[Ord. No. 1556, 11-5-1974]
[Ord. No. 1556, 11-5-1974; Ord. No. 2917, Amended, 12-20-2022]
The state of emergency exists whenever the City or any area
therein 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 be limited to, the following:
1.
A civil
disturbance or riot;
2.
A disaster
such as flood, windstorm, earthquake, or fire, or explosion;
3.
An
epidemic, pandemic, or public health emergency;
4.
The
declaration of a national emergency;
5.
Any
other emergency declared by the State, or Clackamas, Multnomah, or
Washington Counties;
6.
Any
major disruption of community services such as transportation, power
supply, water service or communications.
[Ord. No. 1556, 11-5-1974]
The purpose of this code 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. No. 1556, 11-5-1974; Ord. No. 2151, Amended, 6-24-1997; Ord. No. 2890, Amended, 3-17-2022]
The City Manager is the chief executive officer of the City
of Lake Oswego. If for any reason the City Manager is unable or unavailable
to perform the duties of office under this Code during a state of
emergency, the duties shall be performed by the City Manager’s
designee. If the City Manager is unable or unavailable to perform
the duties of office under this article and has not appointed a designee,
the duties shall be performed by the following officials in the following
order of succession: an Assistant City Manager, the Fire Chief, and
the Police Chief. If these officials are also unable or unavailable
to perform the duties of office under this Code during a state of
emergency, the duties shall be performed by an employee of the City
of Lake Oswego who shall be designated to do so by the City Council.
The powers of the successor to the City Manager shall be limited to
those granted under this Code, and the duration of succession shall
be until such time as the City Manager is able and available to perform
the duties of office.
[Ord. No. 1556, 11-5-1974; Ord. No. 2151, Amended, 6-24-1997; Ord. No. 2890, Amended, 3-17-2022; Ord. No. 2917, Amended, 12-20-2022]
When, in the judgment of the City Manager or designee, a state
of emergency exists, the emergency shall forthwith be declared in
writing and the existence of same publicized. The state of emergency
declared by the City Manager or designee shall exist for the period
set forth in the declaration, but shall not exceed 72 hours in duration,
and may not be extended, unless within that time the City Council
(or so many members thereof as may be able and available within the
City to perform the duties of their office) passes a resolution confirming
the City Manager’s or designee’s declaration of a state
of emergency. The Council shall also set the expiration date of the
state of emergency as part of the resolution. A declared emergency
may be modified by the City Council at any time.
[Ord. No. 1556, 11-5-1974; Ord. No. 2151, Amended, 6-24-1997]
In the declaration of a state of emergency the City Manager or designee shall designate the geographic boundaries of the area which warrants the exercise of emergency controls and fix the duration of time during which the area so designated shall remain an emergency area, all subject to the powers and duties of the City Council as set forth in LOC § 12.20.820.
[Ord. No. 1556, 11-5-1974; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2917, Amended, 12-20-2022]
Whenever a state of emergency has been declared to exist within
the City, the City Manager is empowered to order the following measures
in the interests of public health, safety or welfare:
1.
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.
2.
Regulate
or prohibit egress and ingress to and from an emergency area; limit
or prohibit the movement of any person or persons within such area;
order the moving or removal of any property within the area and the
evacuation of any person or persons therefrom to the extent that the
City Manager finds human lives or property are endangered; and authorize
or direct the entry into or upon private property to prevent or minimize
danger to lives or property.
3.
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.
4.
Barricade
streets and prohibit vehicular or pedestrian traffic, or regulate
the same on any public street leading to the area designated as an
emergency area for such distance as may be deemed necessary under
the circumstances.
5.
Throughout
the City or any part thereof to prohibit the sale of alcoholic beverages
or the consumption thereof in public places; and to prohibit or restrict
the sale of gasoline or other flammable liquids; and to prohibit the
sale, carrying or possession of any weapons or explosives of any kind
on public streets, public places or any outdoor place.
6.
Order
mandatory evacuations of residents and other individuals after a declaration
of a state of emergency within the jurisdiction of the city limits
of Lake Oswego has been declared. An evacuation authorized by this
subsection shall be ordered only when necessary for public safety
or when necessary for the efficient conduct of activities that minimize
or mitigate the effects of the emergency.
7.
Suspend
the applicable public procurement requirements, and, to the extent
sufficient funds are available and budgeted, to redirect City funds
to pay expenses incurred as a result of responding to the emergency.
8.
Order
such other measures as are imminently necessary for the protection
of life or property.
[Ord. No. 1556, 11-5-1974]
Any person who violates any provision of an order adopted or enacted under authority of this code shall be punished as provided in LOC § 13.02.020.
[Ord. No. 1556, 11-5-1974]
The office of Emergency Services is hereby created to operate
under the direction of the City Manager and to be supervised by an
emergency services coordinator who shall be appointed by and serve
at the pleasure of the City Manager.
[Ord. No. 1556, 11-5-1974; Ord. No. 2890, Amended, 3-17-2022]
It shall be the responsibility of the office of Emergency Services
to recommend to the City Manager a basic emergency services plan to
assist the City Manager in the performance of their duties as directed
by this Code. The City Council shall be advised by the City Manager
of the basic emergency services plan so formulated. In order to develop
and maintain a basic emergency services plan, the duties of the office
of Emergency Services shall include, but not be limited to, the following:
1.
To
have the authority to cause those officials of City departments, bureaus
and other offices with emergency service capabilities to prepare coordinated
but individual operational annexes to the basic emergency services
plan.
2.
To
provide for the procurement of personnel, equipment, material, and
supplies from City and private sources, and for the accounting thereof,
for use in the event of a state of emergency.
3.
To
provide for the coordination of emergency plans, programs and operations
of Federal, State and County agencies, and other public or private
agencies and corporations with emergency service capabilities.
4.
To
provide for, with the consent of the City Council, coordinated operations
under simulated state of emergency conditions.
