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]
Director of Emergency Services.
The city manager.
Emergency.
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.
Emergency Management Plan.
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.
Emergency Management Program.
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]
(1) 
Any person, firm, corporation, association, or entity who violates any emergency measure or lawful order by a city official taken under authority of the emergency management plan or sections 2.800 to 2.818 shall be subject, upon conviction, to a fine of not more than $500.00 per offense.
(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]