15.04.010 Title.
- This Title is known as the “Emergency Code.”
15.04.020 Purpose.
The State has delegated to local governments the responsibility for responding to emergencies. The purpose of the Emergency Code is to identify and delegate City responsibilities when an emergency exists within the City. The goal is to reduce the risk of widespread loss of life, injury to persons, property, environment, and to decrease human suffering and economic loss resulting from emergencies.
15.04.030 Definitions.
- A. "Emergency" means any natural, technological or human-made event or circumstance causing or threatening: widespread loss of life, injury to persons or property, harm to the environment, human suffering or economic loss, including but not limited to fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, housing emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, cybersecurity incidents, acts of terrorism and war.
- B. “Declaring official” means the Mayor or other City official as provided in Portland City Code Section 15.08.010.
15.04.040 Declaration of State of Emergency.
- A. A state of emergency exists when the declaring official has declared that a state of emergency exists and:
- 1. The situation requires coordination of response or policy beyond that which occurs routinely; or
- 2. The required response is not achievable solely with the added resources available through mutual aid or cooperative assistance agreements.
- B. The declaration will be in writing, will designate the geographic boundaries of the area in which the state of emergency exists, and will fix the duration of time in which the state of emergency will exist.
- C. The state of emergency will be in effect for the period set forth in the declaration, but may not exceed 21 days in duration. If the Council does not extend the state of emergency upon request of the declaring official and Council does not otherwise modify or terminate the extension of an emergency declaration as provided in Portland City Code Section 15.04.050, the declaring official may extend the declaration in intervals of up to 14 days. If the Council extends the emergency by non-emergency ordinance, the declaring official may extend the declaration in intervals of up to 14 days until the effective date of the ordinance.
- D. The declaring official must declare a state of emergency prior to requesting from the governing body of Multnomah County resources not available through mutual aid or cooperative assistance agreements.
- E. The declaring official has authority to ask the Governor to declare a state of emergency within the City. Pursuant to ORS 401.165 (2), the declaring official must submit the request through the governing body of Multnomah County.
- F. If the emergency declaration is still in effect when the emergency no longer exists or when the threat of an emergency has passed, the declaring official will terminate the state of emergency by declaration. The declaring official will communicate the change from the disaster response phase to the recovery phase with all appropriate officials.
15.04.050 Council Consideration of Emergency Declaration.
The Council may, by ordinance:
- A. Extend a state of emergency for additional periods of up to 60 days upon request by the declaring official;
- B. With the affirmative vote of at least nine Councilors, decrease the duration of or terminate the extension of an emergency by the declaring official.
- C. Modification or termination of the extension of an emergency declaration is prospective only and does not affect any actions taken prior to modification or termination.
15.04.060 Declaration of Housing Emergency or Shelter Shortage by Council.
- A. Housing Emergency
- 1. When circumstances create an immediate need to provide adequate, safe, and habitable shelter to persons experiencing homelessness, the Council may declare by ordinance that a housing emergency exists. A housing emergency is a health and safety emergency under Portland City Code Subsection 33.296.030 G. and shelters are allowed as temporary activities for the duration of the emergency subject to the standards in Section 33.296.040. The initial duration of a housing emergency may not exceed one year. A housing emergency may be extended in increments of up to three years.
- 2. If a housing emergency is still in effect when the emergency no longer exists or when the threat of an emergency has passed, the Council will terminate the housing emergency by ordinance.
- B. Shelter Shortage
- When circumstances create a continuing unmet need for adequate, safe and habitable shelter, the Council may adopt an ordinance declaring a shelter shortage. This declaration will remain in effect until the Council terminates the declaration by ordinance.
- 1. A shelter shortage is a health and safety emergency under Portland City Code Subsection 33.296.030.G and shelters are allowed as temporary activities for the duration of the emergency subject to the standards in Section 33.296.040.