[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.
