This chapter may be referred to as the "Emergency Code." To the extent that a conflict exists between this chapter and the Emergency Operations Plan (EOP)adopted pursuant to Section 1.15.010, the provisions of this chapter apply, and govern emergency authority within the City of Milwaukie.
(Ord. 2208 § 1, 2021)
The City of Milwaukie Emergency Operations Plan dated February
2012 is hereby adopted pursuant to ORS Chapter 401.
(Ord. 1864 § 1, 1999; Ord. 2046 § 1, 2012; Ord. 2208 § 1, 2021)
This chapter is designed to provide direction for the City,
its officials, and others consistent with the City's Charter and ORS
401.305 to ORS 401.335 in the event an emergency or disaster is declared
by the City Manager. This chapter is intended to reduce the risk to
City residents, members of the general public, and City infrastructure
of loss of life, injury to persons, or damage to property or to the
environment.
(Ord. 2208 § 1, 2021)
is the person designated by Council to act as the administrative
head of the City government and to exercise the authority to declare
that a state of emergency exists. In the event the incumbent City
Manager is unavailable, for any reason, to exercise the authority
under this chapter, the individuals acting in the following positions
will be deemed designee to the City Manager in the following order
of succession:
means an occurrence or threat of imminent widespread or severe
damage, injury, loss of life, or property damage, regardless of cause,
which the City Manager or designee determines to have caused or to
be likely to cause significant damage as to warrant outside disaster
assistance to supplement the City's own resources.
includes any human-created or natural event or circumstance
causing or threatening to cause significant loss of life, injury to
persons or property, human suffering or financial loss, including,
but not limited to, fire, flood, severe weather, drought, earthquake,
pandemic, and spills or releases of oil or hazardous material as defined
in ORS 466.605.
means a situation meeting the definition of emergency and
proclaimed in writing by the City Manager. If the City Manager is
unavailable to make the declaration, it may then be made in order
of succession authority, or, if a designee to the City Manager is
unavailable, by the acting incident commander as set forth in the
EOP and confirmed in writing by a member of the City Council in the
following successive order:
The mayor;
The current president of the Council;
Then successively through the Council in the order of continuous
tenure serving as a member of the Council. In the event the incumbent
City Manager is unavailable at the inception or during the course
of the emergency, the person making the declaration will have the
authority to act as the manager until the Council selects another
person to act in that capacity.
(Ord. 2208 § 1, 2021)
A.
Authorization.
The EOP describes the conditions required for the declaration of a
state of emergency within the City and the City Manager is the individual
authorized to declare that a state of emergency exists pursuant to
ORS 401.309(1).
B.
Declaration.
Any declaration of emergency must be issued in writing by the City
Manager and will be subject to review and revision by the mayor and
City Council. At a minimum, the declarations will be reviewed during
the next City Council meeting immediately following the date of the
declaration.
The declaration of emergency will:
1.
Describe
the circumstances impacting an identified area;
2.
Designate
the geographic boundaries in which the state of emergency exists;
3.
Clearly
state actions taken locally to respond to the impact and needs;
4.
Identify
the duration of time in which the state of emergency will exist.
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The initial declaration will be effective for no longer than
a two week period, but it may be extended with approval from a majority
of the existing City Council in the event that the emergency continues
to exist.
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The declaration is in effect until the initial declaration period
lapses or the City Manager, or acting designee, terminates the state
of emergency by written proclamation.
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C.
Once
a state of emergency has been declared, the City Manager will have
authority to take actions and issue written orders as deemed to be
necessary and prudent to protect public health and safety, and private
and public property within the city.
D.
After
the initial declaration of emergency is issued, the declaration may
include procedures necessary to prepare for and carry out any activity
to prevent, minimize, respond to, or recover from an emergency. These
procedures may include, but are not limited to, the following measures,
consistent with applicable laws:
1.
Establishing
curfew(s) for area(s) subject to the declaration, including hours
of operation for businesses and other establishments;
2.
Mandating
the evacuation of residents and other individuals from structures
or areas;
3.
Prohibiting,
or regulating the number of persons gathering or congregating on any
public property or outdoor space within the area subject to the declaration;
4.
Closing
or restricting the use of public roads and streets within or leading
to or from the area subject to the declaration;
5.
Restricting
or prohibiting the sale of products deemed dangerous, including, but
not limited to, alcohol, flammable liquids, and explosives;
6.
Declaring
and ordering the abatement of nuisances, including damaged structures;
7.
Waiving
or modifying rules governing purchasing, execution of contracts and
authorizing expenditures;
8.
Suspending
or modifying personnel rules;
9.
Imposing
new fees, or waiving or modifying existing fees;
10.
Prohibiting or restricting the possession of weapons;
11.
Restricting or regulating commercial activity;
12.
Order other measures as are necessary for the protection of life
or property, or for the recovery from the emergency.
(Ord. 1864 § 1, 1999; Ord. 2208 § 1, 2021)
