Ordinance No. 10-03 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10- 05
AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE CHAPTER 7.74
RELATING TO EMERGENCY OPERATIONS
WHEREAS, the City of Tigard's Emergency Operations Municipal Code was repealed in November 1996;
and
WIEREAS, pursuant to ORS 401.305, an Emergency Management Agency for the City of Tigard may
be established; and
WHEREAS, the Emergency Management PIan, together with corresponding hazard-specific plans and
resource and call lists may be referred to as the "Plan," which shall set out emergency procedures for the
City; and
WHEREAS, the City Council is responsible for setting policy through the adoption of the Plan; and
now, therefore,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific Tigard Municipal Code 7.74 Emergency Operations attached as Exhibit A
to this ordinance is hereby adopted and approved by the City Cotulcil.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council.
PASSED: By L[n 0 llj rt)0&5 vote of Council members present after being read by number
and title only, this�2`lay of 52010.
l �
Catherine �atley, City ecorde
APPROVED: By Tigard City Council this ay of 2 10.
d ig irksen,Mayor
Approved as to form:
l
Attorney
11LLL - 3 D
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IJXHIBIT A
TIGARD MUNICIPAL CODE
EMERGENCYChapter-7.74 OPERATIONS. 7.74.010 Short Title.
(Repealed by Or-d.96 38), Chapter 7.74 shall be known and may be
cited as the"Emergency Management Code"and
see-tions; also may be referred to herein as"this chapter."
7.74.000 Emergeney Management 7.74.020 Emergency Management Plan.
7.74.000 E ement Pla The Emergency Management Plan referred to
herein consists of the Emergency Management
r,..a;,-,.,nee #96 38 adopted Seel ons , and -2 ofth Plan, together with corresponding hazard-specific
€axe bene5' Management nThe —---—
plans and resource and call lists.The Plan shall set
ette—Ety out emergency procedures for the City to
` Reeer-den (Or-d. 96 38) implement when responding to various types of
significant emergencies. The Plan shall be on file
Chapter 7.74 EMERGENCY OPERATIONS. with the City Recorder and also on the internet at
the following address: http://www.tigard-
7.74.000 Emergency Management Code. or.gov/city_hall/departments/public works/emery
7.74.010 Short Title. ency/default.asp. The Plan may be changed or
7.74.020 Emergency Management Plan. updated from time to time as follows: The City
7.74.030 Agreements. Council shall have authority to adopt or amend
7.74.040 "Local Emergency"Defined. Section 1, Administrative Overview, and Section
7.74.050 Adoption of the National 1a, Basic Plan of the Plan, as these sections serve
Incident Management System. as the policy direction for emergency operations.
7.74.060 Executive Responsibilities and The Emergency Program Manager shall have
Line of Succession. authority to amend other sections or documents
7.74.070 Declaration and Ratification of a associated with the Plan.
Local Emergency.
7.74.080 Declaration of Emergency– 7.74.030 Agreements.
Authorized Procedures.
7.74.090 Violations–Penalties. In accordance with the City's procurement
procedures, the Emergency Program Manager is
7.74.000 Emergency Management Code. authorized to negotiate, prepare, and recommend
agreements between the City and public agencies
Pursuant to ORS 401.305,related to the or private parties in furtherance of the policies set
emergency management powers of local forth in the Plan. Emergency contracts shall be
governments, an Emergency Management Agency entered into in accordance with Tigard's Public
for the City of Tigard is established. Subject to the Contracting Rules Section 80.010.
appointment by the City Manager,the Emergency
Program Manager shall have responsibility for the 7.74.040 "Local Emergency"Defined.
organization, administration, and operation of the
Emergency Management Agency during an A"local emergency"exists whenever the
emergency in accordance with the Emergency City or an area impacting part of the City is
Management Plan. suffering, or in imminent danger of suffering, an
incident that may cause injury or death to persons,
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or damage to or destruction of property to the reason, is unable or unavailable to perform the
extent that extraordinary measures must be taken duties identified under this chapter,the duties
to protect life,property, or the environment. shall be performed in the following order of
Such an incident shall include,but not be succession:
limited to, the following: fire,explosion, flood,
severe weather,landslide, drought, earthquake, a. Council President or Council
volcanic activity, spills or releases of oil or Member.
hazardous material as defined in ORS 466.605,
contamination,utility or transportation b. City Manager or the Assistant City
emergencies,pandemic, disease,blight, Manager.
infestation,civil disturbance,riot, sabotage,
terrorist attack and war.The Mayor, or the C. Police Chief or the Police Chief's
Mayor's successor,has the authority to declare a designee.
local emergency subject to fhe provisions of TMC
7.74.070. d. Public Works Director or the
Public Works Director's designee.
7.74.050 Adoption of the National Incident
Management System. 2. The powers of the successor to the
Mayor shall be limited to those granted under this
The principles and policies of the National chapter and the Charter. The duration of
Incident Management System(NIMS) shall serve succession shall be until such time as the Mayor is
as the foundation for the City's incident able and available to perform his duties.
command,coordination,and support activities.
7.74.070 Declaration and Ratification of a
1. To the extent possible,the City will Local Emergency.
utilize the Incident Command System(ICS) of
NIMS to manage major emergencies and disaster When the Mayor,or the Mayor's successor,
operations within its jurisdiction. determines that a local emergency exists,the
Mayor,or the Mayor's successor, shall make a
2. City staff responsible for managing declaration to that effect, and within 24 hours,call
and/or supporting major emergency and disaster a special meeting of City Council to ratify the
operations will be provided appropriate training declaration of emergency.
on NIMS, ICS and its core components.
1. A declaration of local emergency can be
7.74.060 Executive Responsibilities and made to:
Line of Succession.
a. Implement specific temporary local
Notwithstanding the following,the City measures which may be taken to protect life,
Manager is responsible for ensuring emergency property, or the environment.
management functions assigned under the Plan are
carried out. b. Request assistance from the county
and/or state,to include requesting a declaration of
1. The Mayor, or the Mayor's designee, a"state of emergency"made by the governor.
shall administer the implementation of policies
contained in the Plan. If the Mayor, for any
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C. Request the governor ask for a a. State the duration of time during
presidential"declaration of a major disaster or which the designated area shall remain an
emergency,"which would initiate actions emergency area, and
necessary for local governments and individuals b. Approve or modify specific
to receive federal disaster assistance. emergency measures recommended by the Mayor,
or the Mayor's successor, for the duration of the
2. The declaration by the Mayor, or the emergency period set forth in the declaration.
Mayor's successor, of a local emergency shall
state the following: 5. The local emergency declared by the
Mayor, or the Mayor's successor, shall exist for
a. The nature of the emergency; the period set forth in the declaration,but shall not
exceed two weeks in duration.However,the local
b. Location or geographic area emergency may be extended for additional,two-
affected; Fweek periods with City Council approval.
C. Description of emergency 7.74.080 Declaration of Emergency—
conditions or threat; Authorized Procedures.
d. Description of damage or potential Whenever a local emergency has been
damage, if any; and declared to exist within the City, one or more of
the following temporary emergency measures
e. Specific measures to be taken to may be taken to protect life,property, or the
protect lives and properties. environment:
3. If a declaration is made to request 1. Establishment of a curfew for the area
assistance,in addition to the statements required designated as an emergency area which fixes the
in Section 7.74.070 (2),the declaration shall hours during which all persons, other than
include: officially recognized personnel, may be upon the
public streets or other public places.
a. Resources committed and actions
initiated by the City to stabilize the situation; 2. Prohibition or limitation of the number
of persons who may gather or congregate upon
b. A statement requesting the any public street,public area, or any outdoor place
governor consider the City an"emergency area," within the area designated as an emergency area.
declare a state of emergency,and, if warranted,
request a presidential declaration; and 3. Barricading of streets and other areas.
Vehicular and pedestrian traffic may be prohibited
C. The type of assistance and or regulated on streets leading to areas designated
resources required. as emergency areas for such distance as may be
deemed necessary under the circumstances.
4. In addition to the requirements of
Sections 7.74.070 (2) and(3),the ratification by 4. Mandatory evacuation of persons from
the City Council of a local emergency shall: designated emergency areas.
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5. Prohibit or restrict the sale of alcoholic
beverages.
6. Prohibit or restrict the sale of gasoline or
other flammable liquids.
7. 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.
8. Curtailment or suspension of
commercial activity.
9. Interruption or termination of water, gas,
or electrical service.
10. Redirection of City funds for emergency
use and suspension of standard City procurement
procedures.
11. 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.
7.74.090 Violations-Penalties.
No person shall knowingly violate any regulation
promulgated pursuant to this ordinance, and
imposed in a state of emergency declared pursuant
to this ordinance; nor shall any person knowingly
violate any reasonable order issued by city
emergency personnel during periods of declared
emergency. Violation of an emergency regulation
or order is a Class 1 civil infraction and shall be
prosecuted as set forth in Chapter 1.16 of the
Tigard Municipal Code, except that,
notwithstanding TMC section 1.16.410(1), the
minimum fine upon conviction shall be not less
than $250.00 and not more than $1,000.00 per
offense. Each day of violation shall be deemed a
separate offense for purposes of imposition of
penalty.
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