In accordance with ORS Chapter 401, the city of Springfield
establishes an emergency management program.
(1)
The
city council shall be responsible for setting policy direction for
the emergency management program as specified in these regulations
and through the adoption of an emergency management plan.
(2)
The
city manager, acting as the director of emergency services, shall
be responsible for the organization, administration, and operation
of the emergency management program during a declared emergency in
accordance with the emergency management plan and state law.
[Section 2.800 amended by Ordinance No. 6236, enacted February 17, 2009]
(1)
The
purpose of the city’s emergency management program is to provide
for the:
(a)
Preparation
and implementation of plans for the protection of persons and property
within this city in the event of an emergency;
(b)
Direction
of the emergency management organization as defined in the city’s
emergency management plan; and
(c)
Coordination
of the emergency functions of the city with all other public agencies
and affected private persons, corporations, and organizations.
(2)
The
emergency management program includes, but is not limited to, the
city’s emergency management plan and the multi-hazard mitigation
plan for the Eugene-Springfield Metropolitan Area, a pre-disaster
planning document.
[Section 2.802 amended by Ordinance No. 6236, enacted February 17, 2009]
The city manager.
Any manmade or natural event or circumstance causing or threatening
loss of life, injury to person or property, human suffering or financial
loss, and includes, but is not limited to, fire, explosion, flood,
severe weather, drought, earthquake, volcanic activity, spills or
releases of oil or hazardous material as defined in ORS 466.605, contamination,
utility or transportation emergencies, disease, blight, infestation,
crisis influx of migrants unmanageable by the county, civil disturbance,
riot, sabotage, and war.
The plan that provides for the effective mobilization of
all of the resources of this city, both public and private, to meet
any condition constituting an emergency, state of emergency, or state
of war emergency, and shall provide for the organization, powers and
duties, services, and staff of the Emergency Management Organization.
The city council shall adopt the emergency management plan by resolution,
and may from time to time amend the plan to reflect changes in federal
or state law, and changing emergency management concepts or lessons
learned in exercises or real events.
All the tasks and activities necessary to provide, support,
and maintain the ability of the emergency management plan to prevent
or reduce the impact of emergency or disaster conditions which include,
but are not limited to, coordinating development of plans, procedures,
policies, fiscal management, coordination with nongovernmental agencies
and organizations, providing for a coordinated communications and
alert and notification network and a public information system, personnel
training, and development and implementation of exercises to routinely
test the emergency management plan.
[Section 2.804 amended by Ordinance No. 6236, enacted February 17, 2009]
The director of emergency services shall be responsible for
administration of the city’s emergency management program. Specific
duties shall include, but not be limited to, the following:
(1)
To develop,
update, and revise the city’s emergency management plan;
(2)
To request
the city council to ratify a declaration of emergency;
(3)
To coordinate
the activities of city departments and other agencies with emergency
services capabilities in the development of individual operational
annexes to the basic plan;
(4)
To provide
for the coordination of emergency plans, programs, and operations
with the county, neighboring jurisdictions, and other public and private
agencies with emergency services responsibilities;
(5)
To develop
working agreements with the county, neighboring jurisdictions, and
service districts to assure coordinated response to an emergency in
the city;
(6)
To establish
an emergency management committee;
(7)
To provide
for exercises under simulated emergency conditions; and
(8)
To recommend
to the city council any ordinances, policies, or procedures which
would assist the city council and other city officials in the performance
of their duties in preparing for, responding to, and recovering from
an emergency.
[Section 2.806 amended by Ordinance No. 6236, enacted February 17, 2009]
(1)
The
director of emergency services may declare a state of emergency when:
(a)
An
emergency requires a coordinated response beyond that which occurs
routinely;
(b)
The
required response is not achievable solely with the added resources
acquired through mutual aid or cooperative assistance agreements;
and
(c)
The
emergency consists of a Level 3 emergency under the city’s emergency
management plan.
(2)
When
the director of emergency services determines that a state of emergency
exists, the director of emergency services shall make a declaration
to that effect and request the mayor to call a special meeting of
the city council in order to ratify the declaration of emergency.
The special meeting of the city council shall occur as soon as possible
after the declaration of emergency. If circumstances prohibit the
timely action of the city council, the director of emergency services
may declare a state of emergency, provided that the approval of a
majority of the city council is sought and obtained at the first available
opportunity. The declaration shall:
(a)
Describe
the nature of the emergency;
(b)
Designate
the geographic boundaries of the area subject to the emergency controls;
(c)
State
the length of time during which the designated area shall remain in
an emergency status;
(d)
State
any special regulations imposed as a result of the state of emergency.
(e)
The
city council may also authorize additional specific emergency powers
for the duration of the emergency period specified in the declaration.
(3)
Upon
that declaration, the director of emergency services shall be empowered
to assume control of and have authority over all departments, divisions,
and offices of the city in order to implement the provisions of the
emergency management program.
(4)
The
director of emergency services shall terminate the state of emergency
by proclamation when the emergency no longer exists.
(5)
The
city council may terminate the declaration of the state of emergency
at any time by majority vote.
[Section 2.808 amended by Ordinance No. 6236, enacted February 17, 2009]
(1)
During
a declared emergency, the director of emergency services may order
the following measures in the interest of the public health, safety,
or welfare, in the area designated as an emergency area:
(a)
Establish
a curfew that fixes the hours during which all other than officially
authorized personnel may 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.
(c)
Barricade
streets and prohibit vehicular or pedestrian traffic, or regulate
the traffic on any public street leading to the emergency area for
such distance as necessary under the circumstances.
(d)
Evacuate
persons.
(e)
Close
taverns or bars and prohibit the sale of alcoholic beverages.
(f)
Prohibit
or restrict the sale of gasoline or other flammable liquids.
(g)
Prohibit
the sale, carrying, or possession of any weapons or explosives of
any kind on public streets, public places, or any outdoor place.
(h)
Curtail
or suspend commercial activity.
(i)
Turn
off water, gas, or electricity.
(j)
Control,
restrict, and regulate by rationing, freezing, use of quotas, prohibitions
on shipments, price fixing, allocation, or other means, the use, sale
or distribution of food, fuel, clothing and other commodities, materials,
goods, and services.
(k)
Close
all roads and highways in such area to traffic or limit the travel
on such roads to the extent necessary and expedient.
(l)
Commit
to mutual aid agreements.
(m)
Suspend
standard procurement procedures to obtain necessary services and/or
equipment.
(n)
Redirect
funds for emergency use.
(o)
Order
such other measures necessary for the protection of life or property,
or for the recovery from the emergency.
(2)
All
orders issued under authority conferred by this section shall have
the full force and effect of law during the declaration of a state
of emergency. All existing laws, ordinances, rules and orders inconsistent
with this chapter shall be inoperative during this period of time
and to the extent such inconsistencies exist.
[Section 2.810 amended by Ordinance No. 6236, enacted February 17, 2009]
During a declared emergency, the director of emergency services
may also:
(1)
Enter
into purchase, lease, or other arrangements with any agency of the
United States or the state of Oregon for temporary housing units to
be occupied by disaster victims.
(2)
Accept
or borrow funds from or passed through by the state of Oregon for
temporary housing for disaster victims.
(3)
Upon
determination that the city will suffer a substantial loss of tax
and other revenues from a major disaster and that there is a demonstrated
need for financial assistance to perform its governmental functions,
apply to the federal and state government, or request the state to
apply on the city’s behalf, for grants and loans and to receive,
on behalf of the city, such grants and loans.
(4)
Determine
the amount needed to restore or resume the city’s governmental
functions, and to certify the same to the state of Oregon or the federal
government.
[Section 2.812 amended by Ordinance No. 6236, enacted February 17, 2009]
During an emergency declared under Section 2.808, a city employee or agent may enter onto or upon private property, if the person has reasonable grounds to believe there is an emergency and an immediate need for assistance for the protection of life or property, and that entering onto private land will allow the person to take steps to alleviate the emergency and prevent or minimize danger to lives or property from the declared emergency.
[Section 2.814 amended by Ordinance No. 6236, enacted February 17, 2009]
In accordance with ORS 401.515, during the existence of a declared
or undeclared emergency, the city and any agent of the city engaged
in any emergency services activity, while complying with or attempting
to comply with the emergency management plan, ORS 401.015 to 401.105
and 401.260 to 401.325 and 401.355 to 401.580 shall not, except in
cases of willful misconduct, gross negligence or bad faith, be liable
for the death or injury of any person, or damage or loss of property
as a result of that activity.
[Section 2.816 amended by Ordinance No. 6236, enacted February 17, 2009]
(2)
Each
day of violation shall be deemed a separate offense for purposes of
imposition of penalty.
(3)
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 the Oregon Revised Statutes.
[Section 2.818 amended by Ordinance No. 6236, enacted February 17, 2009]
The city manager, the assistant city manager, the director of
fire and life safety, the chief of police, the director of public
works, each of the department heads, the city attorney, and the city
prosecutor are hereby authorized, empowered, and directed for and
on behalf of the city to carry out the purposes and intent of the
Springfield emergency management program.
[Section 2.820 added by Ordinance No. 6236, enacted February 17, 2009]
The ordinance codified in this chapter shall take effect after
its second reading and upon its adoption at a regular meeting of the
common council of the city of Springfield and approval by the mayor.
[Section 2.822 added by Ordinance No. 6236, enacted February 17, 2009]
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, that portion shall be deemed
a separate, distinct, and independent provision and that holding shall
not affect the validity of the remaining portion of this chapter.
[Section 2.824 added by Ordinance No. 6236, enacted February 17, 2009]
