Ordinance No. 19-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19-0 I
AN ORDINANCE AMENDING CHAPTER 7.74 OF THE TIGARD MUNICIPAL CODE TO
UPDATE THE CITY'S EMERGENCY OPERATIONS PROCEDURES
WHEREAS, Chapter 7.74 of the Tigard Municipal Code establishes the City's emergency operations
procedures;and
WHEREAS,the existing Code is in need of updates for clarification and conformance with state statutes.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard City Council amends Chapter 7.74 of the Tigard Municipal Code as shown in the
attached Exhibit "A" (additional language is shown in underline and deleted text is shown
in s-tiiketlirettgh).
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By L.1-1 vote of all Council members present after being read by number
and title only,this ignaday of V G _,2019.
Kelly Burgoyne, Deputy City Recorder
T-
APPROVED: By Tigard City Council this day of - (L L ,2019.
Ja . Snider,Mayor
Approved as to form:
City Attorney
ORDINANCE No. 19-6 I
Page 1
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 7.74 EMERGENCY OPERATIONS management plan, together with corresponding
hazard-specific plans and resource and call lists.
Sections: The plan shall sets out emergency procedures for
the city to implement when responding to various
7.74.000 Emergency Management Code types of significant emergencies. The plan shall be
7.74.010 Short Title is on file with the city recorder and also on the
7.74.020 Emergency Management Plan city's website. Internet at the following address:
7.74.030 Agreements http://www.tigard or.gov/city_hall/departments!
7.74.040 "Local Emergency"Defined ... ' _ -..- . yAslefaelt.asp.
7.74.050 Adoption of the National
Incident Management System B. The plan may be changed or updated
7.74.060 Executive Responsibilities and from time to time as follows: The city council
Line of Succession shall have has authority to adopt or amend Section
7.74.070 Declaration and Ratification of 1, Administrative Overview, and Section la,
a Local Emergency Basic Plan, of the plan, as these sections serve as
7.74.080 Declaration of Emergency— the policy direction for emergency operations.
Authorized Procedures The emergency program manager ,hall have has
7.74.090 Violations—Penalties authority to amend other sections or documents
associated with the plan. (Ord. 10-03 §1)
7.74.000 Emergency Management Code
7.74.030 Agreements
Pursuant to ORS 401.305, related to the
emergency management powers of local In accordance with the city's procurement
governments, an emergency management agency procedures, the emergency program manager is
for the City of Tigard is established. Subject to the authorized to negotiate, prepare, and recommend
appointment by the city manager, the emergency agreements between the city and public agencies
program manager than have has responsibility for or private parties in furtherance of the policies set
the organization, administration, and operation of forth in the plan. Emergency contracts shall may
the emergency management agency during an be entered into in accordance with Tigard's Public
emergency in accordance with the emergency Contracting Rules Section 80.010. (Ord. 10-03
management plan. (Ord. 10-03 §1) §1)
7.74.010 Short Title 7.74.040 "Local Emergency" Defined
Chapter 7.74 shall be known and may be A. A "local emergency" exists whenever
cited as the "Emergency Management Code" and the city or an area impacting part of the city is
also may be referred to herein as "this chapter." suffering, or in imminent danger of suffering, an
(Ord. 10-03 §1) incident that may cause injury or death to persons,
or damage to or destruction of property to the
7.74.020 Emergency Management Plan extent that extraordinary measures must be taken
to protect life,property, or the environment.
A. The emergency management plan
referred to herein consists of the emergency B. Such an incident shall may include, but
7-74-1
Exhibit A
TIGARD MUNICIPAL CODE
not be limited to, the following: fire, explosion, the duties identified under this chapter, the duties
flood, severe weather, landslide, drought, shall will be performed in the following order of
earthquake, volcanic activity, spills or releases of succession:
oil or hazardous material as defined in ORS
466.605, contamination, utility or transportation 1. Council president or council
emergencies, pandemic, disease, blight, member.
infestation, civil disturbance, riot, sabotage,
terrorist attack and war. The mayor, or the 2. City manager or the assistant city
mayor's successor, has the authority to declare a manager.
local emergency subject to the provisions of
Section 7.74.070.(Ord. 10-03 §1) 3. Police chief or the police chief's
designee.
7.74.050 Adoption of the National
Incident Management System 4. Public works director or the public
works director's designee.
The principles and policies of the National
Incident Management System (NIMS) shall serve B. The powers of the successor to the
as the foundation for the city's incident command, mayor shall bo are limited to those granted under
coordination,and support activities. this chapter and the Charter. The duration of
succession shall will be until such time as the
A. To the extent possible, the city will mayor is able and available to perform his or her
utilize the Incident Command System (ICS) of duties.(Ord. 10-03 §1)
NIMS to manage major emergencies and disaster
operations within its jurisdiction. 7.74.070 Declaration and Ratification of
a Local Emergency
B. City staff responsible for managing
armor supporting major emergency and disaster When the mayor, or the mayor's successor,
operations will be provided appropriate training determines that a local emergency exists, the
on NIMS, ICS and its core components. (Ord. 10- mayor,or the mayor's successor,shall will make a
03 §1) declaration to that effect, and within 24 hours,call
a special meeting of city council to ratify the
7.74.060 Executive Responsibilities and declaration of emergency. City council's
Line of Succession ratification of the declaration of emergency will
be by ordinance or resolution.
Notwithstanding the following, the city
manager is responsible for ensuring emergency A. A declaration of local emergency can be
management functions assigned under the plan are made to:
carried out.
1. Implement specific temporary local
A. The mayor, or the mayor's designee, measures which may be taken to protect life,
shall will administer the implementation of property, or the environment.
policies contained in the plan. If the mayor, for
any reason, is unable or unavailable to perform 2. Request assistance from the county
7-74-2
Exhibit A
TIGARD MUNICIPAL CODE
and/or state,to include requesting a declaration of D. In addition to the requirements of
a"state of emergency"made by the governor. subsections B and C of this section, the
ratification by the city council of a local
3. Request the governor ask for a emergency chall must:
presidential "declaration of a major disaster or
emergency," which would initiate actions 1. State the duration of time for the
necessary for local governments and individuals declaration of the state of emergency doming
to receive federal disaster assistance. which the designated arca remain an emergency
area; and
B. The declaration by the mayor, or the
mayor's successor, of a local emergency shall 2. Approve or modify specific
must state the following: emergency measures recommended by the mayor,
or the mayor's successor, for the duration of the
1. The nature of the emergency; emergency period set forth in the declaration.
2. Location or geographic area E. The declaration of a local emergency,as
affected; ratified by city council, must limit the duration of
the state of emergency to the period of time
3. Description of emergency during which the conditions giving rise to the
conditions or threat; declaration exist or are likely to remain in
existence, declared by the mayor, or the mayor's
4. Description of damage or potential successor,shall exist for the period set forth in the
damage, if any;and
5. Specific measures to be taken to ... . , .. •
protect lives and properties. city council approval. (Ord. 10-03 § 1)
C. If a declaration is made to request 7.74.080 Declaration of Emergency—
assistance, in addition to the statements required Authorized Procedures
in subsection B of this section, the declaration
shall must include: Whenever a local emergency has been
declared to exist within the city, one or more of
1. Resources committed and actions the following temporary emergency measures
initiated by the city to stabilize the situation; may be taken to protect life, property, or the
environment:
2. A statement requesting the
governor consider the city an "emergency area," A. Establishment of a curfew for the area
declare a state of emergency, and, if warranted, designated as an emergency area which fixes the
request a presidential declaration;and hours during which all persons, other than
officially recognized personnel, may be upon the
3. The type of assistance and public streets or other public places.
resources required.
B. Prohibition or limitation of the number
7-74-3
Exhibit A
TIGARD MUNICIPAL CODE
of persons who may gather or congregate upon
any public street,public area, or any outdoor place 7.74.090 Violations—Penalties.
within the area designated as an emergency area.
No person shall knowingly violate any
C. Barricading of streets and other areas. regulation promulgated pursuant to this chapter,
Vehicular and pedestrian traffic may be prohibited and imposed in a state of emergency declared
or regulated on streets leading to areas designated .. .. - ..
as emergency areas for such distance as may be knowingly violate any reasonable order issued by
deemed necessary under the circumstances. city emergency personnel during periods of
declared emergency. Violation Knowing violation
D. Mandatory evacuation of persons from of an emergency regulation or order issued by city
designated emergency areas. when necessary for emergency personnel during periods of a declared
public safety or when necessary for the efficient emergency is a Class 1 civil infraction and shall
conduct of activities that minimize or mitigate the may be prosecuted as set forth in Chapter 1.16 of
effects of the emergency. the Tigard Municipal Code, except that,
notwithstanding Section 1.16.640.A.1, the
E. Prohibit or restrict the sale of alcoholic minimum fine upon conviction shallbe is not less
beverages. than $250 and not more than $1,000 per offense.
Each day of violation shall will be deemed a
F. Prohibit or restrict the sale of gasoline or separate offense for purposes of imposition of
other flammable liquids. penalty. (Ord. 12-01 §2; Ord. 10-03 §1) ■
G. Prohibit or restrict the sale, carrying or
possession of any weapons or explosives of any
kind on public streets, public places, or any
outdoor place.
H. Curtailment or suspension of
commercial activity.
I. Interruption or termination of water, gas,
or electrical service.
J. Redirection of city funds for emergency
use and suspension of standard city procurement
procedures.
K. Other measures which are imminently
necessary for the protection of life, property, or
the environment, including entering into or upon
private property to prevent or minimize danger to
lives, property, or the environment. (Ord. 10-03
§1)
7-74-4