or other emergency services.
B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of criminal acts, a peace officer may restrict or deny access to any room, building or enclosure, or any open area, by cordoning off such area by the use of person, vehicles, ropes, markers or any other means.
C. As used in this section, “restrict or deny access” means that the peace officer has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom until the reason for such restriction or denial of access no longer exists. (Ord. O-139-02, Exh. A (part), 2002)
8.24.114 Interfering with emergencies.
It is unlawful for any person to stop or remain in the vicinity of a fire, explosion, accident, cave-in, or similar emergency or disaster, or where such an emergency or disaster is threatened, or in the vicinity of a riot, fray or arrest, when that person’s presence may be unsafe for that person or others, or may interfere with rescue, fire fighting or other emergency aid, after being notified by a peace officer to move to a place outside the area of danger or interference. (Ord. O-139-02, Exh. A (part), 2002)
8.24.115 Citation.
A county officer, as defined in the county’s uniform citation ordinance, and or a private citizen may issue a citation for violation of this chapter and the rules and regulations adopted pursuant thereto. Citations shall conform to the requirements of the uniform citation ordinance or other citation forms utilized by state or local law enforcement personnel. (Ord. O-139-02, Exh. A (part), 2002)
8.24.116 Citation—Other enforcement procedures.
The provisions of this chapter are in addition to and not in lieu of any other procedures and remedies provided by law, including equitable relief and damages. (Ord. O-139-02, Exh. A (part), 2002)
8.24.120 Violation—Penalty.
A. Any person, firm, corporation, association or entity who violates any emergency measure taken by the board of county commissioners under authority of this chapter shall be subject upon conviction, to a fine of not more than one thousand dollars ($1,000) per offense.
B. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.
C. However, where Oregon Revised Statutes provide for a penalty for the act, commission or omission, the penalty prescribed herein shall be no greater than prescribed by said Oregon Revised Statutes. (Ord. O-139-02, Exh. A (part), 2002)