Chapter 2.44
EMERGENCY MANAGEMENT*
Sections:
2.44.040 Executive responsibility.
2.44.060 Declaration and ratification of emergency.
2.44.070 Emergency management organization.
2.44.080 Regulation of persons and property.
* Code reviser’s note: Ordinance 98-123 adds the provisions of this chapter as Chapter 2.28. The chapter has been editorially renumbered to prevent duplication of numbering.
2.44.010 General provisions.
This chapter may be cited as the emergency code.
The city of Silverton (city) hereby adopts the “City of Silverton Emergency Plan” (plan) by reference. The purpose of the plan is to coordinate and direct the city’s response to any emergency or disaster situation. The plan develops a set of guidelines to supplement and enhance the emergency management resources of the city of Silverton. All changes to the plan shall be done by resolution of the council. (Ord. 98-123 § 1, 1999)
2.44.020 Compliance.
The plan shall be considered a component of, and shall comply with, all existing federal, state, and county legislation. The emergency management organization (EMO) shall recognize, cooperate with, and abide by federal, state, and county emergency management authorities. Also, the EMO shall recognize and cooperate with special service districts, especially as pertains to any state statute mandated authorities of those special districts during an emergency. No section of the plan shall be adopted that conflicts with emergency management regulations, codes, plans, procedures or guidelines. (Ord. 98-123 § 1, 1999)
2.44.030 Emergency.
A state of emergency exists whenever the city or any area within the city suffers from, or is in imminent danger of suffering from a tornado, storm, flood, high water, wind-driven water, earthquake, mudslide, snowstorm, drought, fire, explosion, toxic substance, civil disorder, or other catastrophe which requires emergency assistance to save lives and protect public health and safety, or to avert or lessen the threat of a major disaster. (Ord. 98-123 § 1, 1999)
2.44.040 Executive responsibility.
The city manager (or the designee) is responsible for implementation of the EMO basic policy, subject to advice of, and concurrence by, the city council. When a state of emergency exists, the city manager becomes the emergency management organization director (EMO director). The mayor, or council president in the absence of the mayor, shall make a declaration of a state of emergency. In the absence of the mayor or council president to consider the declaration, a declaration may be signed by three city councilors. The city council shall consider the declaration of emergency at their next meeting as their first item of business, after roll call. The council shall ratify the declaration by resolution. (Ord. 98-123 § 1, 1999)
2.44.050 Line of succession.
If, during the emergency period, the city manager is unavailable, is fatally injured, or is so seriously disabled as to be unable to perform the duties as EMO director, the chief of police and/or the public works director (or their designee) shall serve as the designated alternates, and shall assume the role of EMO director. (Ord. 98-123 § 1, 1999)
2.44.060 Declaration and ratification of emergency.
A. The declaration prepared by the EMO director of a state of emergency shall:
1. State the nature of the emergency;
2. Designate the geographic location 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. The mayor, or council president in the absence of the mayor, shall make a declaration of a state of emergency, as requested by the EMO director. In the absence of the mayor or council president to consider the declaration, a declaration may be signed by three city councilors. The city council shall consider the declaration of emergency at their next meeting as their first item of business, after roll call. The council shall ratify the declaration by resolution. The declaration 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.
C. During the emergency period, the city manager, as EMO director, will determine the severity of the emergency incident, will activate the EMO accordingly, and will direct the overall response phase. (Ord. 98-123 § 1, 1999)
2.44.070 Emergency management organization.
When an emergency is declared, the city hereby establishes the emergency management organization (EMO). The EMO shall be responsible for the administration of the plan, including update, review, and testing activities as defined in the plan, during the pre-emergency period. The EMO will perform all necessary emergency management functions as directed by the EMO director during the emergency period. The EMO shall also facilitate post-emergency/recovery phase activities. (Ord. 98-123 § 1, 1999)
2.44.080 Regulation of persons and property.
Whenever a state of emergency is declared to exist within the city, the EMO is empowered to order the following measures in the interest of public health, safety or welfare, in the area designated as an emergency area:
A. Redirect city funds for emergency use and suspend standard city procurement procedures;
B. Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;
C. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place;
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;
E. Evacuate persons;
F. Prohibit the sale of alcoholic beverages;
G. Prohibit or restrict the sale of gasoline or other flammable liquids;
H. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place;
I. Curtail or suspend commercial activity;
J. Turn off water, gas, or electricity;
K. Order such other measures as are necessary for the protection of life or property, or for the recovery from the emergency. (Ord. 98-123 § 1, 1999)
2.44.090 Penalties.
A. A violation of SMC 2.44.080 is punishable by a fine not to exceed $2,500.
B. A violation of any other provision of this chapter is punishable by a fine of not more than $2,500. Each day’s continuing violation shall constitute a separate offense.
C. All violations shall comply with ORS Chapter 401. (Ord. 98-123 § 1, 1999)
2.44.100 Effective date.
This chapter shall become effective May 5, 1999. (Ord. 98-123 § 1, 1999)