Chapter 2.35
EMERGENCY MANAGEMENT
Sections:
2.35.030 Emergency management board designee.
2.35.040 Declaration of emergency.
2.35.050 Succession of authority.
2.35.060 Regulation and control.
2.35.070 Acquisition of resources.
2.35.090 Responsibility for emergency management.
2.35.010 Title.
This chapter shall be known as the emergency ordinance of Marion County and may be so pleaded and referred to. [Ord. 995 § 1, 1994.]
2.35.020 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 a state of emergency exists within the unincorporated areas of Marion County or within the incorporated areas of Marion County if assistance is requested by such incorporated jurisdiction. This chapter is adopted pursuant to the authority granted to the Marion County board of commissioners by ORS 203.035 and ORS Chapter 401, especially ORS 401.305 through 401.335. [Ord. 995 § 2, 1994.]
2.35.030 Emergency management board designee.
Annually, when the board of commissioners assigns its committee appointments, the board of commissioners shall appoint one of its members as an emergency management board designee (“the emergency management board designee”) who shall facilitate communication and coordinate emergency management planning and functions between the emergency management director, the board of commissioners, the sheriff, the health department, and other interested parties and groups both inside and outside Marion County. [Ord. 1198 § 3(I), 2004; Ord. 995 § 3A, 1994.]
2.35.040 Declaration of emergency.
When, in the judgment of the board of commissioners, a state of emergency exists, it shall declare in writing and publicize the existence of same. If circumstances prohibit the timely action of the board of commissioners, the emergency management board designee may declare a state of emergency; provided, that the approval of a majority of the board of commissioners is sought and obtained at the first available opportunity.
Upon that declaration, the emergency management board designee is empowered to assume centralized control of and have authority over all departments, divisions, and offices of Marion County in order to implement the provisions of this chapter. The state of emergency declared pursuant to this section shall specify the factors which warrant the exercise of emergency controls. The emergency management board designee shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed. [Ord. 1198 § 3(I), 2004; Ord. 995 § 3B, 1994.]
2.35.050 Succession of authority.
In the event that the emergency management board designee is unavailable or unable to perform his/her duties under this chapter, the duties shall be performed by (in order of succession):
A. The chair of the board (if different from the emergency management board designee).
B. The vice-chair of the board (if different from the emergency management board designee).
C. The third member of the board (if different from the emergency management board designee).
D. The chief administrative officer.
E. The emergency management director.
F. The sheriff. [Ord. 1198 § 3(II), 2004; Ord. 995 § 4, 1994.]
2.35.060 Regulation and control.
Whenever a state of emergency has been declared to exist within unincorporated Marion County, or on the request of a municipality’s governing body, the board of commissioners is empowered to order and enforce the measures listed below. However, if circumstances prohibit the timely action of the board of commissioners, the emergency management board designee may order emergency measures; provided, that approval from a majority of the board of commissioners is sought and obtained at the first available opportunity, or the emergency management board designee’s order will become null and void. Such emergency measures shall include but not be limited to:
A. Establish a curfew 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 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 in the area designated as an emergency area for such 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. Close taverns or bars and prohibit the sale of alcoholic beverages throughout Marion County or a portion thereof.
F. Commit to mutual aid agreements.
G. Suspend standard procurement procedures to obtain necessary services and/or equipment.
H. Redirect funds for emergency use.
I. Order such other measures as are found to be immediately necessary for the protection of life and/or property. [Ord. 1198 § 3(III), 2004; Ord. 995 § 5, 1994.]
2.35.070 Acquisition of resources.
Under this section, the board of county commissioners is authorized to extend government authority to nongovernmental resources (i.e., personnel, equipment) which may support regular government forces during an emergency and may enter into agreements with other public and private agencies for use of resources. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation.
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, the county fails to act, or the emergency involves two or more counties and the Governor determines that lack of coordination is hampering the effectiveness of response to the emergency. [Ord. 995 § 6, 1994.]
2.35.080 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 $500.00 per offense.
B. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.
C. 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 said Oregon Revised Statutes. [Ord. 995 § 7, 1994.]
2.35.090 Responsibility for emergency management.
For the purposes of this chapter, in accordance with ORS Chapter 401, the emergency management director for Marion County shall be appointed by order of the board of county commissioners. The emergency management director shall supervise and control the Marion County emergency management agency and shall be responsible to develop and maintain the emergency program management plan. [Ord. 995 § 8, 1994.]