Chapter 2.72
EMERGENCY OPERATIONS
Sections:
2.72.015 Adoption of emergency operations plan.
2.72.020 Definition of emergency.
2.72.040 Declaration of emergency – Who may declare emergency.
2.72.050 Appointment of emergency manager and order of succession.
2.72.060 Terms of emergency declaration.
2.72.070 Authorized emergency orders.
2.72.080 Acquisition of resources.
2.72.090 Authority over removal of disaster debris or wreckage – Authorizations required.
2.72.310 Responsibility for emergency management.
2.72.010 Purpose.
The purpose of this chapter is to provide for formal adoption of the updated emergency operations plan (February 2018) and to provide for code authority and procedures for emergency operations to minimize injury to persons, property, and the environment and to preserve the established civil authority in the event that a state of emergency exists within the city of Lincoln City. This code is intended to grant as broad a power as permitted by statutory and constitutional authority. (Ord. 2018-03 § 1)
2.72.015 Adoption of emergency operations plan.
The emergency operations plan (February 2018) as set forth in Exhibit A, attached to the ordinance codified in this chapter and made a part hereof by this reference, is hereby adopted as the emergency operations plan for the city of Lincoln City. Between code updates, the council is expressly authorized to periodically update the attached plan by resolution of the council. (Ord. 2018-03 § 1)
2.72.020 Definition of emergency.
A state of emergency exists whenever any part of the city of Lincoln City is suffering or in imminent danger of suffering from a tornado, storm, high water, wind-driven water, earthquake, tsunami, volcanic eruption, landslide, mudslide, snow or ice storm, drought, fire, explosion, health hazard, infestation, toxic substance, civil disorder, disruption of community services, or any other catastrophe whereby extraordinary measures must be taken to save lives, to protect public health, safety and welfare, to minimize destruction of property or the environment, or to avert or lessen the threat of a major disaster. (Ord. 2018-03 § 1)
2.72.030 Authority.
In addition to local home rule authority, under ORS Chapter 401, local jurisdictions have the authority and responsibility for responding to emergencies. (Ord. 2018-03 § 1)
2.72.040 Declaration of emergency – Who may declare emergency.
A. When, in the judgment of the city council, a state of emergency exists, the city council shall so declare in writing and publicize the existence of same.
1. If the city council is in session or reasonably may be called into an emergency or special session in a timely manner, the city manager, or any duly authorized municipal, county, state or federal official, may request the council to declare the existence or threatened existence of an emergency. For the purposes of requesting the council to declare the existence or threatened existence of any emergency, “city manager” includes any acting city manager or city manager pro tem.
2. If the city council is not in session or available, the city manager is expressly authorized to issue such declaration, subject to council ratification and confirmation, modification or rejection at a public meeting as soon as practicable, but not more than seven days after the declaration.
3. If the city manager is not available, or in such person’s absence, the chief of police is expressly authorized to issue such a declaration, subject to council ratification and confirmation, modification or rejection at a public meeting as soon as practicable.
B. Declarations of emergency issued by any person other than the city council shall be presented as soon as practical to the city council for ratification and confirmation, modification or rejection. Any declaration rejected by a vote of the city council shall be void. Declarations shall be considered in full force and effect until the council declares the emergency has been terminated due to order having been restored in the affected area of the city. In all cases, when the basis for the declaration of emergency no longer exists, the city council shall terminate the declaration.
C. All declarations of emergency shall be signed and shall address the required terms as set forth in LCMC 2.72.060. A declaration may be transmitted by facsimile or over the internet as may be required under the circumstances, and any facsimile signature shall be accepted as if an original, but the originally signed document shall be filed with the city recorder and a copy to the emergency manager as soon as practicably possible.
D. The emergency manager shall be informed of the adoption of a signed declaration of emergency as soon as possible. The emergency manager shall cause any declaration of emergency to be delivered, as appropriate, to the Lincoln County emergency management director, the State of Oregon Director of Emergency Management, state and local public health officials, the Governor’s office, and news media.
E. A person authorized to issue a declaration of emergency shall be considered unavailable if such person is not able to sign and authorize said declaration after hearing or reading all of the terms of the declaration and any orders contained therein. (Ord. 2018-03 § 1)
2.72.050 Appointment of emergency manager and order of succession.
A. Unless or until other appointment by the city council, the emergency manager shall be the first of the following persons available and willing to act:
1. The city manager; if unavailable or unwilling, then
2. The police chief; if unavailable or unwilling, then
3. The public works director.
B. Except when the city manager temporarily or permanently abdicates the city manager’s position as emergency manager or the city council takes superseding action, the emergency manager is hereby appointed the acting city manager with all the powers inherent in said position. Unless prior to an emergency declaration the city council appoints an acting city manager with authority to act as emergency manager, the provision of this section shall control the order of succession.
C. The emergency manager may appoint one or more deputy managers, reporting to the emergency manager, as is consistent with good incident command principles. (Ord. 2018-03 § 1)
2.72.060 Terms of emergency declaration.
An emergency declaration shall state in writing:
A. A description of the nature of the emergency; and
B. The geographic boundaries of the area where the emergency exists as well as the portions lying within the city’s boundaries and areas to be subject to emergency powers/controls; and
C. An estimate of the number of individuals at risk, injured or killed; and
D. A description of the actual or likely damage caused by the emergency; and
E. A statement of the type of assistance or resources required to respond to the emergency; and
F. An estimate of the length of time during which the designated area will remain under the emergency declaration; and
G. Any special regulations or emergency measures, powers or orders imposed as a result of the declared emergency; and
H. Bear the signature of the authorized person making the declaration and the date and time thereof; and
I. The emergency declaration may be amended and updated as necessary, and shall be amended when necessary to reflect needed assistance of state, county and federal authorities consistent with Plan Chapter 1.7.2. (Ord. 2018-03 § 1)
2.72.070 Authorized emergency orders.
Upon the declaration of an emergency, and during the existence of such emergency, the terms of any such declaration may include any of the following or such other terms of emergency orders which are not prohibited by law, allowing the city of Lincoln City to:
A. Redirect funds for emergency use.
B. Suspend standard procurement procedures to obtain necessary goods, services and/or equipment.
C. Prohibit “price gouging.” Specifically, 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 shall mean that person’s or business’s average of the regular price of the goods or services for the 30 days preceding the declaration of the state of emergency.
D. Implement mutual aid agreements, and to enter into any new such agreements or amend existing agreements, under the signature of the emergency manager.
E. Turn off water, gas or electricity.
F. Restrict, regulate or prohibit vehicular or pedestrian traffic for such distance or degree as may be deemed necessary under the circumstances, including the closing to the public of any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings.
G. Enter or pass through private property for the purpose of responding to the emergency and/or for the conduct of damage assessment.
H. Evacuate persons from the area designated as an emergency area. A mandatory evacuation order may be authorized by the emergency manager only when necessary for public safety or for the efficient conduct of activities that minimize or mitigate the effects of the emergency.
I. Establish a curfew during specified hours in specified geographic areas and locations.
J. Prohibit or limit the 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.
K. Assist in the implementation of any order of the federal government, the Governor, State Public Health Director, or local public health representative related to public health or public health emergency, as directed, pursuant to ORS 431.270, 431.264, 433.411 or 401.055, or order.
L. Prohibit possession of loaded firearms, weapons or explosives or any instrument which is capable of producing harm to person or property on public streets, public places or any outdoor place; provided, that any such order shall not apply to firearms possessed by individuals specified in ORS 166.173.
M. Prohibit or restrict the sale, distribution or giving away of gasoline or other flammable liquids, except that such prohibition normally shall not extend to the filling of a gasoline tank properly affixed to a motor vehicle or equipment responding to emergency circumstances, nor to any police or military or other official acting under color of government authority.
N. Curtail or suspend commercial activity.
O. Prohibit or restrict the sale of alcoholic beverages or other intoxicants.
P. Designate any developed or undeveloped city property for temporary emergency operations uses, including but not limited to use as an emergency facility, shelter, overnight shelter, bivouac, mess hall, temporary campground, staging area, inoculation center, distribution center, or similar emergency operation uses. Private or other public property may similarly be designated by the city, with the permission of the property owner, for such emergency uses. The duration of such authorized uses is only during the period of the emergency and for a reasonable period of time after the end of the declared emergency.
Q. Make application to Lincoln County or any other municipal entity for further assistance by way of any existing or newly negotiated mutual aid or intergovernmental agreement, and to make application for a Governor’s declaration of emergency or other such emergency assistance as becomes available under local, state or federal law.
R. Order such other measures as are found to be necessary for the protection of life, property, infrastructure, the environment, or for the recovery from the emergency. Such other measures shall be set forth in writing on the emergency declaration, or added to the declaration when such measures become necessary.
S. On a case-by-case basis, the emergency manager may authorize a written exemption from any emergency measure or order for an individual or group of volunteer emergency responders. (Ord. 2018‑14 § 1; Ord. 2018-03 § 1)
2.72.080 Acquisition of resources.
Under this section, the city council and emergency manager is authorized to extend government authority to nongovernmental resources (i.e., personnel, equipment and land) which may support regular government forces during an emergency and may enter into agreements with other public and private agencies for use of resources. Any citizen so commandeered shall be entitled during the period of such service to all the privileges, benefits and immunities as are provided under ORS Chapter 401, including ORS 401.395, 401.405, 401.515 and 401.424. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation. When volunteers or commandeered persons are engaged during an emergency, records of such person’s identity and the date and type of work or services provided shall be maintained. (Ord. 2018-03 § 1)
2.72.090 Authority over removal of disaster debris or wreckage – Authorizations required.
A. The city may, through the use of city departments or otherwise, clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property, and to accept funds from the federal, state and county governments for the purpose of removing such debris.
B. Authority under this section shall not be exercised unless the owner of private property shall first provide a written unconditional authorization for removal or such debris or wreckage from said owner’s property and provide an agreement to indemnify the city of Lincoln City, Lincoln County, the state of Oregon and the United States against any claim arising from such removal.
C. The purpose of requirements under this section includes compliance with federal and state law for financial reimbursement. If, in the judgment of the emergency manager for the city, the safety of the public or private property requires clearing of any private property in circumstances where it is documented that because of the circumstances of the state of emergency the lawful owner has died, or is incapacitated, or is absent and cannot be reasonably found within the time required to act to protect public health or any other property, the city may document such circumstances and proceed under this section as if the owner had given the required authorization. However, no more than the minimal essential work shall be undertaken without compliance with normal procurement procedures.
D. Under the provisions of ORS Chapter 401, state resources are available when the appropriate response to an emergency is beyond the capability of the county in which it occurs. (Ord. 2018-03 § 1)
2.72.300 Penalty.
Any person, firm, corporation, association or entity that violates any emergency regulation, measure or order taken by the city council or their designee under authority of this chapter shall be subject, upon conviction, to a civil fine as a Class A violation (maximum fine per offense $2,000) and subject to citation in accordance with Chapter 1.16 LCMC. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty. Where the Oregon Revised Statutes provide for a penalty for the act, commission or omission, the penalty prescribed herein shall be no greater than prescribed by Oregon law. (Ord. 2018-03 § 1)
2.72.310 Responsibility for emergency management.
In accordance with ORS Chapter 401, the emergency management agency of the city of Lincoln City shall be the emergency manager as established in the city of Lincoln City emergency operations plan, as currently adopted or amended hereafter. In addition to any duties required under the circumstances, and/or duties or powers accorded under any adopted emergency management plan, the emergency manager shall:
A. Direct coordination and cooperation between city departments, staff and outside districts and governments in responding to the emergency; and
B. Carry out the enforcement of any emergency orders under any declaration of emergency; and
C. In performance of such duties, organize and register volunteers, maintain financial records by log or otherwise, and recommend hiring of new employees to the city manager or the city manager’s designate. (Ord. 2018-03 § 1)
2.72.320 Interpretation.
This chapter shall be interpreted in a manner that will give greatest effect to its purpose and intent. In the event any provision of this chapter is determined to conflict with the Lincoln City Charter, the Charter shall control. (Ord. 2018-03 § 1)