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Ord 2315 - Emergency Mgmt COUNCIL BILL NO. 2386 ORDINANCE NO. 2315 AN ORDINANCE ADOPTING PROCEDURES TO PREPARE FOR AND CARRY OUT ACTIVITIES TO PREVENT, MINIMIZE, RESPOND TO OR RECOVER FROM EMERGENCIES; PROVIDING A PROCESS FOR THE DECLARATION OF A STATE OF EMERGENCY; GRANTING THE AUTHORITY TO ORDER MANDATORY EV ACUATIONS; PRESCRIBING A PENALTY; AND DECLARING AN EMERGENCY. WHEREAS, ORS Chapter 401 provides that cities may establish an emergency management agency; and WHEREAS, city personnel have been trained in emergency procedures and have conducted training exercises to simulate actual emergencies; and WHEREAS, the Woodburn Emergency Management Plan has been developed and specifies the rules and responsibilities of emergency responders in the city; and WHEREAS, it is in the best interests of the residents of the City of Woodburn to pass this ordinance in accordance with the Woodburn Charter and state and federal law; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the Emergency Management Ordinance of the City of Woodburn. Section 2. Purpose. The purpose of this ordinance is to provide procedures to minimize injuries to persons and property and to prepare for, respond to, and recover from any emergency within the incorporated area of the City of Woodburn. This ordinance is implemented by the City of Woodburn Emergency Management Plan. The authority to enact this ordinance is granted by the Woodburn Charter and ORS Chapter 401. Section 3. Definition of Emeq:ency. "Emergency" is defined pursuant to ORS 401.025(4) as "any man-made 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." Section 4. Emeq:ency Manaeement Aeency. Pursuant to ORS 401.305, an "Emergency Management Agency" for the City of Woodburn is hereby established as specified Page 1 - Council Bill No. 2386 Ordinance No. 2315 in the City of Woodburn Emergency Management Plan which is incorporated herein by reference. The functions of the Emergency Management Agency include, but are not limited to, program development, fiscal management, coordination with government and nongovernmental agencies and organizations, public information, personnel training and development and implementation of exercises to test the system. Section 5. Emer~ency Mana2ement Plan. The procedures to prepare for and carry out any activity to prevent, minimize, respond to or recover from emergencies within the City of Woodburn are set out in the City of Woodburn Emergency Management Plan which is incorporated herein by reference. Section 6. Emer~ency Pr02ram Mana2er. The City Administrator shall appoint an Emergency Program Manager who shall be responsible for the organization, administration, and operation of the agency and coordination of emergency activities with county, state, and other governments and private organizations, subject to the direction and control of the City Council and City Administrator. Section 7. Declaration of State of Emer~ency. The authority to declare a state of emergency is delegated to the City Administrator. Ifthe City Administrator is unable to act due to absence or incapacity, the Emergency Program Manager is delegated authority_ Ifin the judgment of the Incident Commander, time does not permit access to the others authorized, the Incident Commander may declare a state of emergency. The City Council shall convene as soon as practical to ratify the state of emergency declaration. The declaration must include a description of the situation, existing conditions, and must delineate the geographic boundaries involved. Section 8. Conditions Required to Declare a State of Emer~ency. A state of emergency may be declared whenever an event or circumstance exists within the City of Woodburn that meets the definition of an emergency and requires a response under the City of Woodburn Emergency Management Plan. Section 9. Authority to Order Mandatory Evacuations. After a state of emergency has been declared, the City Administrator or Incident Commander may order mandatory evacuations of residents and other individuals pursuant to the City of Woodburn Emergency Management Plan if necessary for public safety or the efficient conduct of activities that minimize or mitigate the effects of the emergency. Section 10. Penalty. A. Any person, firm, corporation, association or entity who violates any emergency measure taken under the authority of this ordinance shall be subject, upon conviction, to a fine of not more than $500 per offense. B. Each day of violation shall be deemed a separate offense for purposes of imposition Page 2 - Council Bill No. 2386 Ordinance No. 2315 of penalty. C. The penalty provisions contained in this ordinance are in addition to and not in lieu of any other procedures and remedies provided to the city by law, including equitable relief and damages. Section 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 12. Emert,:ency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form~ ~ .5 - 7 - '200 2- N. Robert Shields, City AttomeY~Date Approved:~ 'chard Jennings, ayor Passed by the Council May 13, 2002 Submitted to the Mayor May 14, 2002 Approved by the Mayor May 14, 2002 Filed in the Office of the Recorder May 14, 2002 ATTEST: ~n~~"~ Mary ';:;~ity Recorder City of Woodburn, Oregon Page 3 - Council Bill No. 2386 Ordinance No. 2315